United States of America et al v. NCR Corporation et al

Filing 1121

ORDER signed by Chief Judge William C Griesbach on 11-3-16 denying 1113 Motion for Reconsideration. (cc: all counsel) (Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 10-C-910

NCR CORP. and APPLETON PAPERS INC.,
Defendant.

ORDER DENYING RECONSIDERATION

Defendants P.H. Glatfelter and Georgia-Pacific have filed a motion seeking reconsideration
of this court’s October 11, 2016 orders approving stipulated resolutions of claims between the
United States, Appvion and Kimberly-Clark. The motion asserts that some implications of the
stipulations were not fleshed out in the stipulations themselves. For instance, the stipulations do
not state how much Appvion’s claims against the remaining Defendants might be reduced by virtue
of its settlement. Nor do they specify that one or more other parties might still be able to appeal this
court’s decision finding Appvion not liable under CERCLA.
Glatfelter and Georgia- Pacific have not cited any principle of law that would require
settlements to specify anything other than the agreement reached between the signatory parties. In
other words, I am aware of no requirement that a settlement approved by a court must offer quasiadvisory rulings as to the implications, to other parties, of the settlement terms that are reached
therein. Even if the concerns raised in the motion to reconsider and the response to the stipulation
are valid, that does not mean those concerns must be addressed through the stipulations themselves,

which are agreements to which the objecting Defendants are not a party. Accordingly, the motion
for reconsideration is DENIED.

SO ORDERED this 3rd day of November, 2016.

/s William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

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