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

Filing 903

ORDER GRANTING 897 Rule 7(h) Expedited Non-Dispositive MOTION for Order Authorizing Court Registry Disbursement Pursuant to Consent Decree [31-1] filed by United States of America and State of Wisconsin, signed by Chief Judge William C Griesbach on 09/17/2013. Consistent with Paragraphs 6 and 9 of the Consent Decree, the $700,000 that Brown County and Green Bay paid into a Court Registry Account (and all accrued interest on those deposits) shall be disbursed to the United States. See Order for full detail. (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 AUTHORIZING COURT REGISTRY ACCOUNT DISBURSEMENTS
PURSUANT TO CONSENT DECREE WITH
BROWN COUNTY AND THE CITY OF GREEN BAY

Settling Defendants Brown County and the City of Green Bay have paid $700,000.00 into
a Court Registry Account as prescribed by a Consent Decree that was lodged with the Court
(Dkt. 31-1) and a subsequent Order entered by the Court (Dkt. 40). The Court approved and entered
that Consent Decree on June 26, 2013 (Dkt. 846). The Plaintiffs have now filed a Motion asking
the Court to authorize the disbursement of the Brown County and Green Bay settlement payments
(plus accrued interest) to Plaintiffs, as envisioned by that Consent Decree.
NOW, THEREFORE, in light of the Plaintiffs’ Motion, and good cause appearing, IT IS
HEREBY ORDERED:
1.

Consistent with Paragraphs 6 and 9 of the Consent Decree, the $700,000 that Brown

County and Green Bay paid into a Court Registry Account (and all accrued interest on those
deposits) shall be disbursed to the United States after the entry of this Order, to be applied as
follows:

a.

$105,000.00 (plus the corresponding interest on that amount) shall be

deposited in the Lower Fox River and Green Bay Superfund Site Special Account within the EPA
Hazardous Substance Superfund, to be retained and used to conduct or finance response actions at
or in connection with the Lower Fox River and Green Bay Superfund Site; and
b.

$595,000.00 (plus the corresponding interest on that amount) shall be

deposited in a Site-specific sub-account within the U.S. Department of the Interior’s Natural
Resource Damage Assessment and Restoration Fund, to be managed by DOI for the joint benefit
and use of Federal, State, and Tribal Trustees for the Site to pay for natural resource restoration
projects jointly selected by the Trustees and/or to be applied toward natural resource damage
assessment costs incurred by DOI and the State.
2.

The United States shall provide the Financial Manager in the Clerk’s Office payment

instructions to facilitate the Court Registry Account disbursements described above.
3.

Pursuant to 28 U.S.C. § 1914(b) and the Judicial Conference Schedule of Fees, no

fees shall be charged for services rendered on behalf of the United States in conjunction with this
use of a Court Registry Account.
SO ORDERED this

17th

day of September, 2013.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

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