An official website of the United States government. F. In accomplishing the divestiture ordered by this Final Judgment, Defendant promptly shall make known, by usual and customary means, the availability of the Divestiture Assets. Defendant shall use all reasonable efforts to maintain and increase sales of electricity by the Divestiture Assets, and Defendant shall use reasonable efforts to maintain and increase promotional, advertising, sales, marketing, and merchandising support for wholesale electricity sold in California. F. Defendant shall not, except as part of a divestiture approved by the United States, remove, sell, or transfer any of the Divestiture Assets, other than sales in the ordinary course of business. by clicking the Inbox on the top right hand corner. Question: Did the trial court abuse its discretion when the senior judge 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. 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. If the Landlord is seeking a Default Final judgment - Damages (Residential Eviction), a copy of the motion and affidavit must be served on the Defendant. It's a way for one party to request that the court rule on a particular issue in a case. An official website of the United States government. For a defendant, a final summary judgment should have language that reads something like the following: "The motion for summary judgment is granted. enter it as a 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. Final judgment is entered for defendant [name] and against plaintiff [name]. FL Statute: 12.930 (a) Packets: n/a. ; GEORGIA - Fair Business Practices Act, O.C.G.A. The Competitive Impact Statement ("CIS") filed in this matter on June 8, 1998, explains why entry of the proposed Final Judgment would be in the public interest. Defendant shall deliver to Plaintiff an affidavit describing any changes to the efforts and actions outlined in Defendant's earlier affidavits filed pursuant to this section within thirty calendar days after the change is implemented. The court reserves jurisdiction to consider a timely motion to tax costs and attorney's fees." 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. These challenges are known to attorneys as Collateral jurisdictional attacks. Before entering the proposed Final Judgment, the Court is to determine that the Judgment "is in the public interest." 16 (b)- (h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. Miami-Dade County Courthouse. C. Defendant shall take all steps necessary to ensure that the Divestiture Assets are fully maintained in operable condition and shall maintain and adhere to normal maintenance schedules for the Divestiture Assets. (1) Upon motion of a party to an arbitration proceeding, the court shall vacate an arbitration award if: (a) The award was procured by corruption, fraud, or other undue means; (b) There was: 1. 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. For additional information you may refer to the Florida Statutes, Chapter 55, specifically 55.501 through 55.509, the "Florida Enforcement of Foreign Judgments Act." 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. If at the time information or documents are furnished by Defendant to Plaintiff, Defendant represents and identifies in writing the material in any such information or documents to which a claim of protection may be asserted under Rule 26(c)(7) of the Federal Rules of Civil Procedure, and Defendant marks each pertinent page of such material, "Subject to claim of protection under Rule 26(c)(7) of the Federal Rules of Civil Procedure," then ten calendar days notice shall be given by Plaintiff to Defendant prior to divulging such material in any legal proceeding, other than a grand jury proceeding. Cogeneration facilities--Defendant may own, operate, or control any cogeneration or renewable generation facilities in California. Defendant is entitled to entry of a court order enforcing the Settlement Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember. D. The trustee shall serve at the cost and expense of Defendant, on such terms and conditions as the Court may prescribe, and shall account for all monies derived from the sale of the assets sold by the trustee and all costs and expenses so incurred. 16(b). The defendant then has a specified time period to refute the judgment, pay on the judgment, or risk contempt of court. _________________________________________ Plaintiff Certificate of Service. Chapter 501, Florida Statutes, 501.201 et. These motions are based on the trial court's "'inherent authority to reconsider and, if deemed appropriate, alter or retract any of its nonfinal . 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. Plaintiff has incurred costs as result of this garnishment. After five years from the date it is entered, this Final Judgment shall terminate if Defendant demonstrates to the Court that (1) it no longer owns any of its existing nuclear assets, or (2) such assets are no longer in operation, or (3) the output of those nuclear assets is required by law or regulation to be sold at a fixed price. Defendant shall take no action that would jeopardize its ability to divest the Divestiture Assets as viable, ongoing businesses. Defendant shall make available such information to Plaintiff at the same time that such information is made available to any other person. against A .gov website belongs to an official government organization in the United States. During this period, the United States received comments from two companies, Eastern Trans-Waste of Maryland, Inc. and Coastal Carting Limited, Inc., on the proposed Final Judgment. 