Miami-Dade County Courthouse. will be able to access it on trellis. 1 Capitalized terms are defined in the contemporaneously filed Judgment. 73 West Flagler Street, Room 138. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, proposed Final Judgment state, the defendant has agreed to pay civil penalties totaling $250,000 within thirty days of entry of the Final Judgment. against 18 (West 1997). Your subscription has successfully been upgraded. DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT. See Section 55.10, Florida Statutes, for additional information on perfecting a judgment lien on real property. For full print and download access, please subscribe at https://www.trellis.law/. If the form you are looking for is not available on this site, consider searching the Florida Courts or other websites. K. Prior to the sale of Divestiture Assets, Enova shall not transfer any of the Divestiture Assets to any affiliate not regulated as a public utility by the CPUC. Final process to enforce a judgment solely for the payment of money shall be by execution, writ of garnishment, or other appropriate process or proceedings. The United States filed a civil antitrust Complaint on March 9, 1998, alleging that the proposed merger of Pacific Enterprises ("Pacific") and Enova Corporation ("Enova") would violate Section 7 of the Clayton Act, 15 U.S.C.A. How to Structure the Motion. Your content views addon has successfully been added. K. The terms "Auction Procedures" and "California Auction Procedures" mean the auction procedures set forth in a decision addressing Enova's application under section 851 of the California Public Utilities Code to divest the Divestiture Assets. A disposition is considered to be final if there has been a decision upon a cognizable claim for relief, and if it is "an ultimate disposition of an individual claim entered in the course of a multiple claims action." Id at 6-7. 305-275-1155. D. Defendant shall provide and maintain sufficient lines of sources of credit to maintain the Divestiture Assets as viable, ongoing businesses. That explanation is incorporated here by reference. Plaintiff moves for a default judgment based on the following: 1. CASE STYLE (Name of Court) Plaintiff . The United States, the State of Maryland, the State of Florida, and the defendant request that the proposed Final Judgment be entered expeditiously. The United States shall, in its sole discretion, determine whether the documentation proffered by Enova is sufficient. II. 2. Please wait a moment while we load this page. 18 (West 1997). Upon publication of the comments and the Response in the Federal Register on March 13, 1995, the procedures required by the APPA prior to entry of the proposed Final Judgment were completed. "After entry of an arbitration award, a party to the arbitration may move in circuit court for an order confirming the award." (Timmons v. Lake City Golf, LLC (2020) 293 So. in the jurisdiction of Sarasota County. The United States filed Comments on the Proposed Final Judgment and the United States' Response to the Comments on March 2, 1995. I. D. Defendant shall preserve all records of all efforts made to preserve and divest the Divestiture Assets. In making that determination, the Court may consider: (2) the impact of entry of such judgment upon the public generally and individuals alleging specific injury from the violations set forth in the complaint including consideration of the public benefit, if any, to be derived from a determination of the issues at trial. In making that determination, the court may consider: 15 U.S.C. The capacity of the Divestiture Assets shall be included in the calculation of whether the 500 MW cap has been reached, as long as Defendant owns such assets. L. The term "Southern California" means the counties in California currently served by Pacific's gas pipelines. Subject to Section VI(D) of this Final Judgment, the trustee shall have the power and authority to hire at the cost and expense of Defendant any investment bankers, attorneys, or other agents reasonably necessary in the judgment of the trustee to assist in the divestiture, and such professionals and agents shall be accountable solely to the trustee. Courts have the authority to determine the legal owners of a property. The acquisition is thus likely to lessen competition substantially among providers of electricity, and so violate Section 7 of the Clayton Act. 16 (b)-(h) (West 1997), Plaintiff United States moves for entry of the proposed Final Judgment annexed hereto in this civil antitrust proceeding. Chapter 501, Florida Statutes, 501.201 et. Secure .gov websites use HTTPS 16 (b)-(h), are not required in this action. The judge who presided over the trial makes his or her rulings and completes the case with this motion which is always called a final decree or final decision. C. "California Public Power Generation Management Services Contract" means a bona fide contract for managing the operation and sale of output from California Generation Facilities owned by a municipality, an irrigation district, other California state authority, or their agents on January 1, 1998; provided, however, that a contract for managing the operation and sale of output from generation assets of LADWP shall not be deemed a California Public Power Generation Management Services Contract. 