The United States shall, in its sole discretion, determine whether the documentation proffered by Enova is sufficient. Motion for Entry of Consent Final Judgment - Florida Attorney General R. Civ. For a defendant, a final summary judgment should have language that reads something like the following: "The motion for summary judgment is granted. 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. 2. 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. (202) 307-6316 (202) 616-2441(Fax), UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA. Defendant . 16. Upon objection by Defendant under the proviso in Section VI(C), a divestiture proposed under Section VI shall not be consummated. I. B. B. 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. This second step in the process constitutes a final judgment . This is the formal written document about the outcome of a lawsuit. 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. Entry of default is an interlocutory order and is therefore not immediately appealable. A. Your credits were successfully purchased. 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. Accessing Verdicts requires a change to your plan. 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. By the same token, in a judgment is not final simply because it is titled Final Judgment. If the form you are looking for is not available on this site, consider searching the Florida Courts or other websites. Defendant has informed Plaintiff that Defendant consents to the entry of the Final Judgment in this matter. An entry of default can come in two forms, an entry by the clerk or an entry by the judge. 4. 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. 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. 16(e) (emphasis added). The Final Judgment may be entered at this time without further hearing, if the court determines that entry is in the public interest. How to Structure the Motion. These motions are based on the trial court's "'inherent authority to reconsider and, if deemed appropriate, alter or retract any of its nonfinal . The defendant files a motion for summary judgment seeking dismissal of the claims for negligence and breach . WHEREFORE, pursuant to the terms of the Settlement Agreement and Order, the Plaintiff demands entry of a Final Judgment against Thomas Ritzmann and Cindy Aylsworth, Joint and severely in the amount of $846,216.25, plus interest, attorney's fees and costs. These challenges are known to attorneys as Collateral jurisdictional attacks. This form is the general form for a judgment after default, not including recovery for prejudgment interest and attorneys' fees: FINAL JUDGMENT This action was heard after entry of default against defendant and MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. 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. by clicking the Inbox on the top right hand corner. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, STATE OF FLORIDA by and through its Attorney General Robert A. Butterworth, and. The United States shall have thirty days from the date it receives a copy of a bid to notify Enova that the potential bid is unacceptable with respect to any of the Divestiture Assets specified in the bid; provided, however, the United States may extend the thirty-day review period for any such bid for one additional thirty-day period by providing written notice to Enova; provided further, in all cases the period for review of potential bids by the United States shall expire no later than the earlier of five days prior to the date set by the CPUC for submission of the proposed winning bid by Enova or the thirty-day period (with one possible thirty-day extension) described above. "Pacific" means Pacific Enterprises, a California corporation headquartered in Los Angeles, 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. E. "Control" means to have the ability to set the level of output of an electricity generation facility. Defendant shall not finance all or any part of any divestiture made pursuant to Sections IV or VI of this Final Judgment. California Public Power Generation Management Services Contracts--Defendant's entry into California Public Power Generation Management Services Contracts is not prohibited under Section V(A)(2) above, regardless of whether the contract allows for Defendant to exercise control of such facilities, and such contracts shall not be included in the calculation of whether the Acquisition Cap in Section V(B)(1) has been reached; provided however, Defendant may not enter into California Public Power Generation Management Services Contracts that allow the Defendant to exercise control of such facilities, without notice to the United States. R. Civ. Summary judgment is a stage in many Florida personal injury cases in which one or both parties ask the judge to rule in their favor prior to trial. The plaintiff usually gets everything she asked for in the initial petition or complaint she filed against you . 3d 596, 598 citing 682.15, Fla. Stat. What Is a Petition for Writ of Administrative Mandate. P. 54 filed within 14 days of entry of judgment if a district court extends the time for appeal under Rule 58; 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. Attach the pdf of the Motion for Default Judgment. 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. by 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. 1 6 (b)-(h), are required in this action. 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. B. 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 may request that information in such reports that has been provided as confidential by the Defendant be deemed confidential by the trustee. Judge Farfante, Darren. VON KAHLE, et al, ) CASE NO. 