Souders, et al v. SC Public Service

Filing 84

SUPPLEMENTAL ORDER on the Award of Attorneys' Fees and Costs entered 79 Motion for Attorney Fees. The Court orders that the statutory reimbursement of attorneys' fees shall be apportioned as detailed in Exhibit A. Likewise, the Plaintiffs' costs shall be reimbursed. Therefore, it is so ORDERED that final disbursement of the apportioned attorney fees and costs be made. Signed by Honorable Patrick Michael Duffy on 12/21/2011. (Attachments: # 1 Exhibit A)(alan, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
WILLIAM J. and PHYLLIS W.
SAUDERS, et al.,
Plaintiffs,

)
)
)
)
v.
)
)
SOUTH CAROLINA PUBLIC SERVICE )
AUTHORITY, a/k/a SANTEE COOPER, )
Defendant.
)
____________________________________)
)
WILLIAM J. AND PHYLLIS W.
)
SAUDERS, et al.,
)
Plaintiffs,
)
)
v.
)
)
SOUTH CAROLINA PUBLIC SERVICE )
AUTHORITY, a/k/a SANTEE COOPER, )
Defendant.
)
____________________________________)
)
HERBERT BUTLER, et al.,
)
Plaintiffs,
)
)
v.
)
)
SOUTH CAROLINA PUBLIC SERVICE )
AUTHORITY, a/k/a SANTEE COOPER, )
Defendant.
)
____________________________________)

C.A. No.: 2:93-3077-23

C.A. No.: 2:97-0673-23

C.A. No.: 2:03-0934-23

SUPPLEMENTAL ORDER ON THE AWARD
OF ATTORNEYS’ FEES AND COSTS
On March 30, 2011, this Court entered an Order granting the Plaintiffs Statutory
Attorneys’ Fees and Costs in the above-captioned matter. (Doc. #279). A Final Order and
Judgment was entered on August 23, 2011. (Doc. # 285).

A hearing was held on December 6, 2011, and all Plaintiffs were provided the
opportunity to provide the Court with their positions on which method of allocation was to be
used to disburse the attorney fees and costs awarded. On December 12, 2011, this Court ordered
that the pro-rata method of distribution should be utilized, which would allocate the attorney fees
awarded based on the Landowners’ percentage share of the total award as per the Final Order
and Judgment to allow for the fairest and most equitable result considering all Parties involved.
Plaintiffs’ Counsel was ordered to calculate each Plaintiff’s apportionment of the
statutory award of fees and costs in accordance with its Order and to submit therewith a proposed
order with the final calculations. Having reviewed those final numbers, the Court orders that the
statutory reimbursement of attorneys’ fees shall be apportioned as detailed in Exhibit A (attached
hereto). Likewise, the Plaintiffs’ costs shall be reimbursed.
Therefore, it is so ordered that final disbursement of the apportioned attorneys fees and
costs be made.

________________________________
PATRICK MICHAEL DUFFY
UNITED STATES DISTRICT JUDGE

Charleston, South Carolina
December ____, 2011
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