16(e) and to enter the Final Judgment. Final judgment is entered for defendant [name] and against plaintiff [name]. United States' Certificate of Compliance with the Provisions of the Antitrust Procedures and Penalties Act ("the Certificate of Compliance"), setting forth the steps taken by the parties to comply with all applicable provisions of the APPA and certifying that the statutory waiting period has expired, has been filed simultaneously with this Motion. The procedures required by the APPA prior to entry of the proposed Final Judgment are completed. Final judgments after default may be entered by the court at any time, but no judgment may be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other representative who has appeared in it or unless the court has made an order under rule 1.210 (b) providing that no F. "Divestiture Assets" means the Encina and South Bay electricity generation facilities owned by Enova at Carlsbad and Chula Vista, California, including, but not limited to, all real property rights necessary to the operation of the facilities; buildings, generation equipment, inventory, fixed assets and fixtures, materials, supplies, on-site warehouses or storage facilities, and other tangible property or improvements used in the operation of the facilities; licenses, permits (including but not limited to environmental permits and all permits from federal or state agencies), and authorizations issued by any governmental organization relating to the facilities, and all work in progress on permits or studies undertaken in order to obtain permits; plans for design or redesign of these electricity generating assets; contracts (including but not limited to customer contracts), agreements, leases, commitments, and understandings pertaining to the facilities and their operations; customer lists, and marketing or consumer surveys relating to these electricity generating assets; contracts for firm capacity and energy of longer than three months relating to these assets; records maintained by Enova necessary to operation of these assets; and all other interests, assets or improvements customarily used in the generation of electricity at these facilities. Next legal terms. Only for the purposes of determining or securing compliance with the Final Judgment and subject to any legally recognized privilege, from time to time: A. Duly authorized representatives of the Plaintiff, including consultants and other persons retained by the United States, upon written request of the Assistant Attorney General in charge of the Antitrust Division, and on reasonable notice to Defendant made to their principal offices, shall be permitted: B. In Florida, a party in most cases has 20 days to answer a lawsuit. The Court reserves jurisdiction over the parties and this action to enforce the terms of this perma nent injunction through . Knutsson, Keith, and On June 24, 2008 a breach of contract case was filed E. "Control" means to have the ability to set the level of output of an electricity generation facility. A partition can be in kind or in money. The approvals by the United States required by this Final Judgment for sale of Divestiture Assets are in addition to the necessary approvals by the CPUC or any other governmental authorities for the sale of such assets. Enova must complete the divestiture as soon as practicable after receipt of all necessary government approvals, in accordance with the procedures specified in the proposed Final Judgment. Enova may structure its requests for bids to require reasonable easements, licenses, and other arrangements for the continued operation of Common Facilities by Enova. Motion for Entry of Consent Final Judgment - Florida Attorney General Official websites use .gov Within thirty calendar days after receipt of the notice or within twenty calendar days after Plaintiff has been provided the additional information requested from Defendant, the proposed purchaser, any third party, and the trustee, if there is one, whichever is later, the United States shall provide written notice to Defendant and the trustee, if there is one, stating whether or not it objects to the proposed divestiture. Within thirty calendar days of the filing of this Final Judgment and every forty-five calendar days thereafter until the divestiture has been completed whether pursuant to Section IV or Section VI of this Final Judgment, Enova shall, with respect to Divestiture Assets, deliver to Plaintiff an affidavit as to the fact and manner of Defendant's compliance with Sections IV or VI of this Final Judgment. I. A motion for default judgment is an official court document filed by a creditor or debt collector (known as the plaintiff to the case), notifying the court that the person being sued (known as the defendant) never responded to the case Summons and Complaint. FL Statute: 12.930 (a) Packets: n/a. Due process requires strict compliance with any agreement that permits the entry of an ex parte judgment. A. Facsimile: (305) 536-4154 . The Rule in Florida for a Clerk's entered default is 1.500 (a), which provides: Integrale Investments Llc, The United States received two comments during this period on the proposed Final Judgment, and has filed with the Court Plaintiff's Response to Public Comments ("Plaintiff's Response"). After a hearing, the trial court denied the motion to set . J. C. Defendant shall use its best efforts to accomplish the divestiture as expeditiously as possible, but in any event within the schedule set forth in Section IV(E) below. Acquisitions above the cap--In any event, the Defendant may acquire or control, California Generation Facilities in excess of 500 MW, subject to the prior approval of the United States as provided in Paragraphs V(A)(1) and V(A)(2). Entry of ex parte orders are very much disfavored in the law. For example, assume that a plaintiff sues a defendant asserting claims for breach of contract, negligence, and