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. A. Corruption by an arbitrator; or 3. Plaintiff, Kiley, Timothy The compensation of such trustee and of any professionals and agents retained by the trustee shall be reasonable in light of the value of the Divestiture Assets and based on a fee arrangement providing the trustee with an incentive based on the price and terms of the divestiture and the speed with which it is accomplished. Similarly, in Plaintiff's Response, filed with the Court on January 11, 1999, the United States explained how the issues raised in the comments are not relevant to the Court's determination that entry of the proposed Final Judgment is in the public interest. Your alert tracking was successfully added. 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. Enova shall complete the sale of the Divestiture Assets as soon as practical after the receipt of all necessary governmental approvals; provided, however, if the sale of any of the Divestiture Assets is not completed within eighteen months after the date of the entry of this Final Judgment, a trustee shall be appointed pursuant to Section VI of this Final Judgment to effect the divestiture of any unsold assets; provided further, the United States may extend the eighteen-month period by six months by serving written notice on Enova prior to the expiration of the eighteen-month period; provided further, Enova and the United States may by mutual agreement extend further the time in which any of the Divestiture Assets shall be sold. See Section 55.10, Florida Statutes, for additional information on perfecting a judgment lien on real property. Please wait a moment while we load this page. C. After the appointment of the trustee becomes effective, the trustee shall have the right to sell the Divestiture Assets. 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. ____________________________ United States District Judge. For the first three reasons, a motion must be made within one year of the judgment being entered. Defendant shall pay post judgment interest on any delinquent amounts . 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. IN AND FOR BROWARD COUNTY FLORIDA PHILIP J. E. Other Legal Requirements--Nothing in this section limits the Defendant's responsibility to comply with the requirements of the HSR Act, with respect to any acquisition. 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. F. Interlocutory. If you wish to keep the information in your envelope between pages, Defendant is entitled to entry of a court order enforcing the Settlement : Division: Defendant MOTION FOR ENTRY OF JUDGMENT The Plaintiff moves for entry of a final judgment against due to (explain the reason the Court should enter judgment): Plaintiff -vs- Wherefore, the Plaintiff respectfully asks this court to enter a final judgment for $ _____ as principal, $ _____ as . We have notified your account executive who will contact you shortly. You can always see your envelopes A. 18 (West 1997). We noticed that you're using an AdBlocker, MOTION - FOR ENTRY OF FINAL JUDGMENT CONFIRMING ARBITRATION AND ENTRY OF FINAL JUDGMENT. Defendant shall appoint a person or persons to oversee the Divestiture Assets, and who will be responsible for Defendant's compliance with Section X of this Final Judgment. The trustee shall maintain full records of all efforts made to divest these operations. proposed Final Judgment state, the defendant has agreed to pay civil penalties totaling $250,000 within thirty days of entry of the Final Judgment. Accordingly, the Parties jointly move this Court for entry of a final judgment, substantially in the form attached hereto as Exhibit 1. The procedures of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. in the jurisdiction of Sarasota County. 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. Defendant, DEFENDANT (hereinafter "Defendant"), pursuant to Florida Small Claims. (See instructions on the reverse of the form.) Gerdes, Charles W., Evident partiality by an arbitrator appointed as a neutral arbitrator; 2. Judge WALKER, STEPHEN presiding. The defendant then has a specified time period to refute the judgment, pay on the judgment, or risk contempt of court. Therefore, the United States respectfully requests that the proposed Final Judgment annexed hereto be entered as soon as possible. when new changes related to " are available. enter it as a final Judgment. 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, "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. I. It's a way for one party to request that the court rule on a particular issue in a case. 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. 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. 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. II. The most common reason a judgment would be void is if the defendant was not properly served. 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. Perkins, No. We noticed that you're using an AdBlocker, MOTION FOR ENTRY OF FINAL JUDGMENT - (JOINT MOTION). Judgment or Decree. At the time of such approval, the settlement between the parties is final. 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). 3. 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. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. 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. Failure to respond opens the door for a default judgment, because the court interprets . Miami-Dade County Courthouse. Secure .gov websites use HTTPS Washington, DC 20036, Final Judgments + Proposed Final Judgments, This document is available in two formats: this web page (for browsing content) and. 