Plaintiff has incurred costs as result of this garnishment. 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 . 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. 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. The party who won can ask for an award of costs and sometimes attorney fees from the other party, unless those were already . The Rule in Florida for a Clerk's entered default is 1.500 (a), which provides: 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. Such prior approval shall be within the sole discretion of the United States. Defendant is hereby ordered and directed, in accordance with the terms of this Final Judgment, and specifically in accordance with the schedule in this section, to divest the Divestiture Assets to a purchaser or purchasers acceptable to the United States, in its sole discretion. There has been no showing that the proposed settlement constitutes an abuse of the Justice Department's discretion or that it is not within the zone of settlements consistent with the public interest. The 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. Pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C.A. when new changes related to " are available. The Florida Rules of Civil Procedure do not authorize rehearing of non-final orders, and so filing . 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. Cogeneration facilities--Defendant may own, operate, or control any cogeneration or renewable generation facilities in California. 16 (b)- (h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. Your alert tracking was successfully added. Entry of ex parte orders are very much disfavored in the law. 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. There is no time limit on filing a motion for relief from judgment if the judgment itself is void. "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. Judgment or Decree. The purpose of a summary judgment is to avoid . 16(b). Secure .gov websites use HTTPS 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. 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. E. "Control" means to have the ability to set the level of output of an electricity generation facility. Your content views addon has successfully been added. A .gov website belongs to an official government organization in the United States. 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. 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- 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. 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). allegations / or separate affidavit if Children) _____ Restoration of former name pled? "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. Your subscription was successfully upgraded. 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. Defendant is entitled to entry of a court order enforcing the Settlement Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember. Upon objection by Defendant under the proviso in Section VI(C), a divestiture proposed under Section VI shall not be consummated. Defendant shall deliver to Plaintiff an affidavit describing any changes to the efforts and actions outlined in Defendant's earlier affidavits filed pursuant to this section within thirty calendar days after the change is implemented. These instructions apply only to state court. How to Structure the Motion. A general principle is that a motion for attorneys' fees must be filed in the trial court within a reasonable time after final judgment. 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. P. 59 filed within 28 days of entry of judgment; Motions for attorney's fees under Fed. _________________________________________ Plaintiff Certificate of Service. proposed Final Judgment state, the defendant has agreed to pay civil penalties totaling $250,000 within thirty days of entry of the Final Judgment. What Is a Petition for Writ of Administrative Mandate. Suite 4000 Washington, D.C. 20530 (202) 307-5777. The defendant files a motion for summary judgment seeking dismissal of the claims for negligence and breach . 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. will be able to access it on trellis. Attach the pdf of the Motion for Default Judgment. Defendant has informed Plaintiff that Defendant consents to the entry of the Final Judgment in this matter. If the form you are looking for is not available on this site, consider searching the Florida Courts or other websites. The court reserves jurisdiction to consider a timely motion to tax costs and attorney's fees." 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 . The United States, the State of Maryland, the State of Florida, and the defendant request that the proposed Final Judgment be entered expeditiously. Track Judges New Case, Fawcett Memorial Hospital (Alias) For full print and download access, please subscribe at https://www.trellis.law/. G. If the trustee has not accomplished the divestiture required by Section IV of this Final Judgment within six months after the appointment of the trustee becomes effective, the trustee shall promptly file with the Court a report setting forth (1) the trustee's efforts to accomplish the required divestiture, (2) the reasons, in the trustee's judgment, why the required divestiture has not been accomplished, and (3) the trustee's recommendations; provided, however, that to the extent such reports contain information that the trustee deems confidential, such reports shall not be filed in the public docket of the Court. Entry of default is an interlocutory order and is therefore not immediately appealable. II. Your recipients will receive an email with this envelope shortly and We will email you Defendant shall pay post judgment interest on any delinquent amounts . Bouknight, Jr. David R. Roll James B. Moorhead Steptoe & Johnson LLP 1330 Connecticut Ave., N.W. and proposed Final Judgment indicate, Defendant Gates has agreed to pay civil penalties totaling $800,000 within 30 days of entry of the Final Judgment. C. Enova's obligation to divest an asset shall terminate if any governmental authority permanently revokes any license or permit necessary for the operation of such asset, properly exercises power or eminent domain with respect to such asset, or enters into a settlement agreement with Enova regarding the disposition of such asset to a third party. FL Statute: 12.930 (a) Packets: n/a. application or motion for additional relief within the jurisdiction of this Court, and will For the first three reasons, a motion must be made within one year of the judgment being entered. 