Opinion
No. 03 C 2589
March 16, 2004
MEMORANDUM OPINION AND ORDER
Plaintiff seeks to file an amended complaint, and defendant objects. Plaintiff is granted leave to file an amended complaint including Count I but not Count II.
In Count I plaintiff alleges, in effect, that defendant seeks, in payout letters, attorneys' fees that are unreasonable. If so, then the amounts sought would appear to be misleading because they are not justified by the contractual agreement. We fail to see, however, the logic of Count II. If the fees are reasonable and thus permitted by the agreement, the fact that they were set by the defendant does not make them imprecise. Defendant is precise in what it claims. As we have previously ruled, defendant is entitled to recover reasonable attorneys' fees and it does not need a prior court determination of what it can collect, so long as what it seeks is reasonable.