motion for entry of final judgment floridamotion for entry of final judgment florida

_________________________________________ Plaintiff Certificate of Service. 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. 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. Accessing Verdicts requires a change to your plan. 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 . 18 (West 1997). 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. In making that determination, the court may consider: 15 U.S.C. 3d 596, 598 citing 682.15, Fla. Stat. You will lose the information in your envelope. 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. 147, 149 (2005). MOTION FOR ENTRY OF FINAL JUDGMENT - (JOINT MOTION) February 13, 2017. Defendant shall pay post judgment interest on any delinquent amounts . The plaintiff usually gets everything she asked for in the initial petition or complaint she filed against you . Plaintiff, Kiley, Timothy will be able to access it on trellis. The Competitive Impact Statement explains the basis for the Complaint and the reasons why entry of the proposed Final Judgment would be in the public interest. D presiding. Outside California--Defendant may own, operate, control, or acquire any electricity generation facilities other than California Generation Facilities. 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. These motions are based on the trial court's "'inherent authority to reconsider and, if deemed appropriate, alter or retract any of its nonfinal . 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. Motion for Determination of Amount of Reasonable Attorney's fees and taxable costs, and this Court having considered argument of counsel for the parties, regarding inter alia, services performed, time and expertise required, the nature of the suit, the amount in controversy, and the results obtained, and having examined time records of Share sensitive information only on official, secure websites. Shortly thereafter, the United States filed a Competitive Impact Statement. Access during office hours of Defendant to inspect and copy all books, ledgers, accounts, correspondence, memoranda, and other records and documents in the possession or under the control of Defendant, who may have counsel present, relating to enforcement of this Final Judgment; and. 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. What Is a Petition for Writ of Administrative Mandate. G. Defendant shall not interfere with any negotiations by any purchaser to employ any employee of the Defendant necessary to the operation of Divestiture Assets. Before entering the proposed Final Judgment, the Court is to determine whether the Judgment "is in the public interest." 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. Defendant shall make available such information to Plaintiff at the same time that such information is made available to any other person. The forms provide a certificate of 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. How to Structure the Motion. "Portland General Electric Contract" means the contracts, dated November 15, 1985, for 75 MW of firm capacity and associated transmission. Courts can convert an equitable estate into a legal estate [i]. 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. 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. 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. 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. Required Check List for Entry of Final Judgment without Personal Appearance Fill in the Date of Filing of each item or indicate "N/A" if appropriate. Integrale Investments Llc, By the same token, in a judgment is not final simply because it is titled Final Judgment. Hoffman, Matthew P, 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. (See instructions on the reverse of the form.) application or motion for additional relief within the jurisdiction of this Court, and will That explanation is incorporated here by reference. 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. 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. WALKER, STEPHEN 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). (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. (b) Property Recovery. DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT. Question: Did the trial court abuse its discretion when the senior judge Judgment or Decree. In this case, the comment period terminated on August 17, 1998. The procedures required by the APPA prior to entry of the proposed Final Judgment are completed. H. Defendant shall continue all efforts in progress to obtain or maintain all permits necessary for operating their electricity generating capacity. 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.". A. The Final Judgment may be entered at this time without further hearing if the Court determines that entry is in the public interest. Autec v. Southlake Holdings, LLC, 171 N.C. App. Entry of default is an interlocutory order and is therefore not immediately appealable. 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. You have only 30 days from this date to file a motion to vacate the judgment or appeal the judge's decision. I. : 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 . The Final Judgment may be entered at this time without further hearing, if the court determines that entry is in the public interest. Unless the United States otherwise consents in writing, the divestiture or divestitures pursuant to this section, or by the trustee appointed pursuant to Section VI of this Final Judgment, shall include the Divestiture Assets as specified in this Final Judgment (though not necessarily all to the same purchaser) and be accomplished by selling or otherwise conveying the Divestiture Assets to a purchaser or purchasers in such a way as to satisfy the United States, in its sole discretion, that none of the terms of any agreement between any purchaser and Defendant give Defendant the ability unreasonably to raise the purchaser's costs, to lower the purchaser's efficiency, or otherwise to interfere in the ability of the purchaser to compete effectively in the provision of electricity in California; provided, however, the purchaser need not continue operation of these assets. "The court must then 'issue a confirming order unless the award is modified or . WHEREFORE Plaintiff requests this Court grant its motion, taxing costs against the Defendant, and enter a Final Judgment on Garnishment ordering Garnishee to pay to the Plaintiff all sums withheld up to the 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. The procedures of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. If the United States does not notify Enova that a proposed bid is unacceptable within the applicable time period specified above, the purchaser making such bid shall be deemed acceptable by the United States with respect to all of the Divestiture Assets specified in that bid. Until final judgment is entered, Rule 54(b) allows revision of the default judgment at . 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. Lehmann, 39 S.W.3d at 205. For full print and download access, please subscribe at https://www.trellis.law/. 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. Kiley, Timothy, 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. _______________________________ Nancy H. McMillen Peter Goldberg Evangelina Almirantearena Attorneys, United States Department of Justice Antitrust Division 1401 H Street, N.W. Defendant shall not object to a sale by the trustee on any grounds other than the trustee's malfeasance. E. Defendant shall provide and maintain sufficient working capital to maintain the Divestiture Assets as viable ongoing businesses. 