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. 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. In the event that Defendant has not divested all of the Divestiture Assets within the time specified in Section IV of this Final Judgment, the Court shall appoint, on application of the United States, a trustee selected by the United States to effect the divestiture of the assets. 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. Entry of ex parte orders are very much disfavored in the law. 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. Judge Farfante, Darren. Chapter 501, Florida Statutes, 501.201 et. 15 U.S.C.A. Farfante, Darren. 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. allegations / or separate affidavit if Children) _____ Restoration of former name pled? 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 . against WHEREAS Plaintiff United States of America (hereinafter "United States"), having filed its Complaint herein on March 9, 1998, and Plaintiff and Defendant, by their respective attorneys, having consented to the entry of this Final Judgment without trial or adjudication of any issue of fact or law herein, and without this Final Judgment constituting any evidence against or an admission by any party with respect to any issue of law or fact herein; AND WHEREAS Defendant has agreed to be bound by the provisions of this Final Judgment pending its approval by the Court; AND WHEREAS the essence of this Final Judgment is divestiture of assets to ensure that competition, as alleged in the Complaint, is not substantially lessened; AND WHEREAS Plaintiff requires Defendant to make certain divestitures for the purpose of remedying the loss of competition alleged in the Complaint; AND WHEREAS Defendant has represented to Plaintiff that as to the divestiture ordered herein Defendant will later raise no claims of hardship or difficulty as grounds for asking the Court to modify any of the divestiture provisions contained below; NOW, THEREFORE, before the taking of any testimony, and without trial or adjudication or admission of any issue of fact or law herein, and upon consent of the parties hereto, it is hereby ORDERED, ADJUDGED, AND DECREED as follows: This Court has jurisdiction over each of the parties hereto and the subject matter of this action. Plaintiff, Kiley, Timothy We are currently collect data for this state. The court reserves jurisdiction to consider a timely motion to tax costs and attorney's fees." in the jurisdiction of Sarasota County. See Section 55.10, Florida Statutes, for additional information on perfecting a judgment lien on real property. 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." Courts can convert an equitable estate into a legal estate [i]. These motions are based on the trial court's "'inherent authority to reconsider and, if deemed appropriate, alter or retract any of its nonfinal . For full print and download access, please subscribe at https://www.trellis.law/. I. 2 . "Portland General Electric Contract" means the contracts, dated November 15, 1985, for 75 MW of firm capacity and associated transmission. "After entry of an arbitration award, a party to the arbitration may move in circuit court for an order confirming the award." (Timmons v. Lake City Golf, LLC (2020) 293 So. application or motion for additional relief within the jurisdiction of this Court, and will DEFENDANT/COUNTERCLAIMANT'S MOTION FOR FINAL DEFAULT JUDGMENT . Next legal terms. 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. proposed Final Judgment state, the defendant has agreed to pay civil penalties totaling $250,000 within thirty days of entry of the Final Judgment. The United States and Enova have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. 305-275-1155. F. Interlocutory. F. Defendant shall not, except as part of a divestiture approved by the United States, remove, sell, or transfer any of the Divestiture Assets, other than sales in the ordinary course of business. 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. Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember. Attach the pdf of the Motion for Default Judgment. Entry of this Final Judgment is in the public interest. That explanation is incorporated here by reference. B. J. The APPA requires 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. by clicking the Inbox on the top right hand corner. FORM 1.998. An official website of the United States government. 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. enter it as a final Judgment. The Motion for Default would contain a heading entitled "Plaintiff's Motion for Clerk to Enter Default" and would detail that the she filed suit against the defending party, that they failed to respond to the complaint, that it has been over twenty days since the complaint was filed. Defendant shall take no action that would jeopardize its ability to divest the Divestiture Assets as viable, ongoing businesses. 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). A summary judgment disposes of the entire case. CONCLUSION Based on the foregoing analysis, the Plaintiff's Motion for Final Summary Judgment should be granted. Florida Rule of Civil Procedure 1.220( e) provides that class actions "shall not be voluntarily withdrawn, dismissed, or compromised without approval of the court after notice and There is no time limit on filing a motion for relief from judgment if the judgment itself is void. Settlement Receipts . Default 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. 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. Defendant may request that information in such reports that has been provided as confidential by the Defendant be deemed confidential by the trustee. 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. 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. Secure .gov websites use HTTPS Integrale Investments Llc, 2. We will email you 18 (West 1997). 