assault. Judge Farfante, Darren. The provisions of this Final Judgment apply to Defendant, its successors and assigns, parents, subsidiaries, directors, officers, managers, agents, and employees, and all other persons in active concert or participation with any of them who shall have received actual notice of this Final Judgment by personal service or otherwise. If the trustee does not deem the information to be confidential, the information shall not be made public before Defendant has an opportunity to seek a protective order from the Court. The notice shall set forth the details of the proposed transaction and list the name, address, and telephone number of each person not previously identified who offered to, or expressed an interest in or a desire to, acquire any ownership interest in the assets that are the subject of the binding contract, together with full details of same. Share sensitive information only on official, secure websites. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. The trustee shall have the power and authority to accomplish the divestiture at the best price then obtainable upon a reasonable effort by the trustee, subject to the provisions of Sections VI and VII of this Final Judgment, and shall have such other powers as the Court shall deem appropriate. Each such affidavit shall also include a description of the efforts that Defendant has taken to solicit a buyer for the Divestiture Assets and to provide required information to prospective purchasers, including the limitations, if any, on such information. in the jurisdiction of Hillsborough County. Defendant and the trustee shall furnish any additional information requested within fifteen calendar days of the receipt of the request, unless the parties shall otherwise agree. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Ritsema, 5D18-762 (Fla. 5th DCA January 24, 2020) in which the court entered an amended final judgment ten months after the original final judgment was entered. Each such affidavit shall include, inter alia, the name, address, and telephone number of each person who, at any time after the period covered by the last such report, made an offer to acquire, expressed an interest in acquiring, entered into negotiations to acquire, or was contacted or made an inquiry about acquiring, any interest in the Divestiture Assets, and shall describe in detail each contact with any such person during that period. We have notified your account executive who will contact you shortly. Shortly thereafter, the United States filed a Competitive Impact Statement. Direct Dial: (305) 982-6380 . A judgment is the official decision made by the court at the end of a lawsuit, criminal trial, or other legal proceeding.In certain cases, a party to the proceeding may make a "motion for judgment, requesting that the court make a decision. The Certificate of Compliance filed by the United States with this Court simultaneously with this motion demonstrates that the requirements of the APPA have been met. The payments to be made by the Settling Defendants under this A summary judgment disposes of the entire case. Motion for Entry of Default Final Judgment Case (s): U.S. v. Scuba Retailers Association Date: Wednesday, April 17, 1996 Document Type: Motions and Memoranda - Miscellaneous This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). Jurisdiction is retained by this Court for the purpose of enabling any of the parties to this Final Judgment to apply to this Court at any time for such further orders and directions as may be necessary or appropriate for the construction or carrying out of this Final Judgment, for the modification of any of the provisions hereof, for the enforcement of compliance herewith, and for the punishment of any violations hereof. ASSENTED-TO MOTION FOR ENTRY OF JUDGMENT Plaintiff Commonwealth of Massachusetts moves for entry of the Judgment . In the event that Defendant's total retail electricity sales at any point exceed 8,000 MW capacity, the total capacity ownership limit in Section V(B)(1) of this Final Judgment will be increased up to 10% of such retail electricity sales. For the first three reasons, a motion must be made within one year of the judgment being entered. application or motion for additional relief within the jurisdiction of this Court, and will The forms provide a certificate of The Clerk has entered a default on February 5, 2014, against Defendant Angela Marino. 15 U.S.C.A. Within fifteen calendar days of receipt by Plaintiff of such notice, Plaintiff may request from Defendant, the proposed purchaser, any other third party, or the trustee, if applicable, additional information concerning the proposed divestiture and the proposed purchaser. Enova may reject any bid submitted by any party for all or part of the Divestiture Assets if the bid offers consideration in an amount less than the book value of such assets as reflected on the most recent regularly prepared balance sheet of Enova at the time the bid is submitted; provided, however, that nothing in this section shall prevent the CPUC from setting a minimum bid price or rejecting any bid on the basis of price or otherwise. Motion for Determination of Amount of Reasonable Attorney's fees and taxable costs, and this Court having considered argument of counsel for the parties, regarding inter alia, services performed, time and expertise required, the nature of the suit, the amount in controversy, and the results obtained, and having examined time records of Evident partiality by an arbitrator appointed as a neutral arbitrator; 2. C. After the appointment of the trustee becomes effective, the trustee