United States of America v. American Zinc Recycling Corporation
Plaintiff: United States of America
Defendant: American Zinc Recycling Corporation
Case Number: 1:2020cv02582
Filed: April 29, 2020
Court: US District Court for the Northern District of Illinois
Presiding Judge: Joan B Gottschall
Nature of Suit: Environmental Matters
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 17, 2020 Filing 10 MINUTE entry before the Honorable Joan B. Gottschall: The court has reviewed the complaint #1 , the proposed consent decree [4-1], the exhibits to the consent decree, and the pending unopposed motion #9 to approve the proposed consent decree. Seventh Circuit case law requires this court to find, inter alia, that the proposed consent decree is procedurally and substantively fair, which inquiry includes an assessment of the strengths of the plaintiff's case verses the risks of further litigation. See Lopez-Aguilar v. Marion Cnty., Sheriff's Dep't, 924 F.3d 375, 383 (7th Cir. 2019); EEOC v. Hiram Walker & Sons, Inc., 768 F.2d 884, 889 (7th Cir. 1985); United States v. Wis. Elec. Power Co., 522 F. Supp. 2d 1107, 111112 (E.D. Wis. 2007)). To comply with this authority, the court requires the parties to supplement the record. Without limiting the parties' presentation in any way, information on the following matters would be useful: (1) evidence shedding some light on the process leading the consent decree; an exhaustive description is not required, but sufficient evidence of arms-length negotiations is desirable; (2) a brief discussion of the factors identified by the Seventh Circuit in Hiram Walker & Sons, supra, especially the strength of plaintiff's claims verses the proposed settlement; and (3) in the same regard, a comparison of the penalty in the consent decree ( 9) with both the range of penalties the government would likely seek were it to pursue further litigation and the penalties that have been imposed for comparable alleged violations. Any supplemental response is due on or before July 1, 2020. Mailed notice (mjc, )
June 10, 2020 Filing 9 MOTION by Plaintiff United States of America to approve consent judgment -- United States' UNOPPOSED Motion to Enter Consent Decree (ECF No. 4-1) (Stone, Randall)
May 26, 2020 Opinion or Order Filing 8 ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket11, )
May 6, 2020 Filing 7 MINUTE entry before the Honorable Joan B. Gottschall: A status report is due on or before 6/29/2020 unless a motion for final approval of the consent decree has been filed by that date. Counsel are advised to consult Judge Gottschall's page on the court's website (www.ilnd.uscourts.gov) for guidance on the contents of the status report.Mailed notice (mjc, )
April 29, 2020 Filing 5 DESIGNATION of Nigel B Cooney as U.S. Attorney for Plaintiff United States of America (Cooney, Nigel)
April 29, 2020 Filing 4 NOTICE by United States of America - Notice of Lodging of Proposed Consent Decree (subject to public comment) (Attachments: #1 Proposed Consent Decree)(Stone, Randall)
April 29, 2020 Filing 3 ATTORNEY Appearance for Plaintiff United States of America by Randall M. Stone (Stone, Randall)
April 29, 2020 Filing 2 CIVIL Cover Sheet (Stone, Randall)
April 29, 2020 Filing 1 COMPLAINT filed by United States of America; (Stone, Randall)
April 29, 2020 CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (txl, )
April 24, 2020 Opinion or Order Filing 6 ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice (ec, )

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Defendant: American Zinc Recycling Corporation
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Plaintiff: United States of America
Represented By: Randall M. Stone
Represented By: Nigel B Cooney
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