Select any appropriate docket entries to relate the motion to on the docket sheet Type in the name of the party that the default judgment is against. P. 59 filed within 28 days of entry of judgment; Motions for attorney's fees under Fed. Upon objection by Defendant under the proviso in Section VI(C), a divestiture proposed under Section VI shall not be consummated. UNITED STATES DISTRICT COURTDISTRICT OF COLUMBIA, PLAINTIFF'S MOTIONFOR ENTRY OF FINAL JUDGMENT. The forms provide a certificate of Please wait a moment while we load this page. Your credits were successfully purchased. by clicking the Inbox on the top right hand corner. 3. E. Defendant shall provide and maintain sufficient working capital to maintain the Divestiture Assets as viable ongoing businesses. A. 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. this occurs, entry of default and default judgment typically are performed at the same time. 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. A motion for default does not end your case in most states. "Operates" includes full operational and pricing control over all such facilities and total authority to determine whether and how much capacity is available in the intrastate pipeline, whether curtailment of transmission service is required on any part of that system, whose service is curtailed, and the prices to be charged. Defendant may request that information in such reports that has been provided as confidential by the Defendant be deemed confidential by the trustee. 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. For example, assume that a plaintiff sues a defendant asserting claims for breach of contract, negligence, and assault. Judge Farfante, Darren. In a judicial partition, the property of co-owners is partitioned by the courts based on the evidence produced by the parties. Defendant . Counter-Plaintiff. 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. Notification of California Public Power Generation Management Services Contracts--Unless such transaction is otherwise subject to the reporting and waiting period requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, 15 U.S.C.A. Attach the pdf of the Motion for Default Judgment. 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. MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. The APPA requires a sixty-day period for the submission of public comments on the proposed Final Judgment. 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. 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. P. 54 filed within 14 days of entry of judgment if a district court extends the time for appeal under Rule 58; Shortly thereafter, the United States filed a Competitive Impact Statement. 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." UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, STATE OF FLORIDA by and through its Attorney General Robert A. Butterworth, and. Suite 4000 Washington, D.C. 20530 (202) 307-5777. 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. Courts can convert an equitable estate into a legal estate [i]. Your subscription was successfully upgraded. If that party fails to file any response such as a motion directed toward the pleading, or an answer to the lawsuit, the plaintiff may seek what is called a clerk's default. 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. Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember. 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. Motion for Entry of Consent Final Judgment - Florida Attorney General 18 (West 1997). It's a way for one party to request that the court rule on a particular issue in a case. Therefore, the United States respectfully requests that the proposed Final Judgment annexed hereto be entered as soon as possible. Corruption by an arbitrator; or 3. 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. by J. 305-275-1155. Settlement Receipts . 16 (b)- (h) (West 1997), Plaintiff United States moves for entry of the proposed Final Judgment annexed hereto in this civil antitrust proceeding. 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. E. "Control" means to have the ability to set the level of output of an electricity generation facility. On June 24, 2008 a breach of contract case was filed "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"). try clicking the minimize button instead. limitations had been tolled, the trial courts entry of a final judgment including unpaid installments coming due more than five years before the operative complaint was filed is clearly erroneous as a matter of law. The motion must have certain supporting documents: (i) plaintiff's affidavit detailing the complaint's factual allegation (including the calculation . A. These instructions apply only to state court. A general principle is that a motion for attorneys' fees must be filed in the trial court within a reasonable time after final judgment. MEANS OF FINAL . 16 (b)- (h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. 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. Attorney For The 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. F. Interlocutory. The Final Judgment will remedy the anticompetitive effects of the challenged transaction by requiring the divestiture of the Divestiture Assets. After entry of the original final judgment in a paternity case, the mother filed a motion to set aside the final judgment. (202) 307-6316 (202) 616-2441(Fax), UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA. 16(b). The Court will retain jurisdiction to construe, modify or enforce the Final Judgment. 16(e) and to enter the Final Judgment. 147, 149 (2005). 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 United States and Enova have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. II. L. The term "Southern California" means the counties in California currently served by Pacific's gas pipelines. 16(e) (emphasis added). A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. in the jurisdiction of Sarasota County. An official website of the United States government. will be able to access it on trellis. Share sensitive information only on official, secure websites. 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. D. Defendant shall provide and maintain sufficient lines of sources of credit to maintain the Divestiture Assets as viable, ongoing businesses. 4. 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. 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. 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. 18 (West 1997). The procedures required by the APPA prior to entry of the proposed Final Judgment are completed. Defendant shall not object to a sale by the trustee on any grounds other than the trustee's malfeasance. Your content views addon has successfully been added. We noticed that you're using an AdBlocker, MOTION FOR ENTRY OF FINAL JUDGMENT - (JOINT MOTION). 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. 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). 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). Facsimile: (305) 536-4154 . H. The terms "Independent System Operator" or "ISO" mean an entity that operates the intrastate gas transmission pipelines and related facilities of Pacific Enterprises. 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. when new changes related to " are available. 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. 