St. Charles jeweler sued over diamonds

Diamonds are forever, but that doesn’t mean you have an eternity to pay for them.

That’s at the crux of a lawsuit a diamond wholesaler has filed against Diamond-Mart of St. Charles, which is in the midst of a going-out-of-business sale.

R.S. Diamonds of Chicago is suing Randall Matz, president of Diamond-Mart, for breach of contract for failing to pay for some $80,500 in loose diamonds, according to court records.

Robert Dawidiuk, an attorney for R.S. Diamonds, said Kane County Judge Kevin Busch Tuesday granted a temporary restraining order prohibiting Matz from selling any more of the diamonds.

“We’re concerned (Matz) might try and close before he gives the diamonds back and that’s why we filed the lawsuit,” Dawidiuk said.

According to the suit, R.S. Diamonds shipped Diamond-Mart the diamonds on Dec. 29, 2008, and $80,499.75 is still due.

The suit seeks repayment and attorney fees from Matz, a Wayne resident.

“It would promote injustice, and sanction a fraud, to allow Diamond-Mart, Inc., Randall J. Matz, or a related entity controlling Diamond-Mart of Naperville, to obtain control of the diamonds without paying plaintiff,” the suit said.

Matz said he was served with the lawsuit, but was unaware of any temporary restraining order.

“We haven’t researched it yet so there’s really nothing to say,” he said.

Diamond-Mart in Naperville also is a defendant in the lawsuit, but a woman there said Matz has nothing to do with the store.

Matz said he sold that business to his son about three years ago. Matz said he expects to close the St. Charles location sometime in June. He declined to comment on why he was closing his doors.

Both sides are due back in court Thursday.