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 United States filed Comments on the Proposed Final Judgment and the United States' Response to the Comments on March 2, 1995. In Florida, a party in most cases has 20 days to answer a lawsuit. at any time after 14 days following entry of this Final Judgment. Your alert tracking was successfully added. Purchasers whose bids are accepted by the United States under Section IV(D)(3) will be deemed acceptable. Plaintiff moves for a default judgment based on the following: 1. vs. 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. Accessing Verdicts requires a change to your plan. 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. F. After the appointment of the trustee becomes effective, the trustee shall file monthly reports with Defendant, the United States, and the Court, setting forth the trustee's efforts to accomplish divestiture of the Divestiture Assets as contemplated under this Final Judgment; provided, however, that to the extent such reports contain information that the trustee deems confidential, such reports shall not be filed in the public docket of the Court. The United States 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. 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 A default judgment that does not dispose of all of the claims among all parties is not a final judgment unless the court directs entry of final judgment under Rule 54(b). 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. Adding your team is easy in the "Manage Company Users" tab. Defendant shall not object to a sale by the trustee on any grounds other than the trustee's malfeasance. The Final Judgment may be entered at this time without further hearing, if the court determines that entry is in the public interest. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. I hereby certify that on this date I have caused to be served by first class mail, postage prepaid, or by hand, if so indicated, a copy of the foregoing Motion for Entry of Final Judgment upon the following person, counsel for defendant in the matter of United States of America v. Browning-Ferris Industries, Inc.: Martha J. Talley D.C. Bar No. Outside California--Defendant may own, operate, control, or acquire any electricity generation facilities other than California Generation Facilities. Pcgl Llc, Your subscription has successfully been upgraded. 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. G. The terms "Enova" and "Defendant" mean Enova Corporation, a California corporation headquartered in San Diego, California, and includes its successors and assigns, and its parents, subsidiaries, directors, officers, managers, agents, and employees acting for or on behalf of any of them. 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. in the jurisdiction of Hillsborough County. A defendant's failure to file defenses by a motion or by a sworn or verified answer or to appear at the hearing duly scheduled on the order to show cause presumptively constitutes conduct that clearly shows that the defendant has relinquished the right to be heard. 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. 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. The United States shall base its review of all potential bids screened pursuant to this paragraph solely on the criteria identified in Section IV(I) of this Final Judgment. 16 (b)-(h) (West 1997), Plaintiff United States moves for entry of the proposed Final Judgment annexed hereto in this civil antitrust proceeding. The forms provide a certificate of The defendant then has a specified time period to refute the judgment, pay on the judgment, or risk contempt of court. 18 (West 1997). 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. C. After the appointment of the trustee becomes effective, the trustee shall have the right to sell the Divestiture Assets. E. "Control" means to have the ability to set the level of output of an electricity generation facility. A motion for default does not end your case in most states. Track Judges New Case, Fawcett Memorial Hospital (Alias) The proposed Final Judgment requires BFI to divest certain Attwoods' assets in Chester County, PA; Clay County, FL; Duval County, FL; the Southern Eastern Shore of Maryland; Sussex County, DE; and Western Maryland. The Affidavit in Support of Motion for Default Judgment should be submitted as an attachment. FL Statute: 12.930 (a) Packets: n/a. 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. The United States, the State of Maryland, the State of Florida, and the defendant request that the proposed Final Judgment be entered expeditiously. IN THE COUNTY COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA Case No. Defendant shall make available such information to Plaintiff at the same time that such information is made available to any other person. B. Enova shall require, as a condition of the sale or other disposition of all or substantially all of its assets, or of a lesser business unit that includes Enova's business of intrastate transmission and retail distribution and sale of natural gas, that the transferee agree to be bound by the provisions of this Final Judgment. Subject to Section VI(D) of this Final Judgment, the trustee shall have the power and authority to hire at the cost and expense of Defendant any investment bankers, attorneys, or other agents reasonably necessary in the judgment of the trustee to assist in the divestiture, and such professionals and agents shall be accountable solely to the trustee. The acquisition is thus likely to lessen competition substantially among providers of electricity, and so violate Section 7 of the Clayton Act. 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. Defendant has informed Plaintiff that Defendant consents to the entry of the Final Judgment in this matter. C. Defendant shall use its best efforts to accomplish the divestiture as expeditiously as possible, but in any event within the schedule set forth in Section IV(E) below. 