Opinion
C.A. No. 717-N.
Submitted: November 2, 2005.
Decided: November 17, 2005.
Dear Counsel:
In have reviewed ATT Corp.'s counsel's letter of October 31, 2005 seeking clarification of the court's August 25, 2005 decision and the plaintiffs' counsel's response of November 2, 2005. In its August 25, 2005 decision, the court clearly understood that the plaintiffs' decision to move for judgment on the pleadings rested entirely on the extraordinary admissions found in ATT's answer. Certainly, there was no independent reason to move for judgment against ATT Wireless Services, Inc. Thus, the court's decision to condition any grant of leave to ATT to amend its answer on a payment of the plaintiffs' fees and expenses in bringing the motion can only be understood to mean all fees and expenses incurred, not simply some arbitrary portion attributable solely to the relief sought against ATT.
Having elected to amend and, as a precondition, to pay those fees and expenses, ATT is now obligated to pay all "the reasonable legal fees and costs" that the plaintiffs incurred in bringing their Rule 12(c) motion. IT IS SO ORDERED.