shall have the right to sell the Divestiture Assets. For Divestiture Assets being sold using the California Auction Procedures, during such Auction Procedures, submission of bids to the United States in compliance with Section IV shall satisfy compliance with the required contents of the affidavits in Section VIII(A). . Question: Did the trial court abuse its discretion when the senior judge by clicking the Inbox on the top right hand corner. Such reports shall include the name, address and telephone number of each person who, during the preceding month, made an offer to acquire, expressed an interest in acquiring, entered into negotiations to acquire, or was contacted or made an inquiry about acquiring, any interest in the Divestiture Assets, and shall describe in detail each contact with any such person during that period. After entry of the original final judgment in a paternity case, the mother filed a motion to set aside the final judgment. These motions are based on the trial court's "'inherent authority to reconsider and, if deemed appropriate, alter or retract any of its nonfinal . On May 17, 2007, Appellee filed a Motion for Entry of Default Final Judgment seeking Judgment against Appellants on May 23, 2007, granting judgment in favor of Appellee in the Procedure Form 1.977 within forty-five days from date of the Final Judgment, unless it is satisfied or post-judgment discovery is stayed. Kiley, Timothy, The procedures of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. H. Defendant shall continue all efforts in progress to obtain or maintain all permits necessary for operating their electricity generating capacity. Before Enova can accept a bid by a potential purchaser received under the Auction Procedures with respect to any of the Divestiture Assets to be divested, the bid must be screened by the United States as specified in this section. Motion for Final Judgement. ; GEORGIA - Fair Business Practices Act, O.C.G.A. A general principle is that a motion for attorneys' fees must be filed in the trial court within a reasonable time after final judgment. A. B. There has been no showing that the proposed settlement constitutes an abuse of the Department's discretion or that it is not within the zone of settlements consistent with the public interest. A .gov website belongs to an official government organization in the United States. C. No information or documents obtained by the means provided in Section VIII or Section XI of this Final Judgment shall be divulged by a representative of the Plaintiff to any person other than a duly authorized representative of the Executive Branch of the United States, except in the course of legal proceedings to which the Plaintiff is a party, including grand jury proceedings, or for the purpose of securing compliance with this Final Judgment, or as otherwise required by law. These instructions apply only to state court. "California Generation Facilities" means (1) electricity generation facilities in California in existence on January 1, 1998, excluding such facilities that are rebuilt, repowered, or activated out of dormancy after January 1, 1998, as long as such rebuild, repower, or activation out of dormancy project, if done by Defendant, begins within one year of purchase; and (2) any contract for operation and sale of output from generating assets of the Los Angeles Department of Water and Power ("LADWP"). Defendant shall permit prospective purchasers of the Divestiture Assets to have access to personnel and to make such inspection of physical facilities and any and all financial, operational or other documents and information as may be relevant to the divestiture required by this Final Judgment. In deciding a Rule 54 (b) motion, a court must first find that there has been a final judgment. Subject to a customary confidentiality agreement, the trustee and any consultants, accountants, attorneys, and other persons retained by the trustee shall have full and complete access to the personnel, books, records, and facilities related to the Divestiture Assets, and Defendant shall develop such financial or other information relevant to the Divestiture Assets to be divested customarily provided in a due diligence process as the trustee may reasonably request. You must email this COMPLETED checklist with all documents required herein _____ Petition: (Including U.C.C.J.A. By the same token, in a judgment is not final simply because it is titled Final Judgment. D. Methods of Obtaining Prior Approvals and of Providing Notice--Defendant shall obtain prior approval and provide notice by sending the required materials to Chief, Transportation, Energy, and Agriculture Section, Antitrust Division, United States Department of Justice, 325 Seventh Street, N.W., Suite 500, Washington, DC 20004. In a judicial partition, the property of co-owners is partitioned by the courts based on the evidence produced by the parties. PLAINTIFF'S MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C.A. Secure .gov websites use HTTPS This Final Judgment will expire on the tenth anniversary of the date of its entry unless the Final Judgment is terminated pursuant to Section XIII(B); provided, however, the Final Judgment will terminate when the United States notifies Enova and the Court that Enova has provided to the United States documentation sufficient to prove (1) that the merger between Enova and Pacific identified in the Complaint has been terminated; or (2) that an Independent System Operator has assumed control of Pacific's gas pipelines within California in a manner satisfactory to the United States. 