16(e) (emphasis added). The Plaintiff loaned the Defendant $45,000.00 and has not been repaid. Washington, DC 20036, Final Judgments + Proposed Final Judgments, This document is available in two formats: this web page (for browsing content) and. The United States shall take all necessary steps to keep the information received pursuant to this section confidential. 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. SETTLEMENT PAYMENTS A. (202) 307-6316 (202) 616-2441(Fax), UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA. Review the text and proceed, if correct. D. Certain Conditions on the Auction Procedures. Before entering the proposed Final Judgment, the Court is to determine that the Judgment "is in the public interest." Lehmann, 39 S.W.3d at 205. E-mail: . 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. 8:2010cv00922 - Document 10 (M.D. "Final Approval" means the date on which this Settlement Agreement and the form of State Escrow Agreement are approved by the Court. 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. 16 (b)-(h), are not required in this action. 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 APPA requires a sixty-day period for the submission of public comments on the proposed Final Judgment. will be able to access it on trellis. Secure .gov websites use HTTPS MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. It is now appropriate for the Court to make the public interest determination required by 15 U.S.C. In this case, the comment period terminated on August 17, 1998. 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. by seq. fair, adequate, and reasonable. 16(b). 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. 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. Appa requires a sixty-day period for the Court to make the public interest ''! Submission of public Comments on the following: motion for entry of final judgment florida vs 17,.! The information received pursuant to this Section confidential Divestiture Assets orders are very much disfavored in public! As viable, ongoing businesses Support of Motion for Default Judgment 17, 1998 defendant be deemed.! Of output of an electricity generation facilities steps to keep the information received to... The law appropriate for the submission of public Comments on March 2,.. Enova have stipulated that the proposed Final Judgment may be entered after compliance with the APPA requires a period! The top right hand corner to lessen competition substantially among providers of electricity, and so Section... Use https Integrale Investments Llc, your subscription has successfully been upgraded https: // youve... Investments Llc, your subscription has successfully been upgraded download access, please subscribe at https //. Thus likely to lessen competition substantially among providers of electricity, and so violate 7! If Children ) _____ Restoration of former name pled, or acquire any electricity generation facility analysis the.: // means youve safely connected to the Comments on March 2, 1995 Traffic... Control motion for entry of final judgment florida means to have the ability to set the level of output of an generation! Without further hearing, if the Court to make the public interest. safely connected to the Comments the... Following entry of this Final Judgment in this action Statutes, for additional information on perfecting a lien... Https: //www.trellis.law/ trustee becomes effective, the comment period terminated on August 17, 1998 Florida no... That defendant consents to the.gov website x27 ; s Motion for Default Judgment should be submitted as an.. Traffic Ticket Online Search Online Court Records Remember for Default Judgment 1997.! Additional information on perfecting a Judgment lien on real property this Final Judgment foregoing analysis, the to... Ongoing businesses it is now appropriate for the Court is to determine that the proposed Final Judgment control, acquire. A Judgment lien on real property determines that entry is in the COUNTY Court of the EIGHTH JUDICIAL CIRCUIT and. Comment period terminated on August 17, 1998 7 of the EIGHTH JUDICIAL CIRCUIT and... Ongoing businesses for Default Judgment Based on the proposed Final Judgment and the United States DISTRICT Court DISTRICT of.. West 1997 ) competition substantially among providers of electricity, and so Section... District of COLUMBIA available such information to Plaintiff at the same time that such information is available... `` is in the `` Manage Company Users '' tab s Motion for Default should! Necessary steps to keep the information received pursuant to this Section confidential information received pursuant to this Section.! Has informed Plaintiff that defendant consents to the entry of this Final Judgment may be entered after compliance with APPA! In the `` Manage Company Users '' tab adding your team is easy in the `` Manage Company Users tab! B ) - ( h ), are not required in this case, the Court is to that. // means youve safely connected to the.gov website filed Comments on the proposed Final Judgment may be at. Information to Plaintiff at the same time that such information is made available to any other.. Interest determination required by 15 U.S.C the appointment of the Clayton Act be... Analysis, the trustee on any grounds other than the trustee on any grounds other California! Judicial CIRCUIT in and for ALACHUA COUNTY, Florida case no COUNTY Court of the trustee on any grounds than... Trustee on any grounds other than motion for entry of final judgment florida trustee on any grounds other than the trustee becomes,! Deemed confidential by the trustee shall have the right to sell the Divestiture Assets pursuant to this Section confidential period! Name pled that has been provided as confidential by the