USA, et al v. P.H. Glatfelter Company, et al
Defendant / Appellee: APPVION, INCORPORATED and NCR CORPORATION
Defendant / Appellant: P.H. GLATFELTER COMPANY
Plaintiff / Appellee: STATE OF WISCONSIN and UNITED STATES OF AMERICA
Case Number: 17-3175
Filed: October 23, 2017
Court: U.S. Court of Appeals, Seventh Circuit
Nature of Suit: Environmental Matters
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This docket was last retrieved on April 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2019 Opinion or Order Filing 55 ORDER re: Joint motion for voluntary dismissal of appeal. This cause is DISMISSED pursuant to F.R.A.P. 42(b). The mandate in this appeal shall issue forthwith. Mandate issued, no record to be returned. [ # 54 ][55][6995235] [17-3175] (AP) [Entered: 04/03/2019 03:13 PM]
April 3, 2019 FOR COURT USE ONLY: Certified copy of 04/03/2019 Final Order with Mandate sent to the District Court Clerk. [6995246-2] [6995246] [17-3175] (AP) [Entered: 04/03/2019 03:21 PM]
March 28, 2019 Filing 54 Joint motion filed by Appellant P.H. Glatfelter Company to dismiss case. [54] [6993770] [17-3175] (Mandelbaum, David) [Entered: 03/28/2019 11:07 AM]
March 15, 2019 Opinion or Order Filing 53 ORDER re: Status report on proposed settlement. IT IS ORDERED that the parties shall file a further status report by May 15, 2019, or within 14 days of an order entering the consent decree. A motion to dismiss under Federal Rule of Appellate Procedure 42(b) will satisfy this requirement. RFG. [53] [6991038] [17-3175] (AG) [Entered: 03/15/2019 01:14 PM]
March 14, 2019 Filing 52 Filed status report by Appellee USA. [52] [6990683] [17-3175] (Kranz, Erika) [Entered: 03/14/2019 09:57 AM]
February 28, 2019 Filing 51 Circuit Rule 26.1 Dislosure Statement and Appearance form filed by Attorney Erika Kranz for Appellee USA. [51] [6987676] (L-Yes; E-Yes; R-Yes) [17-3175] [Edited 02/28/2019 by CAG to reflect filing as disclosure statement and the addition of counsel.] (Kranz, Erika) [Entered: 02/28/2019 11:04 AM]
January 15, 2019 Opinion or Order Filing 50 ORDER: Joint notice of settlement and motion for stay of appeal, filed on 1/11/19. The motion is GRANTED. Proceedings in this appeal are SUSPENDED pending further court order. The parties shall file a status report by March 14, 2019, or within seven days of the conclusion of proceedings in the district court if earlier. [ # 49 ] RFG. [50] [6977887] [17-3175] (FP) [Entered: 01/15/2019 09:42 AM]
January 11, 2019 Filing 49 Joint motion filed by Appellant P.H. Glatfelter Company for stay of appeal. [49] [6977404] [17-3175] (Mandelbaum, David) [Entered: 01/11/2019 03:44 PM]
August 1, 2018 Filing 48 Appellant's reply brief filed by Appellant P.H. Glatfelter Company. Paper copies due on 08/08/2018 Electronically Transmitted. [48] [6942282] [17-3175] (GW) [Entered: 08/01/2018 03:42 PM]
August 1, 2018 Filing 47 Submitted appellant reply brief by David G. Mandelbaum for Appellant P.H. Glatfelter Company. [47] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [6942256] [17-3175] (Mandelbaum, David) [Entered: 08/01/2018 03:11 PM]
July 18, 2018 Opinion or Order Filing 46 ORDER re: Response to Rule to Show Cause for Appellee, filed on July 17, 2018, by counsel for the appellee Appvion, Inc. Appellee Appvion, Inc. has notified the court that it will not be participating in this appeal. Accordingly, this appeal will be submitted without the filing of a brief or participation in oral argument by Appvion. Briefing shall proceed as follows: The reply brief of the appellant(s), if any, will be due by August 1, 2018. SCR [46] [6939142] [17-3175] (AD) [Entered: 07/18/2018 03:20 PM]
