motion for entry of final judgment florida
The United States does not believe that the procedures of the Antitrust Procedures and Penalties Act ('CAPPA''), 1 5 U.S .C. In the event that Defendant divests all of its existing nuclear generation assets, the total ownership capacity limit in Section V(B)(1) of this Final Judgment will increase to 800 MW; however, in no event shall the total ownership capacity limit in Section V(B)(1) exceed the greater of 500 MW or 10% of Defendant's total electricity retail sales. 147, 149 (2005). IN AND FOR BROWARD COUNTY FLORIDA PHILIP J. 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. An official website of the United States government. 15 U.S.C.A. 16 (b)-(h) (West 1997), Plaintiff United States moves for entry of the proposed Final Judgment annexed hereto in this civil antitrust proceeding. If the trustee is responsible, it shall similarly notify Defendant. Default Judgment. 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. 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. For the reasons set forth in this Motion, in the Competitive Impact Statement and in the Comments on the proposed Final Judgment and the United States' Response to the Comments, the Court should find that the proposed Final Judgment is in the public interest and should enter the proposed Final Judgment without further hearings. You can always see your envelopes We will email you The proposed Final Judgment, filed at the same time as the Complaint, orders Enova to sell all of its rights, titles, and interests in Encina and South Bay electricity generation facilities located at Carlsbad and Chula Vista, California (the "Divestiture Assets"), to a purchaser or purchasers acceptable to the United States in its sole discretion. For a defendant, a final summary judgment should have language that reads something like the following: "The motion for summary judgment is granted. Enova shall submit applications for authorization and approval of the auctions specified in Paragraph IV(B) above for the Divestiture Assets no later than ninety days after notice of entry of this Final Judgment. 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. J. 16(e) and to enter the Final Judgment. 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. E. Defendant shall provide and maintain sufficient working capital to maintain the Divestiture Assets as viable ongoing businesses. The California Auction Procedures shall be deemed to satisfy this requirement. B. 3d 596, 598 citing 682.15, Fla. Stat. Defendant . 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. Outside California--Defendant may own, operate, control, or acquire any electricity generation facilities other than California Generation Facilities. Share sensitive information only on official, secure websites. IN THE COUNTY COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA Case No. The Stipulation provides that the proposed Final Judgment may be entered by the Court after the completion of the procedures required by the APPA. A .gov website belongs to an official government organization in the United States. The court reserves jurisdiction to consider a timely motion to tax costs and attorney's fees." Lawsuit Forms Summons Complaint Answer a Lawsuit Motion to Dismiss Admissions Interrogatories Production Motion to Compel Entry of Default 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. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. 16 (b)-(h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. 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. If the form you are looking for is not available on this site, consider searching the Florida Courts or other websites. 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). 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. The United States shall take all appropriate and necessary steps to keep the information received pursuant to this section confidential. 18 (West 1997). Failure to respond opens the door for a default judgment, because the court interprets . D presiding. I. A partition can be in kind or in money. Your subscription has successfully been upgraded. An official website of the United States government. The APPA requires Judgment or Decree. If the United States provides written notice to Defendant and the trustee that it does not object, then the divestiture may be consummated, subject only to Defendant's limited right to object to the sale under Section VI(C) of this Final Judgment. At the time of such approval, the settlement between the parties is final. B. 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"). We will email you Chapter 501, Florida Statutes, 501.201 et. 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. FL Statute: 12.930 (a) Packets: n/a. Counsel need only file a motion for entry of final judgment after default and set the motion for hearing. This second step in the process constitutes a final judgment . 18 (West 1997). The party who won can ask for an award of costs and sometimes attorney fees from the other party, unless those were already . enter it as a final Judgment. The Complaint states a claim upon which relief may be granted against Defendant under Section 7 of the Clayton Act, as amended. In the event that Defendant has not divested all of the Divestiture Assets within the time specified in Section IV of this Final Judgment, the Court shall appoint, on application of the United States, a trustee selected by the United States to effect the divestiture of the assets. Instructions for Florida Supreme Court Approved Family Law Forms 12.922(a), Motion for Default, and 12.922(b), Default (11/15) review Florida Rule of Judicial Administration 2.516. (a) A judgment lien is acquired by filing a judgment lien certificate in accordance with s. 55.203 with the Department of State after the judgment has become final and if the time to move for rehearing has lapsed, no motion for rehearing is pending, and no stay of the judgment or its enforcement is then in effect. 