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. Plaintiff has incurred costs as result of this garnishment. _________________________________________ Plaintiff Certificate of Service. Your alert tracking was successfully added. In Florida, a party in most cases has 20 days to answer a lawsuit. Question: Did the trial court abuse its discretion when the senior judge 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- The Plaintiff loaned the Defendant $45,000.00 and has not been repaid. B. Sections 10-1-390 et . 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. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. vs. FORM 1.998. The procedures required by the APPA prior to entry of the proposed Final Judgment are completed. We have notified your account executive who will contact you shortly. 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. 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. 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. SETTLEMENT PAYMENTS A. Rule 55(c) is amended to make plain the interplay between Rules 54(b), 55(c), and 60(b). D You will lose the information in your envelope. D. Defendant shall preserve all records of all efforts made to preserve and divest the Divestiture Assets. The capacity of Defendant's existing nuclear generation assets are excluded from the calculation of whether the 500 MW cap has been reached so long as the prices Enova receives for electricity generated by the existing nuclear generation assets are fixed by law or regulation. allegations / or separate affidavit if Children) _____ Restoration of former name pled? 2. 246330 Dewey Ballantine 1775 Pennsylvania Ave., N.W. 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"). Facsimile: (305) 536-4154 . 16 (b)- (h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. Lehmann, 39 S.W.3d at 205. 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. will be able to access it on trellis. Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember. A limited number of forms are available for download from myorangeclerk.com. After issuing a judgment, the judge may impose a sentence on a guilty defendant, award damages to the prevailing party in a civil lawsuit, or issue a . The acquisition is thus likely to lessen competition substantially among providers of electricity, and so violate Section 7 of the Clayton Act. 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. Shortly thereafter, the United States filed a Competitive Impact Statement. Review the text and proceed, if correct. 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. This date is very important. 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. The purpose of a summary judgment is to avoid . WALKER, STEPHEN 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. G. If the trustee has not accomplished the divestiture required by Section IV of this Final Judgment within six months after the appointment of the trustee becomes effective, the trustee shall promptly file with the Court a report setting forth (1) the trustee's efforts to accomplish the required divestiture, (2) the reasons, in the trustee's judgment, why the required divestiture has not been accomplished, and (3) the trustee's recommendations; 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. Integrale Investments Llc, The following packets, must contain 2 Notice of Social Security forms - one for each party, - Packet D. FL Statute: 12.902 (j) Counsel need only file a motion for entry of final judgment after default and set the motion for hearing. CASE STYLE (Name of Court) Plaintiff . will be able to access it on trellis. 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. 16 (b)- (h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. application or motion for additional relief within the jurisdiction of this Court, and will Miami, Florida 33130. The court reserves jurisdiction to consider a timely motion to tax costs and attorney's fees." 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. Next, if plaintiff sought liquidated damages in the complaint, the procedural vehicle for an entry of final judgment is straightforward. The United States does not believe that the procedures of the Antitrust Procedures and Penalties Act ('CAPPA''), 1 5 U.S .C. against There is no time limit on filing a motion for relief from judgment if the judgment itself is void. Fawcett Memorial Hospital, The APPA requires Your subscription was successfully upgraded. Eviction (Form 78) and/or a Motion for Default Final judgment - Damages (Residential Eviction) (Form 79) with an Affidavit of Damages (Form 80). 16(e) and to enter the Final Judgment. "On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect" Establishing the Required Elements for Relief from Default in Florida 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. 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. 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. Miami, Florida 33131 . 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. CONCLUSION Based on the foregoing analysis, the Plaintiff's Motion for Final Summary Judgment should be granted. Knutsson, Keith, and J. Such prior approval shall be within the sole discretion of the United States. An official website of the United States government. In particular, this acquisition would give PE/Enova the incentive and ability to limit the supply of natural gas to California electric power plants, raising their costs and the price California consumers pay for electricity. "Portland General Electric Contract" means the contracts, dated November 15, 1985, for 75 MW of firm capacity and associated transmission. What Is a Motion for Judgment Notwithstanding the Verdict. The APPA requires that any proposal for a 16 (b)- (h) (West 1997), Plaintiff United States moves for entry of the proposed Final Judgment annexed hereto in this civil antitrust proceeding. 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. 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