This form also tells you about your rights and lists the date the form was mailed to you. Dana J. Watts, Attorney for Plai Florida Bar Number: 02921741 1620 Main Street Suite One . Plaintiff requests the court review this complaint and grant this motion for order to show cause for entry of final judgment of foreclosure, and grant such further relief as may be awarded at law or in equity. 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." 15 U.S.C.A. Motion for Final Judgement. 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). The trustee shall at the same time furnish such reports to Defendant and the United States, who shall each have the right to be heard and to make additional recommendations. Judge WALKER, STEPHEN presiding. 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. Lloyd Md, Beth, Gerdes, Charles W., Fla. 2010) Court Description: FINAL JUDGMENT and ORDER granting Plaintiff's Motion for Entry of Default Judgment 9 and Permanent Injunction Against Defendant David Perkins. 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. These motions are based on the trial court's "'inherent authority to reconsider and, if deemed appropriate, alter or retract any of its nonfinal . Such prior approval shall be within the sole discretion of the United States. A partition can be in kind or in money. The APPA requires that any proposal for a A limited number of forms are available for download from myorangeclerk.com. We will email you Defendant is enjoined from acquiring California Generation Facilities without prior notice to and approval of the United States. 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"). 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. against The purpose of a summary judgment is to avoid . Defendant is hereby ordered and directed, in accordance with the terms of this Final Judgment, and specifically in accordance with the schedule in this section, to divest the Divestiture Assets to a purchaser or purchasers acceptable to the United States, in its sole discretion. 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. 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. ____________________________ United States District Judge. It is a final ruling in the case, and no further testimony or evidence is heard. ASSENTED-TO MOTION FOR ENTRY OF JUDGMENT Plaintiff Commonwealth of Massachusetts moves for entry of the Judgment . The Final Judgment will remedy the anticompetitive effects of the challenged transaction by requiring the divestiture of the Divestiture Assets. Default Judgment. Please wait a moment while we load this page. The plaintiff must typically take one more step and ask for a final judgment against you after default is entered. Adding your team is easy in the "Manage Company Users" tab. We will email you However, if the motion for new trial, motion for rehearing, or other post-trial motion was either untimely or not specifically allowed by the rules of procedure, the 30-day deadline to file an appeal will not be extended in any way, and will instead run from the date of the final order or judgment as usual (and not from an order ruling on the . The Florida Rules of Civil Procedure do not authorize rehearing of non-final orders, and so filing . We noticed that you're using an AdBlocker, MOTION FOR ENTRY OF FINAL JUDGMENT - (JOINT MOTION). Helmich v. Wells Fargo Bank, N.A., 136 So.3d 763, 765 (Fla. 1 st DCA 2014). 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. MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. represented by MEANS OF FINAL . 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 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. Attach the pdf of the Motion for Default Judgment. By the same token, in a judgment is not final simply because it is titled Final Judgment. 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. This date is very important. It also requires BFI to offer new, less restrictive contracts to its small containerized hauling customers in Broward County, FL; Polk County, FL; and the greater Baltimore, MD metropolitan area. 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 Final Judgment may be entered at this time without further hearing, if the court determines that entry is in the public interest. 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. when new changes related to " are available. 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. Your credits were successfully purchased. 246330 Dewey Ballantine 1775 Pennsylvania Ave., N.W. Kiley, Timothy, Defendant . I. You will lose the information in your envelope. This is where doing nothing to defend yourself can hurt you. 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. to dissolve this garnishment pursuant to Florida Statutes 77.05. A default judgment awards the plaintiff reasonable damages requested in the complaint. C. Enova's obligation to divest an asset shall terminate if any governmental authority permanently revokes any license or permit necessary for the operation of such asset, properly exercises power or eminent domain with respect to such asset, or enters into a settlement agreement with Enova regarding the disposition of such asset to a third party. 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. The trustee shall have the power and authority to accomplish the divestiture at the earliest possible time to a purchaser acceptable to the United States, in its sole judgment. H. The terms "Independent System Operator" or "ISO" mean an entity that operates the intrastate gas transmission pipelines and related facilities of Pacific Enterprises. (2018).) What Is a Motion for Judgment Notwithstanding the Verdict. The APPA requires 2 . 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. Secure .gov websites use HTTPS UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, STATE OF FLORIDA by and through its Attorney General Robert A. Butterworth, and. Fawcett Memorial Hospital, In this case, the comment period terminated on August 17, 1998. UNITED STATES DISTRICT COURTDISTRICT OF COLUMBIA, PLAINTIFF'S MOTIONFOR ENTRY OF FINAL JUDGMENT. The Stipulation provides that the proposed Final Judgment may be entered by the Court after the completion of the procedures required by the APPA. 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. E. Defendant shall provide and maintain sufficient working capital to maintain the Divestiture Assets as viable ongoing businesses. These challenges are known to attorneys as Collateral jurisdictional attacks. If the trustee is responsible, it shall similarly notify Defendant. 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 Except as provided in Section VI, these divestitures shall occur through the Auction Procedures and shall be subject to necessary approvals by the California Public Utilities Commission ("CPUC") and other governmental authorities. 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. J. A general principle is that a motion for attorneys' fees must be filed in the trial court within a reasonable time after final judgment. 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. 