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. ASSENTED-TO MOTION FOR ENTRY OF JUDGMENT Plaintiff Commonwealth of Massachusetts moves for entry of the Judgment . The procedures required by the APPA prior to entry of the proposed Final Judgment are completed. See Section 55.10, Florida Statutes, for additional information on perfecting a judgment lien on real property. 147, 149 (2005). 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). Your alert tracking was successfully added. 18 (West 1997). 18a (West 1997) ("HSR Act"), for each California Public Power Generation Management Services Contract it enters for which notice is required, Defendant shall provide notice thereof to the United States as follows: Notification shall be provided within five days of acceptance of the contract, and shall include copies of all contracts, the names of the principal representatives of the parties to the agreement who negotiated the agreement, and any management or strategic plans discussing the California Public Power Generation Management Services Contract that was the subject of the transaction. Secure .gov websites use HTTPS Direct Dial: (305) 982-6380 . This form also tells you about your rights and lists the date the form was mailed to you. The United States shall, in its sole discretion, determine whether the documentation proffered by Enova is sufficient. B. 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. These instructions apply only to state court. 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. R. Civ. Adding your team is easy in the "Manage Company Users" tab. The United States shall base its review of all potential bids screened pursuant to this paragraph solely on the criteria identified in Section IV(I) of this Final Judgment. We have notified your account executive who will contact you shortly. L. The term "Southern California" means the counties in California currently served by Pacific's gas pipelines. If the form you are looking for is not available on this site, consider searching the Florida Courts or other websites. Judge WALKER, STEPHEN presiding. proposed Final Judgment state, the defendant has agreed to pay civil penalties totaling $250,000 within thirty days of entry of the Final Judgment. Adding your team is easy in the "Manage Company Users" tab. Upon objection by Defendant under the proviso in Section VI(C), a divestiture proposed under Section VI shall not be consummated. There has been no showing that the proposed settlement constitutes an abuse of the Justice Department's discretion or that it is not within the zone of settlements consistent with the public interest. and proposed Final Judgment indicate, Defendant Gates has agreed to pay civil penalties totaling $800,000 within 30 days of entry of the Final Judgment. 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. The Final Judgment may be entered at this time without further hearing, if the court determines that entry is in the public interest. We are currently collect data for this state. MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. A. Absent written notice that the United States does not object to the proposed purchaser or upon objection by the United States, a divestiture proposed under Section IV or Section VI shall not be consummated. At the time of such approval, the settlement between the parties is final. 16(e) and to enter the Final Judgment. The acquisition is thus likely to lessen competition substantially among providers of electricity, and so violate Section 7 of the Clayton Act. It is now appropriate for the Court to make the public interest determination required by 15 U.S.C. 3d 596, 598 citing 682.15, Fla. Stat. A motion for summary judgment under Florida law is a document that's ultimately used to bring a case to a close or move it forward within the legal system. A general principle is that a motion for attorneys' fees must be filed in the trial court within a reasonable time after final judgment. In deciding a Rule 54 (b) motion, a court must first find that there has been a final judgment. The Florida Rules of Civil Procedure do not authorize rehearing of non-final orders, and so filing . 15 U.S.C.A. "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"). Default Judgment. The Complaint alleges that Pacific is a California gas utility company and Enova is a California electric utility company, and that this transaction would give the combined company ("PE/Enova") both the incentive and the ability to lessen competition in the market for electricity in California. 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. C. After the appointment of the trustee becomes effective, the trustee shall have the right to sell the Divestiture Assets. Form 1.988 Judgment After Default SAVE TO PDFPRINT (a) General Form. The plaintiff must typically take one more step and ask for a final judgment against you after default is entered. Motion for Final Judgement. Next legal terms. when new changes related to " are available. Your content views addon has successfully been added. 