United States of America et al v. NCR Corporation
Plaintiff: State of Michigan, United States of America and Michigan, State of
Defendant: NCR Corporation
Intervenor: Georgia-Pacific LLC, Georgia-Pacific Consumer Products LP, International Paper Company and Weyerhaeuser Company
Case Number: 1:2019cv01041
Filed: December 11, 2019
Court: US District Court for the Western District of Michigan
Presiding Judge: Robert J Jonker
Referring Judge: Ray Kent
Nature of Suit: Environmental Matters
Cause of Action: 42 U.S.C. § 9606 Environmental Matters - Abatement Actions
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 6, 2021 REGISTRY FUND PROCEEDS in the amount of $13,681,746.04, via inter-agency payment, forwarded to United States pursuant to Order on Motion to Withdraw #44 (Financial Administrator, ced)
April 6, 2021 REGISTRY FUND PROCEEDS in the amount of $3,300,107.19, payment via electronic transfer of funds, forwarded to State of Michigan pursuant to Order on Motion to Withdraw #44 (Financial Administrator, ced)
February 19, 2021 Opinion or Order Filing 44 ORDER granting to the extent set out in this Order #41 motion to withdraw and disburse settlement proceeds from Court Registry Account ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
February 11, 2021 Opinion or Order Filing 43 ORDER regarding response to Motion to Withdraw #41 ; responses due by 2/18/2021; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb)
February 8, 2021 Filing 42 CERTIFICATE regarding compliance with LCivR 7.1(d) re UNOPPOSED MOTION to withdraw Funds from the Court Registry #41 filed by United States of America (Furrie, Kristin)
February 8, 2021 Filing 41 UNOPPOSED MOTION to withdraw Funds from the Court Registry by plaintiff United States of America; (Attachments: #1 Proposed Order to Withdraw Funds from the Court Registry) (Furrie, Kristin)
January 14, 2021 DEPOSIT of registry funds received via wire transfer from NCR Corporation in the amount of $16,980,857.34 per Order #40 ; receipt number CQC MIWCCA21-00035. (mkc) Modified on text 1/15/2021 (mkc).
December 13, 2020 Opinion or Order Filing 40 ORDER authorizing NCR Corporation's Deposit of Funds into Court Registry Account #38 ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb)
December 8, 2020 Filing 39 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to deposit funds into the Court Registry Account #38 filed by United States of America (Furrie, Kristin)
December 8, 2020 Filing 38 MOTION to deposit funds into the Court Registry Account by plaintiff United States of America; (Attachments: #1 Proposed Order) (Furrie, Kristin)
December 2, 2020 Filing 37 CONSENT DECREE with NCR Corporation ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
December 2, 2020 Opinion or Order Filing 36 ORDER granting the United States' Motion #10 and Approves and Adopts the parties' Consent Decree [2-1] ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
August 13, 2020 Filing 35 REPLY to response to motion #10 ("NCR's Reply Memorandum of Law in Support of Entry of the Consent Decree") filed by NCR Corporation (McAtee, Darin)
August 13, 2020 Filing 34 REPLY to response to motion #10 for entry of Consent Decree with NCR filed by United States of America (Attachments: #1 Attachment A (EPA Guidance)) (Furrie, Kristin)
August 13, 2020 Filing 33 AFFIDAVIT in support of Motion for Entry of Judgment #10 by James Saric filed by United States of America (Furrie, Kristin)
July 14, 2020 Filing 32 RESPONSE TO MOTION for entry of judgment to Enter Consent Decree with NCR #10 and to NCR Corp.'s Memorandum of Law in Support of Entry of the Consent Decree filed by Georgia-Pacific Consumer Products LP, Georgia-Pacific LLC (Attachments: #1 Exhibit 1 - Johnson Declaration, #2 Exhibit 2 - Georgia-Pacific Comments, #3 Exhibit 3 - 1997 Policy, #4 Exhibit 4 - 2007 Plainwell TCRA ASAOC, #5 Exhibit 5 - U.S. Proof of Claim, Millennium, #6 Exhibit 6 - Saric Deposition) (Sibley, George)
July 14, 2020 Filing 31 RESPONSE TO MOTION for entry of judgment to Enter Consent Decree with NCR #10 filed by Weyerhaeuser Company (Hupp, Margaret)
July 14, 2020 Filing 30 RESPONSE TO MOTION for entry of judgment to Enter Consent Decree with NCR #10 and to NCR Corporation's Memorandum of Law in Support of Entry of the Consent Decree filed by International Paper Company (Parker, John)
June 29, 2020 Opinion or Order Filing 29 ORDER granting STIPULATION #28 extending briefing schedule ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
June 26, 2020 Filing 28 PROPOSED STIPULATION and ORDER extending briefing schedule by intervenor parties Georgia-Pacific Consumer Products LP, Georgia-Pacific LLC (Smit, Peter) Modified text on 6/26/2020 (ems).
