Duke Energy Progress, LLC v. 3M Company, et al

Filing 1782

ORDER granting #1749 Motion for Relief from Liaison Counsel Duties - Signed by District Judge Louise Wood Flanagan on 1/14/2016. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No.: 5:08-CV-00460-FL
DUKE ENERGY PROGRESS, INC.

v.
3M COMPANY, et al.,

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)
Plaintiff,
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)
)
)
)
)
Defendants. )
)
)

Civil Action No.: 5:08-CV-00463-FL
CONSOLIDATION COAL COMPANY,

v.
3M COMPANY, et al.,

)
)
Plaintiff,
)
)
)
)
)
)
Defendants. )

ORDER
By an Order entered on June 15, 2010 (Case 460, Doc. No. 311; Case 463, Doc. No.
326), Keith Johnson and Tricia Shields were appointed to serve as liaison counsel to the Court
for the vast majority of defendants in this civil action, with certain duties as liaison counsel set
forth in that Order. Many third-party defendants subsequently joined the Johnson-Shields liaison
group. Since most members of the Johnson-Shields liaison group have now settled with the
plaintiffs and have been, or soon will be dismissed from this litigation, Mr. Johnson and Mrs.
Shields indicate there is no longer a need for liaison counsel and have moved to be relieved of

their liaison counsel duties. They indicate in their motion they apprised their liaison group
members of their intent to wind down group functions and file this motion, and no member
objected.
Accordingly, Mr. Johnson’s and Mrs. Shields’ motion is hereby GRANTED.

The

movants indicate one task in winding down liaison group functions is the equitable disbursement
of group funds collected from group members and used to pay common expenses. It is proposed
that, once any remaining group obligations are met, a pro rata refund be made to each group
member that has met all their payment obligations to the group fund. That appears to be an
equitable approach, and Mr. Johnson is authorized to do so.
14th
SO ORDERED, this the ___ day of January, 2016.

Louise W. Flanagan
United States District Judge

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