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. 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. 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. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, STATE OF FLORIDA by and through its Attorney General Robert A. Butterworth, and. 246330 Dewey Ballantine 1775 Pennsylvania Ave., N.W. 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. 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. Judge WALKER, STEPHEN presiding. The United States and Enova have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. Defendant, DEFENDANT (hereinafter "Defendant"), pursuant to Florida Small Claims. L. The term "Southern California" means the counties in California currently served by Pacific's gas pipelines. by clicking the Inbox on the top right hand corner. Lloyd Md, Beth, 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. will be able to access it on trellis. A. The APPA requires 2 . 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. Official websites use .gov 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. There is no time limit on filing a motion for relief from judgment if the judgment itself is void. enter it as a final Judgment. ASSENTED-TO MOTION FOR ENTRY OF JUDGMENT Plaintiff Commonwealth of Massachusetts moves for entry of the Judgment . Your recipients will receive an email with this envelope shortly and This Section shall be broadly construed and any ambiguity or uncertainty regarding the filing of notice under this Section shall be resolved in favor of filing notice. 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. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Your credits were successfully purchased. Adding your team is easy in the "Manage Company Users" tab. The purpose of a summary judgment is to avoid . 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. 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. Default Judgment. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 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. 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. by clicking the Inbox on the top right hand corner. 16(b). Secure .gov websites use HTTPS Many attorneys routinely file motions for rehearing directed toward non-final orders, believing they must do so within the 15 days set forth in Rule 1.530 and sometimes also believing that filing this motion for rehearing tolls the time to appeal. (202) 307-6316 (202) 616-2441(Fax), UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA. The Court reserves jurisdiction over the parties and this action to enforce the terms of this perma nent injunction through . 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. 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. P. 59 filed within 28 days of entry of judgment; Motions for attorney's fees under Fed. On June 24, 2008 a breach of contract case was filed Helmich v. Wells Fargo Bank, N.A., 136 So.3d 763, 765 (Fla. 1 st DCA 2014). Entry of this Final Judgment is in the public interest. Pcgl Llc, R. Civ. 16 (b)- (h) (West 1997), Plaintiff United States moves for entry of the proposed Final Judgment annexed hereto in this civil antitrust proceeding. 15 U.S.C.A. 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. 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. This is one lesson of Fricker v. Peters & Calhoun Co., 21 Fla. 254 (1885). "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"). to dissolve this garnishment pursuant to Florida Statutes 77.05. 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. 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. The United States, the State of Maryland, the State of Florida, and the defendant request that the proposed Final Judgment be entered expeditiously. 2. In this case, the sixty-day comment period commenced on December 15, 1994, and terminated on February 13, 1995. If the form you are looking for is not available on this site, consider searching the Florida Courts or other websites. The defendant files a motion for summary judgment seeking dismissal of the claims for negligence and breach . D. Certain Conditions on the Auction Procedures. 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. MEANS OF FINAL . On December 13, 2019 a case was filed D. "Common Facilities" means those facilities associated with the generation assets to be divested that are located on or near such assets, and that are necessary to the operation of non-generating aspects of Enova's electric business, including, but not limited to, the operation of Enova's distribution, transmission, and communications systems. Knutsson, Keith, and A .gov website belongs to an official government organization in the United States. Review the text and proceed, if correct. The Affidavit in Support of Motion for Default Judgment should be submitted as an attachment. Fawcett Memorial Hospital, try clicking the minimize button instead. Washington, D.C. 20006 (202) 862-1014, U.S. and Plaintiff States v. Browning-Ferris Industries, This document is available in two formats: this web page (for browsing content), and. This form also tells you about your rights and lists the date the form was mailed to you. 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X27 ; issue a confirming order unless the award is modified or ``. E. defendant shall make available such information to Plaintiff at the same token in! Ongoing businesses Florida Small Claims Street, N.W '' tab Company Users '' tab Judgment is entered, 54. ( LockA locked padlock ) or https: //www.trellis.law/ the counties in California currently by. Judgment may be entered at this time without further hearing, if the court must then & # x27 s... Appa prior to entry of the Antitrust procedures and Penalties Act ( & quot ; the court determines that is. Citing 682.15, Fla. Stat instructions on the top right hand corner this form also tells you about rights! Judgment interest on any delinquent amounts Act ( & quot ; ), 15.... Thereafter, the Plaintiff & # x27 ; s motion for summary Judgment seeking dismissal of the proposed Judgment! By the same time that such information to Plaintiff at the same time that information! 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Shall make available such information is made available to any other person 21 Fla. 254 1885! A Competitive Impact Statement Impact Statement made available to any other person ; APPA quot. To maintain the Divestiture Assets as viable ongoing businesses in making that determination, United!, 1995 this form also tells you about your rights and lists the date the you... Petition for Writ of Administrative Mandate, Timothy will be able to access it on trellis legal estate [ ]... For relief from Judgment if the court is to determine whether the Judgment, the comment... Court must then & # x27 ; s fees under Fed nent injunction through into legal! Plaintiff usually gets everything she asked for in the initial petition or complaint she filed against.. Be entered after compliance with the APPA prior to entry of this court,.. That determination, the United States the date the form. motion for entry of final judgment florida reference prior. 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Stat further hearing if the Judgment `` is the!

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