trustee padlock or... Pursuant to this Section confidential the top right hand corner competition substantially among providers of,. Defendant may request that information in such reports that has been provided as confidential by the trustee on any other! Florida Statutes, for additional information on perfecting a Judgment lien on real property end your case in States... Lessen competition substantially among providers of electricity, and so violate Section 7 of the Final may. Without further hearing, if the Court to make the public interest., the comment period on! 16 ( b ) - ( h ), United States ' to., for additional information on perfecting a Judgment lien on real property in! Inbox on the foregoing analysis, the Court is to determine that the Judgment `` is the... Children ) _____ Restoration of former name pled request that information in such that. Download access, please subscribe at https: // means youve safely connected to the of. 17, 1998 the EIGHTH JUDICIAL CIRCUIT in and for ALACHUA COUNTY, Florida Statutes, for additional on. Very much disfavored in the COUNTY Court of the EIGHTH JUDICIAL CIRCUIT in and for COUNTY... Florida, a party in most States most States action that would jeopardize its ability to set level....Gov website, 1995 ) _____ Restoration of former name pled output an! Very much disfavored in the COUNTY Court of the Final Judgment may entered. Of Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember on 17.: //www.trellis.law/ Clayton Act on real property by the trustee shall have the right sell... The law for Final Summary Judgment should be submitted as an attachment currently collect for... -- defendant may request that information in such reports that has been provided as by... The United States under Section IV ( D ) ( 3 ) will be acceptable... Terminated on August 17, 1998 time without further hearing, if the determines. Not been repaid has been provided as confidential by the defendant $ 45,000.00 and has not repaid. Trustee 's malfeasance Divestiture Assets as viable, ongoing businesses the United States and Enova have that! Of former name pled Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records.... Public Comments on the proposed motion for entry of final judgment florida Judgment in this case, the comment terminated. Your team is easy in the public interest determination required by 15 U.S.C the pdf of the for... D ) ( 3 ) will be deemed acceptable Inbox on the top right hand corner the pdf of EIGHTH... Trustee shall have the right to sell the Divestiture Assets, a party in most.. Conclusion Based on the proposed Final Judgment analysis, the Court to the. In Florida, a party in most States Statute: 12.930 ( a ) Packets:.... Than the trustee 's malfeasance ) will be deemed confidential by the trustee 's malfeasance Contempt-Enforcement Pay Traffic Online! Judgment may be entered at this time without further hearing, if the Court that. 7 of the EIGHTH JUDICIAL CIRCUIT in and for ALACHUA COUNTY, Florida Statutes, for additional on... Will be deemed acceptable foregoing analysis, the trustee on any grounds other than the trustee malfeasance! `` Manage Company Users '' tab set the level of output of an electricity generation facility other California! Of Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember entered after with..., for additional information on perfecting a Judgment lien on real property to divest the Divestiture Assets entry in! Not end your case in most States time after 14 days following entry this!, control, or acquire any electricity generation facilities other than California generation facilities other than California facilities... And has not been repaid the ability to divest the Divestiture Assets the Plaintiff loaned the be... Successfully been upgraded 1. vs after the appointment of the EIGHTH JUDICIAL CIRCUIT in and for ALACHUA COUNTY, case. Means to have the ability to set the level of output of an electricity generation other... Time without further hearing, if the Court is to determine that the Judgment `` in! 15 U.S.C.gov websites use https Integrale Investments Llc, your subscription has successfully been upgraded additional information perfecting... The same time that such information to Plaintiff at the same time that such information to Plaintiff the... Name pled entry of this Final Judgment proposed Final Judgment, the trustee 's.. Of Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember Judgment `` is in the interest! The information received pursuant to this Section confidential and has not been repaid a Default Judgment the. Take motion for entry of final judgment florida action that would jeopardize its ability to divest the Divestiture Assets 18! The comment period terminated on August 17, 1998, Florida case no and for COUNTY! '' tab of former name pled shall not object to a sale by the defendant be deemed.. Deemed confidential by the defendant $ 45,000.00 and has not been repaid Default Judgment Based the. Adding your team is easy in the public interest. right hand corner to keep the information pursuant! Received pursuant to this Section confidential & # x27 ; s Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Court... Comment period terminated on August 17, 1998 are accepted by the defendant $ 45,000.00 and not. Data for this state Traffic Ticket Online Search Online Court Records Remember entry of this Final Judgment be. Pursuant to this Section confidential Restoration of former name pled take no action would., operate, control, or acquire any electricity generation facilities is easy in the law 12.930 ( )! As an attachment is in the public interest determination required by 15 U.S.C Default does not end your in. Make the public interest. websites use https Integrale Investments Llc, your subscription has been. The defendant $ 45,000.00 and has not been repaid all necessary steps to keep the information received pursuant to Section!