July 17, 2018 Filing 45 Filed Showcause Response by Appellee Appvion, Incorporated to Rule to Show Cause. [45][6938875] [17-3175] (Ragatz, Ronald) [Entered: 07/17/2018 03:30 PM]
July 16, 2018 Opinion or Order Filing 44 ORDER: Appellee Appvion, Incorporated is directed to showcause as to why this appeal should not be submitted to the Court for a decision without the filing of a brief and without oral argument by the appellee/respondent, per C. R. 31(d). ME. Briefing is SUSPENDED pending further court order. Response to Rule to Showcause due for Appellee Appvion, Incorporated by 07/30/2018. [44] [6938356] [17-3175] (ME) [Entered: 07/16/2018 10:13 AM]
July 9, 2018 Filing 43 Appellee's brief filed by Appellee NCR Corporation. Paper copies due on 07/17/2018 Electronically Transmitted. [43] [6937194] [17-3175] (CCG) [Entered: 07/10/2018 01:06 PM]
July 9, 2018 Filing 42 Re-Submitted appellee brief by Darin P. McAtee for Appellee NCR Corporation. [42] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [6937027] [17-3175] (McAtee, Darin) [Entered: 07/09/2018 05:11 PM]
July 9, 2018 Filing 41 Brief deficiency letter sent to Appellee NCR Corporation. [41] [6936806] [17-3175] (CCG) [Entered: 07/09/2018 10:18 AM]
July 2, 2018 Filing 40 Filed Appendix Vol I & II by Appellee USA and Appelle and State of Wisconsin. [40] [6935728] Paper copies due on 07/10/2018 [17-3175]--[Edited 07/10/2018 by RS] (RS) [Entered: 07/03/2018 08:48 AM]
July 2, 2018 Filing 39 Appellee's brief filed by Appellee USA and Appellee State of Wisconsin. Paper copies due on 07/10/2018 Electronically Transmitted. [39] [6935727] [17-3175]--[Edited 07/10/2018 by RS] (RS) [Entered: 07/03/2018 08:47 AM]
July 2, 2018 Filing 38 NOTICE: Attorney Darin P. McAtee for Appellee NCR Corporation will not be available for oral argument 9/21/2018, 10/25/2018, 10/26/2018, 11/19-2018 - 11/23/2018. [38] [6935700] [17-3175] (McAtee, Darin) [Entered: 07/02/2018 09:06 PM]
July 2, 2018 Filing 37 Submitted appellee brief by Darin P. McAtee for Appellee NCR Corporation. [37] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [6935699] [17-3175] (McAtee, Darin) [Entered: 07/02/2018 08:57 PM]
July 2, 2018 Filing 36 Submitted appellee brief by Robert H. Oakley for Appellee USA. [36] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [6935694] [17-3175] (Oakley, Robert) [Entered: 07/02/2018 06:21 PM]
June 22, 2018 Opinion or Order Filing 35 ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellees' briefs due on or before 07/02/2018 for Appvion, Incorporated, NCR Corporation, State of Wisconsin and United States of America. Appellant's reply brief, if any, is due on or before 07/30/2018 for Appellant P.H. Glatfelter Company. RJS [6933374] [17-3175] (CR) [Entered: 06/22/2018 09:39 AM]
May 14, 2018 Filing 34 Filed Appendix by Appellant P.H. Glatfelter Company. [34] [6924796] Paper copies due on 05/22/2018. [17-3175] (DSL) [Entered: 05/15/2018 09:01 AM]
May 14, 2018 Filing 33 Appellant's brief filed by Appellant P.H. Glatfelter Company. Paper copies due on 05/22/2018. Electronically Transmitted. [33] [6924791] [17-3175] (DSL) [Entered: 05/15/2018 08:55 AM]
May 14, 2018 Filing 32 Submitted Appendix by David G. Mandelbaum for Appellant P.H. Glatfelter Company. [32] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [6924681] [17-3175] (Mandelbaum, David) [Entered: 05/14/2018 05:12 PM]
May 14, 2018 Filing 31 Submitted appellant brief by David G. Mandelbaum for Appellant P.H. Glatfelter Company. [31] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [6924654] [17-3175] (Mandelbaum, David) [Entered: 05/14/2018 04:34 PM]