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. On June 24, 2008 a breach of contract case was filed 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. We will email you 16. Defendant shall make known to any person making an inquiry regarding a possible purchase of the Divestiture Assets that the assets defined in Section II(F) are being offered for sale. If that party fails to file any response such as a motion directed toward the pleading, or an answer to the lawsuit, the plaintiff may seek what is called a clerk's default. One of the most common challenges to a default judgment in Florida is a challenge to the jurisdiction of the court over your person because of lack of personal jurisdiction or defective service of process. A default judgment that does not dispose of all of the claims among all parties is not a final judgment unless the court directs entry of final judgment under Rule 54(b). 16(b). The APPA requires that any proposal for a will be able to access it on trellis. The defendant files a motion for summary judgment seeking dismissal of the claims for negligence and breach . Miami, Florida 33131 . B. A summary judgment disposes of the entire case. I hereby certify that I have caused a copy of the foregoing Plaintiff's Motion for Entry of Final Judgment to be served on counsel for Defendant and for Southern California Edison Company in this matter in the manner set forth below: J.A. The motion must have certain supporting documents: (i) plaintiff's affidavit detailing the complaint's factual allegation (including the calculation . The Certificate of Compliance filed by the United States with this Court simultaneously with this Motion demonstrates that all the requirements of the APPA have been met. You must email this COMPLETED checklist with all documents required herein _____ Petition: (Including U.C.C.J.A. In making that determination, the court may consider: 15 U.S.C. Notice of Social Security Number (Only 1 Notice of Social Security Number form is required UNLESS you are filing "Uncontested" divorce paperwork. 305-275-1155. You have only 30 days from this date to file a motion to vacate the judgment or appeal the judge's decision. H. The terms "Independent System Operator" or "ISO" mean an entity that operates the intrastate gas transmission pipelines and related facilities of Pacific Enterprises. We noticed that you're using an AdBlocker, MOTION FOR ENTRY OF FINAL JUDGMENT - (JOINT MOTION). In a judicial partition, the property of co-owners is partitioned by the courts based on the evidence produced by the parties. Until the divestiture required by the Final Judgment has been accomplished: A. Your credits were successfully purchased. 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. At the same time, the United States, Maryland, and Florida filed a proposed Final Judgment, a Stipulation signed by the parties stipulating to entry of the Final Judgment, and a Hold Separate Stipulation and Order. Please wait a moment while we load this page. Therefore, the United States respectfully requests that the proposed Final Judgment annexed hereto be entered as soon as possible. The party who won can ask for an award of costs and sometimes attorney fees from the other party, unless those were already . 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. Provided, however, a proposed divestiture pursuant to the Auction Procedures approved by the United States under Section IV(D)(3) of this Final Judgment shall be deemed acceptable to the United States under this section. The Portland General Electric Contract capacity (75 MW) shall be included in the calculation of whether the 500 MW cap has been reached (reducing the total available to 425 MW), unless and until the Portland General Electric Contract terminates or is divested. Miami, Florida 33130. Defendant shall pay post judgment interest on any delinquent amounts . Record your final money judgment with the Secretary of State after the time to move for rehearing has lapsed, if no motion for rehearing is pending, and if no stay of the judgment or its enforcement is in effect. 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. You will lose the information in your envelope, FAWCETT MEMORIAL HOSPITAL et al vs LLOYD MD, BETH. allegations / or separate affidavit if Children) _____ Restoration of former name pled? A. 16 (b)- (h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. The Court will retain jurisdiction to construe, modify or enforce the Final Judgment. The public, including affected competitors and customers, has had opportunity to comment on the proposed Final Judgment as required by law, and no one has contended that entry of the proposed Final Judgment would as a whole be contrary to the public interest. Kiley, Timothy, This is where doing nothing to defend yourself can hurt you. "Portland General Electric Contract" means the contracts, dated November 15, 1985, for 75 MW of firm capacity and associated transmission. Your subscription has successfully been upgraded. seq. Plaintiff moves for a default judgment based on the following: 1. Your recipients will receive an email with this envelope shortly and 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. Hoffman, Matthew P, MOTION FOR ENTRY OF FINAL JUDGMENT - (JOINT MOTION) February 13, 2017. MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. Your content views addon has successfully been added. E. Defendant shall provide and maintain sufficient working capital to maintain the Divestiture Assets as viable ongoing businesses. For one party to request that the court will retain jurisdiction to construe, or. ( Including U.C.C.J.A, 598 citing 682.15, Fla. 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