United States District Court, N.D. Illinois
May 3, 2004.
GEORGE WEILAND, et al., Plaintiffs,
RAUSCH CONSTRUCTION COMPANY INCORPORATED, Defendant
The opinion of the court was delivered by: JAMES MORAN, Senior District Judge
MEMORANDUM OPINION AND ORDER
This court entered judgment against defendant on February 20, 2004.
Defendant moved to vacate, contending that it had not received various
notices, despite orders and correspondence it is hard to believe
defendant did not receive. Nevertheless, we vacated the judgment and
permitted defendant to file a belated response to plaintiffs' motion for
That response is a legal argument contending that defendant is not or
should not be liable for audit and legal fees. It does not dispute any of
the undisputed facts previously filed by plaintiff and they are,
accordingly, deemed admitted. And it is clear that the Trust Agreement,
in the circumstances presented, require the defendant to pay the audit
fees, and that 29 U.S.C. § 1132(g)(2) requires defendant to pay
plaintiffs' legal fees, now increased to $7,986.60. We enter judgment in
the amount of $12,934.84, for $18.17 in liquidated damages, $9.27 in
interest, $4,690 for audit costs, $7,986.60 for plaintiffs' legal fees,
and $230.80 in costs. And we adhere to the views previously expressed in
the Memorandum Opinion and Order dated February 20, 2004.
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