United States of America et al v. NCR Corporation et al
Filing
1257
ORDER signed by Chief Judge William C. Griesbach on 3/14/19. The government's 1255 MOTION for Settlement is GRANTED. The consent decree is approved. The clerk is directed to enter the consent decree (ECF No. [1252-1]) on the docket. The orders found at ECF Nos. 1167 , 1217 and 1239 are hereby VACATED in accordance with the terms of the consent decree. Any remaining motions are DENIED as moot. (cc: all counsel)(Griesbach, William)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA and
THE STATE OF WISCONSIN,
Plaintiffs,
v.
Case No. 10-C-910
NCR CORPORATION, et al.,
Defendants.
ORDER
The government lodged a proposed consent decree involving P.H. Glatfelter Company and
Georgia-Pacific Consumer Products LP with the court in January 2019, which was subject to a
thirty-day public comment period. On March 14, 2019, the government filed an unopposed motion
seeking court approval of that settlement and vacatur of certain prior decisions. Upon review of the
decree and the brief in support, the court finds that the settlement is reasonable, is consistent with
the purposes of CERCLA, and will help achieve clarity and finality. The government also seeks
entry of an order vacating three of the court’s decisions: the January 3, 2017 Decision and Order on
Plaintiffs’ Motion in Limine, the February 5, 2018 Decision and Order on Cross Motions for
Summary Judgment on Recovery of Response Costs from P.H. Glatfelter Co., and the July 13, 2018
Decision and Order Denying Plaintiffs’ Motion for Reconsideration. The vacatur of those decisions
is a condition precedent to the settlement. I conclude that it is appropriate to vacate those decisions
to facilitate a settlement.
IT IS THEREFORE ORDERED that the government’s motion (ECF No. 1255) is
GRANTED. The consent decree is hereby approved. The clerk is directed to enter the consent
decree (ECF No. 1252-1) on the docket.
IT IS FURTHER ORDERED that the orders found at ECF Nos. 1167, 1217, and 1239 are
hereby VACATED in accordance with the terms of the consent decree.
IT IS FURTHER ORDERED that any remaining motions are DENIED as moot.
Dated this 14th day of March, 2019.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court
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