12-034123 (07) . A sample motion for clerk's default that a plaintiff may use in a Florida circuit court civil action to obtain the entry of a clerk's default against a defendant that failed to timely respond to the complaint and failed to file or serve any document in the action. The APPA requires a sixty-day period for the submission of public comments on the proposed Final Judgment, 15 U.S.C. Track Judges New Case, Fawcett Memorial Hospital (Alias) ____________________________ United States District Judge. The APPA requires Cogeneration facilities--Defendant may own, operate, or control any cogeneration or renewable generation facilities in California. P. 54 filed within 14 days of entry of judgment if a district court extends the time for appeal under Rule 58; WHEREFORE Plaintiff requests this Court grant its motion, taxing costs against the Defendant, and enter a Final Judgment on Garnishment ordering Garnishee to pay to the Plaintiff all sums withheld up to the These efforts shall include, but are not limited to, making the necessary regulatory filings and applications in a timely fashion and using its reasonable best efforts to obtain such approvals as expeditiously and timely as possible. Enova shall provide to the United States copies of all bids and any other documents submitted by any potential purchaser pursuant to the Auction Procedures. G. The terms "Enova" and "Defendant" mean Enova Corporation, a California corporation headquartered in San Diego, California, and includes its successors and assigns, and its parents, subsidiaries, directors, officers, managers, agents, and employees acting for or on behalf of any of them. D presiding. This is one lesson of Fricker v. Peters & Calhoun Co., 21 Fla. 254 (1885). H. Defendant, shall, at minimum, permit prospective purchasers of the Divestiture Assets to have reasonable access to personnel and to make such inspection of the Divestiture Assets, and any and all financial, operational, or other documents and information customarily provided as part of a due diligence process. Entry of this Final Judgment is in the public interest. It is now appropriate for the Court to make the public interest determination required by 15 U.S.C. Perkins, No. The trustee shall maintain full records of all efforts made to divest these operations. (202) 307-6316 (202) 616-2441(Fax), UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA. Sections 10-1-390 et . Your content views addon has successfully been added. In this case, the comment period terminated on August 17, 1998. You will lose the information in your envelope. when new changes related to " are available. Pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C.A. You can always see your envelopes Defendant shall inform any person making an inquiry regarding a possible purchase that the sale is being made pursuant to this Final Judgment and provide such person with a copy of this Final Judgment. A defendant's failure to file defenses by a motion or by a sworn or verified answer or to appear at the hearing duly scheduled on the order to show cause presumptively constitutes conduct that clearly shows that the defendant has relinquished the right to be heard. R. Civ. These challenges are known to attorneys as Collateral jurisdictional attacks. 9 A corollary to this general principle is that a motion for fees should be filed soon after judgment, even where an appeal is taken. What Is a Motion for Judgment Notwithstanding the Verdict. 3d 596, 598 citing 682.15, Fla. Stat. A .gov website belongs to an official government organization in the United States. Such prior approval shall be within the sole discretion of the United States. Defendant is enjoined from entering into any contracts that allow Defendant to control any California Generation Facilities without prior notice to and approval of the United States. This second step in the process constitutes a final judgment . Your recipients will receive an email with this envelope shortly and D The Florida Rules of Civil Procedure do not authorize rehearing of non-final orders, and so filing . Dana J. Watts, Attorney for Plai Florida Bar Number: 02921741 1620 Main Street Suite One . _________________________________________ Plaintiff Certificate of Service. B. In its Competitive Impact Statement and its response to public comments previously filed with the Court, the United States has explained the meaning and proper application of the public interest standard under the APPA, and incorporates those statements here by reference. Purchasers whose bids are accepted by the United States under Section IV(D)(3) will be deemed acceptable. D. 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Appa '' ), are not required in this action organization in the United States shall, in sole! 2 ( b ) - ( h ), 15 U.S.C.A to the Comments on the following 1. ' Response to the.gov website belongs to an official government organization in the United DISTRICT! Enter the Final judgment, 15 U.S.C.A we load this page required by 15 U.S.C partitioned! Or control any Cogeneration or renewable generation facilities in California full print download... Enova is sufficient their electricity generating capacity the Comments on March 2, 1995 a Final judgment on property! Full print and download access, please subscribe at https: // youve... A judicial partition, the United States share sensitive information only on official, secure websites GEORGIA - Fair Practices! Watts, Attorney for Plai Florida Bar Number: 02921741 1620 Main Street Suite one real property government! One lesson of Fricker v. Peters & amp ; Calhoun Co., 21 Fla. 254 1885...
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