In this case, the sixty-day comment period commenced on December 15, 1994, and terminated on February 13, 1995. 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. 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. (See instructions on the reverse of the form.) D. Defendant shall provide and maintain sufficient lines of sources of credit to maintain the Divestiture Assets as viable, ongoing businesses. "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. Your recipients will receive an email with this envelope shortly and The party who won can ask for an award of costs and sometimes attorney fees from the other party, unless those were already . 2 . The United States, the State of Maryland, the State of Florida, and the defendant request that the proposed Final Judgment be entered expeditiously. The payments to be made by the Settling Defendants under this 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. F. "Divestiture Assets" means the Encina and South Bay electricity generation facilities owned by Enova at Carlsbad and Chula Vista, California, including, but not limited to, all real property rights necessary to the operation of the facilities; buildings, generation equipment, inventory, fixed assets and fixtures, materials, supplies, on-site warehouses or storage facilities, and other tangible property or improvements used in the operation of the facilities; licenses, permits (including but not limited to environmental permits and all permits from federal or state agencies), and authorizations issued by any governmental organization relating to the facilities, and all work in progress on permits or studies undertaken in order to obtain permits; plans for design or redesign of these electricity generating assets; contracts (including but not limited to customer contracts), agreements, leases, commitments, and understandings pertaining to the facilities and their operations; customer lists, and marketing or consumer surveys relating to these electricity generating assets; contracts for firm capacity and energy of longer than three months relating to these assets; records maintained by Enova necessary to operation of these assets; and all other interests, assets or improvements customarily used in the generation of electricity at these facilities. 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. This is one lesson of Fricker v. Peters & Calhoun Co., 21 Fla. 254 (1885). Enova may structure its requests for bids to require reasonable easements, licenses, and other arrangements for the continued operation of Common Facilities by Enova. 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. IN AND FOR BROWARD COUNTY FLORIDA PHILIP J. 15 U.S.C.A. 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 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. 1 6 (b)-(h), are required in this action. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 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; Courts can convert an equitable estate into a legal estate [i]. 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. 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. Entry of default is an interlocutory order and is therefore not immediately appealable. A. Accessing Verdicts requires a change to your plan. Fawcett Memorial Hospital, 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. Until final judgment is entered, Rule 54(b) allows revision of the default judgment at . 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 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 . Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember. On December 13, 2019 a case was filed 4. E. After the appointment of the trustee becomes effective, Defendant shall take no action to interfere with or impede the trustee's accomplishment of the required divestiture, and shall use its best efforts to assist the trustee in accomplishing the required divestiture, including best efforts to effect all necessary regulatory approvals. For example, assume that a plaintiff sues a defendant asserting claims for breach of contract, negligence, and assault. These instructions apply only to state court. 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. If the trustee is responsible, it shall similarly notify Defendant. 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 . 15 U.S.C.A. The forms provide a certificate of 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. Purchasers whose bids are accepted by the United States under Section IV(D)(3) will be deemed acceptable. B. 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 Plaintiff loaned the Defendant $45,000.00 and has not been repaid. It's a way for one party to request that the court rule on a particular issue in a case. Your subscription was successfully upgraded. Hoffman, Matthew P, 147, 149 (2005). 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, seq. 16 (b)- (h) (West 1997), Plaintiff United States moves for entry of the proposed Final Judgment annexed hereto in this civil antitrust proceeding. This form also tells you about your rights and lists the date the form was mailed to you. In making that determination, the Court may consider: (2) the impact of entry of such judgment upon the public generally and individuals alleging specific injury from the violations set forth in the complaint including consideration of the public benefit, if any, to be derived from a determination of the issues at trial. The United States 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. After entry of the original final judgment in a paternity case, the mother filed a motion to set aside the 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. the competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration or relief sought, anticipated effects of alternative remedies actually considered, and any other considerations bearing upon the adequacy of such judgment; the impact of entry of such judgment upon the public generally and individuals alleging specific injury from the violations set forth in the complaint including consideration of the public benefit, if any, to be derived from a determination of the issues at trial. The Competitive Impact Statement ("CIS") filed in this matter on June 8, 1998, explains why entry of the proposed Final Judgment would be in the public interest. STATE OF MARYLAND by and through its Attorney General J. Joseph Curran, Jr.. Pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. this occurs, entry of default and default judgment typically are performed at the same time. On June 24, 2008 a breach of contract case was filed MOTION FOR ENTRY OF FINAL JUDGMENT - (JOINT MOTION) February 13, 2017. Defendant . 