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Weiland v. Rausch Construction Company Incorporated

United States District Court, N.D. Illinois
May 3, 2004
No. 02 C 5085 (N.D. Ill. May. 3, 2004)

Opinion

No. 02 C 5085

May 3, 2004


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 summary judgment.

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.


Summaries of

Weiland v. Rausch Construction Company Incorporated

United States District Court, N.D. Illinois
May 3, 2004
No. 02 C 5085 (N.D. Ill. May. 3, 2004)
Case details for

Weiland v. Rausch Construction Company Incorporated

Case Details

Full title:GEORGE WEILAND, et al., Plaintiffs, vs. RAUSCH CONSTRUCTION COMPANY…

Court:United States District Court, N.D. Illinois

Date published: May 3, 2004

Citations

No. 02 C 5085 (N.D. Ill. May. 3, 2004)