June 6, 2020 Opinion or Order Filing 27 ORDER granting STIPULATION #25 ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb)
June 5, 2020 Filing 26 MEMORANDUM in support of Motion for Entry of Judgment #10 ("NCR's Memorandum of Law in Support of Entry of the Consent Decree and in Opposition to Georgia-Pacific's Public Comments") filed by NCR Corporation (McAtee, Darin)
June 5, 2020 Filing 25 PROPOSED STIPULATION and ORDER for Briefing Schedule by intervenor parties Georgia-Pacific Consumer Products LP, Georgia-Pacific LLC (Smit, Peter)
June 4, 2020 Opinion or Order Filing 24 ORDER granting #21 motion to intervene ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
June 4, 2020 Filing 23 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to intervene #21 filed by Weyerhaeuser Company (Watson, Scott) Modified text on 6/5/2020 (ems).
June 4, 2020 Filing 22 MEMORANDUM in support of Motion to Intervene #21 filed by Weyerhaeuser Company (Watson, Scott)
June 4, 2020 Filing 21 MOTION to intervene by intervenor Weyerhaeuser Company; (Watson, Scott) Modified text on 6/5/2020 (ems).
June 4, 2020 Opinion or Order Filing 20 ORDER granting #17 International Paper Company's motion to intervene ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
June 4, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of David W. Centner on behalf of intervenor International Paper Company (Centner, David)
June 4, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Margaret C. Hupp on behalf of intervenor Weyerhaeuser Company (Hupp, Margaret)
June 4, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Mark William Schneider on behalf of intervenor Weyerhaeuser Company (Schneider, Mark)
June 3, 2020 Filing 19 CERTIFICATE regarding compliance with LCivR 7.1(d) re UNOPPOSED MOTION to intervene #17 filed by International Paper Company (Parker, John) Modified text on 6/4/2020 (ems).
June 3, 2020 Filing 18 MEMORANDUM in support of Motion to Intervene #17 filed by International Paper Company (Parker, John)
June 3, 2020 Filing 17 UNOPPOSED MOTION to intervene by intervenor International Paper Company; (Parker, John) Modified text on 6/4/2020 (ems).
June 1, 2020 Opinion or Order Filing 16 ORDER granting #13 motion to intervene ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)
May 29, 2020 Filing 15 CERTIFICATE regarding compliance with LCivR 7.1(d) re UNOPPOSED MOTION to intervene #13 filed by Georgia-Pacific Consumer Products LP, Georgia-Pacific LLC (Smit, Peter) Modified text on 6/1/2020 (ems).
May 29, 2020 Filing 14 MEMORANDUM in support of Motion to Intervene #13 filed by Georgia-Pacific Consumer Products LP, Georgia-Pacific LLC (Smit, Peter)
May 29, 2020 Filing 13 UNOPPOSED MOTION to intervene by intervenor parties Georgia-Pacific Consumer Products LP, Georgia-Pacific LLC; (Smit, Peter) Modified text on 6/1/2020 (ems).