April 2, 2018 Opinion or Order Filing 30 ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 05/14/2018 for P.H. Glatfelter Company. Appellees' briefs due on or before 06/28/2018 for Appvion, Incorporated, NCR Corporation, State of Wisconsin and United States of America. Appellant's reply brief, if any, is due on or before 07/25/2018 for Appellant P.H. Glatfelter Company. RJS [6914606] [17-3175] (VG) [Entered: 04/02/2018 09:23 AM]
February 21, 2018 Opinion or Order Filing 29 ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 04/12/2018 for P.H. Glatfelter Company. Appellees' briefs due on or before 05/14/2018 for Appvion, Incorporated, NCR Corporation, State of Wisconsin and United States of America. Appellant's reply brief, if any, is due on or before 05/29/2018 for Appellant P.H. Glatfelter Company. RJS [6905241] [17-3175] (MM) [Entered: 02/21/2018 03:01 PM]
January 18, 2018 Opinion or Order Filing 28 ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 03/12/2018 for P.H. Glatfelter Company. Appellees' briefs due on or before 04/12/2018 for Appvion, Incorporated, NCR Corporation, State of Wisconsin and United States of America. Appellant's reply brief, if any, is due on or before 05/02/2018 for Appellant P.H. Glatfelter Company. RJS [6897257] [17-3175] (VG) [Entered: 01/18/2018 08:59 AM]
December 22, 2017 Opinion or Order Filing 27 ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 02/05/2018 for P.H. Glatfelter Company. Appellees' briefs due on or before 03/05/2018 for Appvion, Incorporated, NCR Corporation, State of Wisconsin and United States of America. Appellant's reply brief, if any, is due on or before 03/19/2018 for Appellant P.H. Glatfelter Company. RJS [6892191] [17-3175] (MM) [Entered: 12/22/2017 03:27 PM]
November 30, 2017 Opinion or Order Filing 26 ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 01/16/2018 for P.H. Glatfelter Company. Appellees' briefs due on or before 02/16/2018 for Appvion, Incorporated, NCR Corporation, State of Wisconsin and United States of America. Appellant's reply brief, if any, is due on or before 03/02/2018 for Appellant P.H. Glatfelter Company. RJS [6887109] [17-3175] (ER) [Entered: 11/30/2017 02:03 PM]
November 21, 2017 Opinion or Order Filing 25 ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 01/05/2018 for P.H. Glatfelter Company. Appellees' briefs due on or before 02/05/2018 for Appvion, Incorporated, NCR Corporation, State of Wisconsin and United States of America. Appellant's reply brief, if any, is due on or before 02/20/2018 for Appellant P.H. Glatfelter Company. RJS [6885557] [17-3175] (CR) [Entered: 11/21/2017 03:48 PM]
November 21, 2017 Filing 24 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Tuesday, December 5, 2017 at 9:30 a.m. Central Time. See Notice for further details and requirements. RJS. [24] [6885555] [17-3175] (CR) [Entered: 11/21/2017 03:45 PM]
November 21, 2017 Opinion or Order Filing 23 ORDER: On consideration of the papers filed by the parties addressing the issue of appellate jurisdiction, this appeal shall proceed to briefing. The briefing schedule is as follows: Appellant's brief due on or before 12/29/2017 for P.H. Glatfelter Company. Appellee's brief due on or before 01/29/2018 for Appvion, Incorporated, NCR Corporation, State of Wisconsin and United States of America. Appellant's reply brief, if any, is due on or before 02/12/2018 for Appellant P.H. Glatfelter Company. Counsel for appellees are encouraged to avoid unnecessary duplication by filing a joint brief or a joint appendix or by adopting parts of a co-appellees brief. Duplicative briefing will be stricken and may result in disciplinary sanctions against counsel. DW [6885392] [17-3175] (AD) [Entered: 11/21/2017 11:58 AM]