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. Miami, Florida 33130. 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. D. Defendant shall provide and maintain sufficient lines of sources of credit to maintain the Divestiture Assets as viable, ongoing businesses. Your recipients will receive an email with this envelope shortly and Your credits were successfully purchased. try clicking the minimize button instead. 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. The Court shall thereafter enter such orders as it shall deem appropriate to accomplish the purposes of this Final Judgment, which shall, if necessary, include extending the term of the trustee's appointment by a period requested by the United States. Review the text and proceed, if correct. The Final Judgment may be entered at this time without further hearing if the Court determines that entry is in the public interest. Official websites use .gov Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. Entry of the proposed Final Judgment would terminate this action, except that the Court would retain jurisdiction to construe, modify, or enforce the provisions of the proposed Final Judgment and to punish violations of it. Attach the pdf of the Motion for Default Judgment. Kiley, Timothy, CASE STYLE (Name of Court) Plaintiff . F. After the appointment of the trustee becomes effective, the trustee shall file monthly reports with Defendant, the United States, and the Court, setting forth the trustee's efforts to accomplish divestiture of the Divestiture Assets as contemplated under this Final Judgment; provided, however, that to the extent such reports contain information that the trustee deems confidential, such reports shall not be filed in the public docket of the Court. The United States is authorized by counsel for the State of Maryland, the State of Florida and the defendant to state that the State of Maryland, the State of Florida and the defendant join in this motion. Next, if plaintiff sought liquidated damages in the complaint, the procedural vehicle for an entry of final judgment is straightforward. Your subscription was successfully upgraded. The United States shall, in its sole discretion, determine whether the documentation proffered by Enova is sufficient. At or anytime after the appointment of the trustee, if either party believes a conflict may exist between this Final Judgment and an order of the CPUC relating to the Divestiture Assets, that party may move the Court for a resolution of the conflict in light of the status of any relevant CPUC proceeding and the purpose of this Final Judgment. L. The term "Southern California" means the counties in California currently served by Pacific's gas pipelines. 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. B. 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. "The court must then 'issue a confirming order unless the award is modified or . Defendant, DEFENDANT (hereinafter "Defendant"), pursuant to Florida Small Claims. 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. I. 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. CONCLUSION Based on the foregoing analysis, the Plaintiff's Motion for Final Summary Judgment should be granted. The only public comments filed, by Eastern Trans-Waste of Maryland, Inc. and Coastal Carting Limited, Inc., indeed recognized the value of the proposed Final Judgment in protecting competition, and were directed to relatively minor issues concerning the implementation of the Proposed Final Judgment. Defendant shall also offer to furnish to all bona fide prospective purchasers, subject to customary confidentiality assurances, all information regarding the Divestiture Assets customarily provided in a due diligence process except such information subject to attorney-client privilege or attorney work-product privilege. Defendant has informed Plaintiff that Defendant consents to the entry of the Final Judgment in this matter. 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. 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. Until final judgment is entered, Rule 54(b) allows revision of the default judgment at . 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. Acquisition cap--Defendant may acquire or control California Generation Facilities without prior approval of the United States if Defendant does not own or control, in the aggregate, more than 500 MW of capacity of California Generation Facilities. Evident partiality by an arbitrator appointed as a neutral arbitrator; 2. 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. I. In making that determination, the court may consider: 15 U.S.C. (b) Property Recovery. against In this case, the sixty-day comment period commenced on December 15, 1994, and terminated on February 13, 1995. The United States shall take all necessary steps to keep the information received pursuant to this section confidential. Official websites use .gov F. Interlocutory. "Final Approval" means the date on which this Settlement Agreement and the form of State Escrow Agreement are approved by the Court. 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. Track Judges New Case, Integrale Investments Llc "Portland General Electric Contract" means the contracts, dated November 15, 1985, for 75 MW of firm capacity and associated transmission. Washington, DC 20036, Final Judgments + Proposed Final Judgments, This document is available in two formats: this web page (for browsing content) and. Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember. 2 . SETTLEMENT PAYMENTS A. 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. 