May 29, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of George P. Sibley on behalf of intervenor parties Georgia-Pacific Consumer Products LP, Georgia-Pacific LLC (Sibley, George)
May 29, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Peter A. Smit on behalf of intervenor parties Georgia-Pacific LLC, Georgia-Pacific Consumer Products LP ; party Georgia-Pacific LLC and Georgia-Pacific Consumer Products LP added (Smit, Peter)
May 27, 2020 Filing 12 RESPONSE TO MOTION for entry of judgment to Enter Consent Decree with NCR #10 (Statement in Support of Entry of the Consent Decree) filed by Michigan, State of (Miller, Megen) Modified text on 5/27/2020 (ems).
May 22, 2020 Filing 11 BRIEF in support of MOTION for entry of judgment to Enter Consent Decree with NCR #10 filed by United States of America (Attachments: #1 Appendix A - Public Comments, #2 Appendix B - Special Account Guidance) (Furrie, Kristin)
May 22, 2020 Filing 10 MOTION for entry of judgment to Enter Consent Decree with NCR by plaintiff United States of America; (Furrie, Kristin)
May 22, 2020 Filing 9 DECLARATION of Lisa Williams in support of Motion to Enter Consent Decree with NCR by plaintiff United States of America (Furrie, Kristin)
May 22, 2020 Filing 8 DECLARATION of James Saric in support of Motion to Enter Consent Decree with NCR by plaintiff United States of America (Furrie, Kristin)
April 9, 2020 Filing 7 JOINT STATUS REPORT submitted for filing by plaintiffs Michigan, State of, United States of America , and NCR Corporation (Furrie, Kristin)
March 12, 2020 Opinion or Order Filing 6 ORDER to submit status report by 4/13/20; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, sdb)
January 28, 2020 Filing 5 NOTICE by plaintiff United States of America (Attachments: #1 Attachment Letter) (Furrie, Kristin)
December 18, 2019 (NON-DOCUMENT) ATTORNEY APPEARANCE of Darin P. McAtee on behalf of defendant NCR Corporation (McAtee, Darin)
December 17, 2019 Filing 4 NOTICE that this case has been assigned Robert J. Jonker (ems)
December 17, 2019 SUMMONS NOT ISSUED as to defendant NCR Corporation (none provided) (ems)
December 16, 2019 Filing 3 Memorandum regarding potentially related case returned to Clerk from Magistrate Judge Kent indicating that this case is related to case 1:11-cv-483 (mkc)
December 12, 2019 (NON-DOCUMENT) ATTORNEY APPEARANCE of Megen Elise Miller on behalf of plaintiff Michigan, State of (Miller, Megen)
December 11, 2019 Filing 2 NOTICE of Lodging of Proposed Consent Decree by plaintiff United States of America (Attachments: #1 Attachment Proposed Consent Decree, #2 Attachment Consent Decree Appendix A, #3 Attachment Consent Decree Appendix B, #4 Attachment Consent Decree Appendix C Part 1, #5 Attachment Consent Decree Appendix C Part 2, #6 Consent Decree Appendix D, #7 Consent Decree Appendix F) (Furrie, Kristin)
December 11, 2019 Filing 1 COMPLAINT against NCR Corporation filed by United States of America, State of Michigan (Furrie, Kristin)

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Defendant: NCR Corporation
Represented By: Darin P. McAtee
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Plaintiff: State of Michigan
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Plaintiff: United States of America
Represented By: Kristin Michelle Furrie
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Plaintiff: Michigan, State of
Represented By: Megen Elise Miller
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Intervenor: Georgia-Pacific LLC
Represented By: George P. Sibley
Represented By: Peter A. Smit
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Intervenor: Georgia-Pacific Consumer Products LP
Represented By: George P. Sibley
Represented By: Peter A. Smit
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Intervenor: International Paper Company
Represented By: John Daniel Parker
Represented By: David W. Centner
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Intervenor: Weyerhaeuser Company
Represented By: Margaret C. Hupp
Represented By: Mark William Schneider
Represented By: Scott Michael Watson
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