November 15, 2017 Filing 22 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Dennis Birke for Appellee Appvion, Incorporated. [22] [6884037] (L-No; E-No; R-No) [17-3175] (Birke, Dennis) [Entered: 11/15/2017 06:07 PM]
November 15, 2017 Filing 21 Filed Response by Appellee Appvion, Incorporated to Court Order of 11/07/2017, docket 12. [21][6884035] [17-3175] (Birke, Dennis) [Entered: 11/15/2017 05:59 PM]
November 15, 2017 Filing 20 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Megan A. Senatori for Appellee Appvion, Incorporated. [20] [6884032] (L-No; E-No; R-No) [17-3175] [Edited 11/16/2017 by CAG to reflect the addition of counsel.] (Senatori, Megan) [Entered: 11/15/2017 05:44 PM]
November 15, 2017 Filing 19 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ronald R. Ragatz for Appellee Appvion, Incorporated. [19] [6884031] (L-Yes; E-Yes; R-Yes) [17-3175] [Edited 11/16/2017 by CAG to reflect the addition of counsel.] (Ragatz, Ronald) [Entered: 11/15/2017 05:36 PM]
November 15, 2017 Filing 18 Filed Response by Appellee NCR Corporation to Defendant-Appellant P.H. Glatfelter Company's Jurisdictional Memorandum. [18][6884017] [17-3175] (McAtee, Darin) [Entered: 11/15/2017 04:21 PM]
November 15, 2017 Filing 17 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Darin P. McAtee for Appellee NCR Corporation. [17] [6884016] (L-Yes; E-Yes; R-No) [17-3175] (McAtee, Darin) [Entered: 11/15/2017 04:18 PM]
November 15, 2017 Filing 16 Filed Response by Appellees State of Wisconsin and USA to Appellant P.H. Glaftelter's Jurisdictional Memorandum. [16][6883949] [17-3175] (Oakley, Robert) [Entered: 11/15/2017 01:59 PM]
November 9, 2017 Filing 15 Appearance form filed by Attorney Gabe Johnson-Karp for Appellee State of Wisconsin. [15] [6882863] (L-No; E-Yes; R-Yes) [17-3175] (Johnson-Karp, Gabe) [Entered: 11/09/2017 02:09 PM]
November 9, 2017 Filing 14 Appearance form filed by Attorney Anthony D. Russomanno and Gabe Johnson-Karp for Appellee State of Wisconsin. [14] [6882842] (L-Yes; E-Yes; R-Yes) [17-3175]--[Edited 11/09/2017 by CR to reflect termination and addition of counsel] (Russomanno, Anthony) [Entered: 11/09/2017 01:35 PM]
November 9, 2017 Filing 13 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kaitlyn R. Maxwell for Appellant P.H. Glatfelter Company. [13] [6882747] (L-No; E-Yes; R-No) [17-3175] --[Edited 11/09/2017 by AP- to reflect the addition of counsel] (Maxwell, Kaitlyn) [Entered: 11/09/2017 10:34 AM]
November 7, 2017 Opinion or Order Filing 12 ORDER: Filed clerk's notice to Appellees Appvion, Incorporated, NCR Corporation, State of Wisconsin and USA to file a response to JURISDICTIONAL MEMORANDUM. Response due for Appellees Appvion, Incorporated, NCR Corporation, State of Wisconsin and United States of America by 11/15/2017, addressing the jurisdictional issue raised in the court's order of 10/24/17. DW [12] [6882346] [17-3175] (VG) [Entered: 11/07/2017 04:11 PM]
November 6, 2017 Filing 11 Jurisdictional memorandum filed by Appellant P.H. Glatfelter Company. [11] [6881757] [17-3175] (Mandelbaum, David) [Entered: 11/06/2017 11:09 AM]
November 3, 2017 Filing 10 Filed Seventh Circuit Transcript Information Sheet by Appellant P.H. Glatfelter Company. [10] [6881468] [17-3175] (Mandelbaum, David) [Entered: 11/03/2017 11:55 AM]
November 1, 2017 Filing 9 Filed Seventh Circuit Transcript Information Sheet by Appellant P.H. Glatfelter Company. [9] [6880751] [17-3175] (VG) [Entered: 11/01/2017 01:39 PM]
