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

Filing 968

ORDER signed by Chief Judge William C Griesbach on 12-19-14 granting 965 Motion for Order directing disbursement of funds. (cc: all counsel, Financial) (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 FOR DISBURSEMENT

Settling Defendant Kimberly-Clark Corporation has paid $1,350,000 into a Court Registry
Account as prescribed by a Consent Decree that was lodged with the Court (Dkt. 924-2) and a
subsequent Order entered by the Court (Dkt. 926). The Court recently approved and entered that
Consent Decree (Dkt. 961, 962).

The Plaintiffs have now filed a Motion asking the Court to

authorize the disbursement of the Kimberly- Clark settlement payment (plus accrued interest) to
Plaintiffs, as envisioned by that Consent Decree concerning the Lower Fox River and Green Bay
Superfund Site (the “Site”).
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 $1,350,000 that

Kimberly-Clark paid into a Court Registry Account (and all accrued interest on that deposit) shall
be disbursed to the United States and the State of Wisconsin after entry of this Order, as follows:

a.

$400,000 (plus the corresponding interest on that amount) shall be disbursed

to the United States; and
b.

$950,000 (plus the corresponding interest on that amount) shall be disbursed

to the State of Wisconsin.
2.

The United States and the State of Wisconsin 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 the services rendered in conjunction with this use of a Court Registry
Account.
4.

For the amount disbursed to the United States under Subparagraph 1.a, the United

States shall ensure that the total amount is allocated such that: (i) $175,000 (plus all accured
interest on that portion of the total) 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 Site, or to be transferred
by EPA to the EPA Hazardous Substance Superfund; and (ii) $225,000 (plus all accrued interest on
that portion of the total) shall be deposited in a Site-specific sub-account within the Department of
the Interior’s Natural Resource Damage Assessment and Restoration Fund, to be managed by DOI
for the joint benefit and use of the Trustees to pay for natural resource damage restoration projects
jointly selected by the Trustees and/or to be applied toward natural resource damage assessment
costs incurred by DOI and the State.

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5.

For the amount disbursed to the State of Wisconsin under Subparagraph 1.b, the

State shall ensure that the total amount is deposited in a segregated fund under the direction of
WDNR, to be retained and used to conduct or finance response actions at or in connection with the
Site, or to be transferred to the EPA Hazardous Substance Superfund.

Dated this 19th day of December, 2014.

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

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