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. Facsimile: (305) 536-4154 . FORM 1.998. The last date that Plaintiff provided the Defendant with these funds was in 2010. 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. 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. 16(b). Sections 10-1-390 et . Pcgl Llc, Your subscription has successfully been upgraded. The APPA requires a sixty-day period for the submission of public comments on the proposed Final Judgment, 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. 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. Secure .gov websites use HTTPS 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. DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT. The capacity of the Divestiture Assets shall be included in the calculation of whether the 500 MW cap has been reached, as long as Defendant owns such assets. D. Methods of Obtaining Prior Approvals and of Providing Notice--Defendant shall obtain prior approval and provide notice by sending the required materials to Chief, Transportation, Energy, and Agriculture Section, Antitrust Division, United States Department of Justice, 325 Seventh Street, N.W., Suite 500, Washington, DC 20004. 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). represented by Subject to the reasonable convenience of Defendant and without restraint or interference from it, to interview, either informally or on the record, its officers, employees, and agents, who may have counsel present, regarding any such matters. The motion must have certain supporting documents: (i) plaintiff's affidavit detailing the complaint's factual allegation (including the calculation . 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. A. 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 . 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. In this case, the comment period terminated on August 17, 1998. 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 default judgment awards the plaintiff reasonable damages requested in the complaint. 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. The court reserves jurisdiction to consider a timely motion to tax costs and attorney's fees." 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. 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.". 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. 3d 596, 598 citing 682.15, Fla. Stat. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. Case #: Judge: II. D. Defendant shall preserve all records of all efforts made to preserve and divest the Divestiture Assets. K. Prior to the sale of Divestiture Assets, Enova shall not transfer any of the Divestiture Assets to any affiliate not regulated as a public utility by the CPUC. Share sensitive information only on official, secure websites. Motion for Final Judgement. A .gov website belongs to an official government organization in the United States. Adding your team is easy in the "Manage Company Users" tab. In deciding a Rule 54 (b) motion, a court must first find that there has been a final judgment. Notice of Social Security Number (Only 1 Notice of Social Security Number form is required UNLESS you are filing "Uncontested" divorce paperwork. A. 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. Defendant may request that information in such reports that has been provided as confidential by the Defendant be deemed confidential by the trustee. 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. 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. 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. The Complaint states a claim upon which relief may be granted against Defendant under Section 7 of the Clayton Act, as amended. A partition can be in kind or in money. 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. 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. Judge WALKER, STEPHEN presiding. H. Defendant shall continue all efforts in progress to obtain or maintain all permits necessary for operating their electricity generating capacity. The defendant files a motion for summary judgment seeking dismissal of the claims for negligence and breach . 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. DEFENDANT/COUNTERCLAIMANT'S MOTION FOR FINAL DEFAULT JUDGMENT . For full print and download access, please subscribe at https://www.trellis.law/. 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. This second step in the process constitutes a final judgment . 16 (b)-(h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. It is now appropriate for the Court to make the public interest determination required by 15 U.S.C. These challenges are known to attorneys as Collateral jurisdictional attacks. You can always see your envelopes to dissolve this garnishment pursuant to Florida Statutes 77.05. 18 (West 1997). 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. try clicking the minimize button instead. Evident partiality by an arbitrator appointed as a neutral arbitrator; 2. 73 West Flagler Street, Room 138. We noticed that you're using an AdBlocker, MOTION FOR ENTRY OF FINAL JUDGMENT - (JOINT MOTION). 16 (b)- (h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. 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. Your content views addon has successfully been added. "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. 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. May request that the court to make the public interest determination required by 15 U.S.C requested the. We noticed that you 're using an AdBlocker, motion for SUMMARY judgment any state documents. Defendant under Section 7 of the default judgment typically are performed at the time... 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