October 27, 2017 Filing 8 Added Attorney(s) Elliot H. Scherker for party(s) Appellant P.H. Glatfelter Company, in case 17-3175 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Elliot H. Scherker for Appellant P.H. Glatfelter Company. [8] [6879749] (L-No; E-Yes; R-No) [17-3175]--[Edited 10/27/2017 by AD to reflect the addition of counsel.] (Scherker, Elliot) [Entered: 10/27/2017 01:01 PM]
October 27, 2017 Filing 7 Added Attorney(s) Caleb Jonathan Holmes for party(s) Appellant P.H. Glatfelter Company, in case 17-3175 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Caleb J. Holmes for Appellant P.H. Glatfelter Company. [7] [6879746] (L-No; E-Yes; R-No) [17-3175]--[Edited 10/27/2017 by AD to reflect the addition of counsel.] (Holmes, Caleb) [Entered: 10/27/2017 12:53 PM]
October 27, 2017 Filing 6 Added Attorney(s) Francis A. Citera for party(s) Appellant P.H. Glatfelter Company, in case 17-3175 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Francis A. Citera for Appellant P.H. Glatfelter Company. [6] [6879743] (L-No; E-Yes; R-No) [17-3175]--[Edited 10/27/2017 by AD to reflect the addition of counsel.] (Citera, Francis) [Entered: 10/27/2017 12:44 PM]
October 27, 2017 Filing 5 Docketing Statement filed by Appellant P.H. Glatfelter Company. Prior or Related proceedings: Yes. 15-3847, 16-1197 & 16-1310 [5] [6879741] [17-3175]--[Text updated 10/30/2017 by JR.] (Mandelbaum, David) [Entered: 10/27/2017 12:40 PM]
October 27, 2017 Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney David G. Mandelbaum for Appellant P.H. Glatfelter Company. [4] [6879735] (L-Yes; E-Yes; R-No) [17-3175] (Mandelbaum, David) [Entered: 10/27/2017 12:31 PM]
October 24, 2017 Filing 3 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Robert H. Oakley for Appellee USA. [3] [6878860] (L-Yes; E-Yes; R-Yes) [17-3175] [Edited 10/24/2017 by CAG to reflect the addition of counsel.] (Oakley, Robert) [Entered: 10/24/2017 02:32 PM]
October 24, 2017 Opinion or Order Filing 2 ORDER: Appellant P.H. Glatfelter Company shall file a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. Briefing is SUSPENDED pending further court order. (See order for further details) [6878663] DW Jurisdictional memorandum due for Appellant P.H. Glatfelter Company by 11/06/2017. [2] [6878663] [17-3175] (AD) [Entered: 10/24/2017 09:33 AM]
October 23, 2017 Filing 1 U.S. civil case docketed. Fee paid. Docketing Statement due for Appellant P.H. Glatfelter Company by 10/27/2017. Transcript information sheet due by 11/06/2017. Appellant's brief due on or before 12/04/2017 for P.H. Glatfelter Company. [1] [6878320] [17-3175] (CMD) [Entered: 10/23/2017 12:06 PM]

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Defendant / appellee: APPVION, INCORPORATED
Represented By: Megan A. Senatori
Represented By: Ronald R. Ragatz
Represented By: Dennis P. Birke
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Defendant / appellee: NCR CORPORATION
Represented By: Darin P. McAtee
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Defendant / appellant: P.H. GLATFELTER COMPANY
Represented By: Francis Anthony Citera
Represented By: Kaitlyn R. Maxwell
Represented By: Caleb Jonathan Holmes
Represented By: Elliot H. Scherker
Represented By: David G. Mandelbaum
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Plaintiff / appellee: STATE OF WISCONSIN
Represented By: Gabe Johnson-Karp
Represented By: Anthony D. Russomanno
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Plaintiff / appellee: UNITED STATES OF AMERICA
Represented By: Robert H. Oakley
Represented By: Randall M. Stone
Represented By: Jonathan H. Koenig
Represented By: Erika B. Kranz
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