16(e) and to enter the Final Judgment. G. Unless it has obtained the prior approval of the United States, Defendant shall not terminate or reduce the current employment, salary, or benefit arrangements for any personnel employed by Defendant who work at, or have managerial responsibility for, electricity generating facilities, except in the ordinary course of business. I. Defendant shall not object to a sale by the trustee on any grounds other than the trustee's malfeasance. In making that determination, the court may consider: 15 U.S.C. 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. Miami, Florida 33131 . The Notice of Entry of Judgment (SC-130) is a court form that states the judge's decision. Rule 55(c) is amended to make plain the interplay between Rules 54(b), 55(c), and 60(b). The procedures required by the APPA prior to entry of the proposed Final Judgment are completed. 2. 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. Evident partiality by an arbitrator appointed as a neutral arbitrator; 2. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 73 West Flagler Street, Room 138. Until final judgment is entered, Rule 54(b) allows revision of the default judgment at . 147, 149 (2005). "The court must then 'issue a confirming order unless the award is modified or . A. The defendant then has a specified time period to refute the judgment, pay on the judgment, or risk contempt of court. Plaintiff has incurred costs as result of this garnishment. The Court will retain jurisdiction to construe, modify or enforce the Final Judgment. 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. An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. 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. Due process requires strict compliance with any agreement that permits the entry of an ex parte judgment. After a hearing, the trial court denied the motion to set . Before entering the proposed Final Judgment, the Court is to determine whether the Judgment "is in the public interest." C. Within twenty calendar days of the filing of this Final Judgment, Defendant shall deliver to Plaintiff an affidavit which describes in detail all actions Defendant has taken and all steps Defendant has implemented on an on-going basis to preserve the Divestiture Assets pursuant to Section X of this Final Judgment and describes the functions, duties and actions taken by or undertaken at the supervision of the individuals described at Section X(J) of this Final Judgment with respect to Defendant's efforts to preserve the Divestiture Assets. Defendant shall not finance all or any part of any divestiture made pursuant to Sections IV or VI of this Final Judgment. (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. this occurs, entry of default and default judgment typically are performed at the same time. In Florida, a party in most cases has 20 days to answer a lawsuit. by clicking the Inbox on the top right hand corner. The plaintiff usually gets everything she asked for in the initial petition or complaint she filed against you . the competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration or relief sought, anticipated effects of alternative remedies actually considered, and any other considerations bearing upon the adequacy of such judgment; 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. The United States shall take all appropriate and necessary steps to keep the information received pursuant to this section confidential. A summary judgment disposes of the entire case. Judge Farfante, Darren. You can always see your envelopes try clicking the minimize button instead. A. Perkins, No. fair, adequate, and reasonable. CONCLUSION Based on the foregoing analysis, the Plaintiff's Motion for Final Summary Judgment should be granted. Defendant shall take all steps necessary to ensure that the Divestiture Assets will be maintained and operated as an ongoing, economically viable and active competitor in the provision of electricity; and that, except as necessary to comply with Sections X (B) to X (K) of this Final Judgment, the management of any electricity generating facilities shall be kept separate and apart from the management of Defendant's other businesses and will not be influenced by Defendant, and the books, records, and competitively sensitive sales, marketing and pricing information associated with electricity generating facilities will be kept separate and apart from that of Defendant's other businesses. DEFENDANT/COUNTERCLAIMANT'S MOTION FOR FINAL DEFAULT JUDGMENT . Rule 7 and/or Florida Rule of Civil Procedure 1, moves for summary disposition and/or summary judgment in its favor and against Plaintiff and entry of Final Judgment. 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 procedures of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. Purchasers whose bids are accepted by the United States under Section IV(D)(3) will be deemed acceptable. 16(b). The last date that Plaintiff provided the Defendant with these funds was in 2010. 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. in the jurisdiction of Hillsborough County. "Acquire" means obtaining any interest in any electricity generating facilities or capacity, including, but not limited to, all real property, deeded development rights to real property, capital equipment, buildings, fixtures, or contracts related to the generation facility, and including all generation, tolling, reverse tolling, and other contractual rights. F. Interlocutory. B. Courts have the authority to determine the legal owners of a property. 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. Adding your team is easy in the "Manage Company Users" tab. 1 6 (b)-(h), are required in this action. The Court reserves jurisdiction over the parties and this action to enforce the terms of this perma nent injunction through . 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. 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. 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. 16(e) (emphasis added). Bouknight, Jr. David R. Roll James B. Moorhead Steptoe & Johnson LLP 1330 Connecticut Ave., N.W. CASE STYLE (Name of Court) Plaintiff . 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. Please wait a moment while we load this page. L. The term "Southern California" means the counties in California currently served by Pacific's gas pipelines. 16 (b)-(h), are not required in this action. IN AND FOR BROWARD COUNTY FLORIDA PHILIP J. 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. Defendant is entitled to entry of a court order enforcing the Settlement 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. 4. 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. Within two business days following execution of a definitive agreement, contingent upon compliance with the terms of this Final Judgment, to effect, in whole or in part, any proposed divestiture pursuant to Sections IV or VI of this Final Judgment, Defendant or the trustee, whichever is then responsible for effecting the divestiture, shall notify Plaintiff of the proposed divestiture. Motion for Entry of Consent Final Judgment - Florida Attorney General 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. Any part of any divestiture made pursuant to this section confidential, plaintiff 's MOTIONFOR entry of Judgment SC-130... 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