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. this occurs, entry of default and default judgment typically are performed at the same time. 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. Due process requires strict compliance with any agreement that permits the entry of an ex parte judgment. Helmich v. Wells Fargo Bank, N.A., 136 So.3d 763, 765 (Fla. 1 st DCA 2014). Your content views addon has successfully been added. 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. The purpose of a summary judgment is to avoid . 8:2010cv00922 - Document 10 (M.D. Before entering the proposed Final Judgment, the Court is to determine that the Judgment "is in the public interest." 2. The acquisition is thus likely to lessen competition substantially among providers of electricity, and so violate Section 7 of the Clayton Act. Defendant shall not object to a sale by the trustee on any grounds other than the trustee's malfeasance. 16(e) (emphasis added). proposed Final Judgment state, the defendant has agreed to pay civil penalties totaling $250,000 within thirty days of entry of the Final Judgment. B. Upon the written request of the Assistant Attorney General in charge of the Antitrust Division made to Defendant's principal offices, Defendant shall submit such written reports, under oath if requested, with respect to any matter contained in the Final Judgment. We are currently collect data for this state. FORM 1.998. A general principle is that a motion for attorneys' fees must be filed in the trial court within a reasonable time after final judgment. The Motion for Default would contain a heading entitled "Plaintiff's Motion for Clerk to Enter Default" and would detail that the she filed suit against the defending party, that they failed to respond to the complaint, that it has been over twenty days since the complaint was filed. The APPA requires that any proposal for a (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. In a judicial partition, the property of co-owners is partitioned by the courts based on the evidence produced by the parties. 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). The United States filed Comments on the Proposed Final Judgment and the United States' Response to the Comments on March 2, 1995. STATE OF MARYLAND by and through its Attorney General J. Joseph Curran, Jr.. Pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. Any such objections by Defendant must be conveyed in writing to Plaintiff and the trustee no later than ten calendar days after the trustee has provided the notice required under Section VII of this Final Judgment. 16. Direct Dial: (305) 982-6380 . Entry of this Final Judgment is in the public interest. FINAL DISPOSITION FORM This form shall be filed by the prevailing party for the use of the Clerk of Court for the purpose of reporting judicial workload data pursuant to Florida Statute 25.075. Lloyd Md, Beth, C. After the appointment of the trustee becomes effective, the trustee shall have the right to sell the Divestiture Assets. 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. 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. 4. Plaintiff's counsel to remove the Final Judgment from the official records, Plaintiff's Filing # 23812579 E-Filed 02/16/2015 04:01:58 PM. B. 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. D Such prior approval shall be within the sole discretion of the United States. 12-034123 (07) . will be able to access it on trellis. COMES NOW, the DefendantiCounterclaimant, LARRY GILES (hereinafter, "GILES"), by and through the undersigned attorney, pursuant to Florida Rule of Civil Procedure 1.500(e), and respectfully request this Court enter final judgment of default against the Plaintiff/Counter- This is one lesson of Fricker v. Peters & Calhoun Co., 21 Fla. 254 (1885). We are currently collect data for this state. 16 (b)- (h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. After approval by the Court of the trustee's accounting, including fees for its services and those of any professionals and agents retained by the trustee, all remaining money shall be paid to Enova and the trust shall then be terminated. 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. For the reasons set forth in this Motion, in the CIS, and Plaintiff's Response, the Court should find that the proposed Final Judgment is in the public interest and should enter the proposed Final Judgment without further hearings. A. P. 52(b) filed within 28 days of entry of judgment; Motions to alter or amend the judgment or to grant a new trial under Fed. Your alert tracking was successfully added. 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. Sections 10-1-390 et . Frequently, during the litigation process, one or both of the parties involved will attempt to use a procedural device known as the motion for summary judgment to dismiss certain issues from the case. 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. First, according to Florida Rule of Civil Procedure 1.500 (a), a default can be entered by the clerk against a party "When a party against whom affirmative relief is sought has failed to file or serve any paper in the action, the party seeking relief may have the clerk enter a default against the party failing to serve or file such paper.". Award motion for entry of final judgment florida modified or is to determine that the Judgment `` is in the public interest. States!, unless those were already, operate, control, or acquire any electricity generation facilities parte.. Court documents, court records Remember 12.930 ( a ) Packets: n/a 765 Fla.. Consents to the.gov website belongs to an official government organization in the public interest. can. `` is in the COUNTY court of the EIGHTH JUDICIAL CIRCUIT in and for ALACHUA COUNTY, Florida Case.! 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motion for entry of final judgment florida