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. MOTION FOR ENTRY OF FINAL JUDGMENT - (JOINT MOTION) February 13, 2017. 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. We are currently collect data for this state. 15 U.S.C.A. Accessing Verdicts requires a change to your plan. A. 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. One of the most common challenges to a default judgment in Florida is a challenge to the jurisdiction of the court over your person because of lack of personal jurisdiction or defective service of process. Motions for reconsideration, on the other hand, apply to non-final, interlocutory orders prior to final judgment. 15 U.S.C.A. 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. 2 . DEFENDANT/COUNTERCLAIMANT'S MOTION FOR FINAL DEFAULT JUDGMENT . Defendant shall take no action that would jeopardize its ability to divest the Divestiture Assets as viable, ongoing businesses. For full print and download access, please subscribe at https://www.trellis.law/. 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. We have notified your account executive who will contact you shortly. In light of the foregoing, Sunbeam is entitled to the entry of Final Judgment of Tenant Removal/Eviction, termination of the Lease and award of the possession of the Subject Property consistent with the Lease and Florida law. Lawsuit Forms Summons Complaint Answer a Lawsuit Motion to Dismiss Admissions Interrogatories Production Motion to Compel Entry of Default will be able to access it on trellis. Defendant shall pay post judgment interest on any delinquent amounts . 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. 2. at any time after 14 days following entry of this Final Judgment. Before Enova can accept a bid by a potential purchaser received under the Auction Procedures with respect to any of the Divestiture Assets to be divested, the bid must be screened by the United States as specified in this section. The Stipulation provides that the proposed Final Judgment may be entered by the Court after the completion of the procedures required by the APPA. (See instructions on the reverse of the form.) I. 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. C. After the appointment of the trustee becomes effective, the trustee shall have the right to sell the Divestiture Assets. 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. D. Defendant shall preserve all records of all efforts made to preserve and divest the Divestiture Assets. This action was commenced on December 1, 1994, when the United States, the State of Maryland ("Maryland") and the State of Florida ("Florida") filed a Complaint alleging that the acquisition by Browning-Ferris Industries, Inc. ("BFI") of the ordinary voting shares of Attwoods plc ("Attwoods") violated Section 7 of the Clayton Act because the effects of the acquisition may be substantially to lessen competition in interstate trade and commerce for small containerized hauling services in the following relevant markets: the greater Baltimore, MD metropolitan area; Broward County, FL; Chester County, PA; Clay County, FL; Duval County, FL; Polk County, FL; the Southern Eastern Shore of Maryland; Sussex County, DE; and Western Maryland. This is the formal written document about the outcome of a lawsuit. 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 MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. On May 17, 2007, Appellee filed a Motion for Entry of Default Final Judgment seeking Judgment against Appellants on May 23, 2007, granting judgment in favor of Appellee in the Procedure Form 1.977 within forty-five days from date of the Final Judgment, unless it is satisfied or post-judgment discovery is stayed. FINAL CONSENT JUDGEMENT Plaintiffs, the United States of America and the State of Florida, having filed their Verified Complaint on May 5, 1994, and Plaintiffs and Morton Plant Health System, Inc. and Trustees of Mease Hospital, Inc., by their respective attorneys, having consented to the entry of this Final Consent Judgment without trial or adjudication of any issue of fact or law, and . Evident partiality by an arbitrator appointed as a neutral arbitrator; 2. Enova may structure its requests for bids to require reasonable easements, licenses, and other arrangements for the continued operation of Common Facilities by Enova. 8:2010cv00922 - Document 10 (M.D. 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. Dana J. Watts, Attorney for Plai Florida Bar Number: 02921741 1620 Main Street Suite One . application or motion for additional relief within the jurisdiction of this Court, and will 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. 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. In making that determination, the court may consider: 15 U.S.C. The APPA requires that any proposal for a 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. 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. B. D. Certain Conditions on the Auction Procedures. Defendant, DEFENDANT (hereinafter "Defendant"), pursuant to Florida Small Claims. . 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. 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 Plaintiff loaned the Defendant $45,000.00 and has not been repaid. 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 . Lloyd Md, Beth, CONCLUSION Based on the foregoing analysis, the Plaintiff's Motion for Final Summary Judgment should be granted. 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. 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. Sections 10-1-390 et . 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. The Court reserves jurisdiction over the parties and this action to enforce the terms of this perma nent injunction through . Miami, Florida 33130. The APPA requires a sixty-day period for the submission of public comments on the proposed Final Judgment, 15 U.S.C. 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. Miami, Florida 33131 . Farfante, Darren. This date is very important. 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. In Florida, a party in most cases has 20 days to answer a lawsuit. During this period, the United States received comments from two companies, Eastern Trans-Waste of Maryland, Inc. and Coastal Carting Limited, Inc., on the proposed Final Judgment. 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. A. (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. Your recipients will receive an email with this envelope shortly and 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. F. In accomplishing the divestiture ordered by this Final Judgment, Defendant promptly shall make known, by usual and customary means, the availability of the Divestiture Assets. DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT. If you wish to keep the information in your envelope between pages, Motion for Final Judgement. Entry of ex parte orders are very much disfavored in the law. A partition can be in kind or in money. If the form you are looking for is not available on this site, consider searching the Florida Courts or other websites. 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. Filed a motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember s motion for of... Transaction by requiring the Divestiture Assets as viable, ongoing businesses 1620 Main Street suite one Florida, a proposed! 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