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. 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. Defendant shall not finance all or any part of any divestiture made pursuant to Sections IV or VI of this Final Judgment. Lawsuit Forms Summons Complaint Answer a Lawsuit Motion to Dismiss Admissions Interrogatories Production Motion to Compel Entry of Default 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. . UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, STATE OF FLORIDA by and through its Attorney General Robert A. Butterworth, and. The APPA requires 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. A. A limited number of forms are available for download from myorangeclerk.com. Enova may reject any bid submitted by any party for all or part of the Divestiture Assets if the bid offers consideration in an amount less than the book value of such assets as reflected on the most recent regularly prepared balance sheet of Enova at the time the bid is submitted; provided, however, that nothing in this section shall prevent the CPUC from setting a minimum bid price or rejecting any bid on the basis of price or otherwise. 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. The procedures of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. B. 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 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. Outside California--Defendant may own, operate, control, or acquire any electricity generation facilities other than California Generation Facilities. The Stipulation provides that the proposed Final Judgment may be entered by the Court after the completion of the procedures required by the APPA. Please wait a moment while we load this page. We are currently collect data for this state. Lloyd Md, Beth, 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. Your recipients will receive an email with this envelope shortly and 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. Judge WALKER, STEPHEN presiding. This is the formal written document about the outcome of a lawsuit. MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. 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. The Hold Separate Stipulation and Order requires BFI to preserve, hold, and continue to operate the assets that may be divested under the Final Judgment as separate ongoing businesses. 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. 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. Absent written notice that the United States does not object to the proposed purchaser or upon objection by the United States, a divestiture proposed under Section IV or Section VI shall not be consummated. This form also tells you about your rights and lists the date the form was mailed to you. 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. Enova may structure its requests for bids to require reasonable easements, licenses, and other arrangements for the continued operation of Common Facilities by Enova. Your subscription has successfully been upgraded. Entry of this Final Judgment is in the public interest. 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. Knutsson, Keith, and Your credits were successfully purchased. The United States filed Comments on the Proposed Final Judgment and the United States' Response to the Comments on March 2, 1995. In deciding a Rule 54 (b) motion, a court must first find that there has been a final judgment. 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. in the jurisdiction of Sarasota County. 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. 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. Share sensitive information only on official, secure websites. 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. 12-034123 (07) . The applicable Statutes, Rules and the Florida Supreme Court holding in Expedia establish that Sarasota County acted improperly in assessing T DT against Plaintiff. Defendant shall make available such information to Plaintiff at the same time that such information is made available to any other person. A. 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. Sections 10-1-390 et . A motion for default does not end your case in most states. 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. Within thirty calendar days of the filing of this Final Judgment and every forty-five calendar days thereafter until the divestiture has been completed whether pursuant to Section IV or Section VI of this Final Judgment, Enova shall, with respect to Divestiture Assets, deliver to Plaintiff an affidavit as to the fact and manner of Defendant's compliance with Sections IV or VI of this Final Judgment. ASSENTED-TO MOTION FOR ENTRY OF JUDGMENT Plaintiff Commonwealth of Massachusetts moves for entry of the Judgment . Defendant may request that information in such reports that has been provided as confidential by the Defendant be deemed confidential by the trustee. Accessing Verdicts requires a change to your plan. 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. Accordingly, the Parties jointly move this Court for entry of a final judgment, substantially in the form attached hereto as Exhibit 1. Judge Farfante, Darren. 16 (b)- (h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. The Court reserves jurisdiction over the parties and this action to enforce the terms of this perma nent injunction through . Counsel need only file a motion for entry of final judgment after default and set the motion for hearing. 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. 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. 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. 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. I hereby certify that I have caused a copy of the foregoing Plaintiff's Motion for Entry of Final Judgment to be served on counsel for Defendant and for Southern California Edison Company in this matter in the manner set forth below: J.A. 16(e) and to enter the Final Judgment. Eviction (Form 78) and/or a Motion for Default Final judgment - Damages (Residential Eviction) (Form 79) with an Affidavit of Damages (Form 80). Your alert tracking was successfully added. Your subscription has successfully been upgraded. 15 U.S.C.A. 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. Direct Dial: (305) 982-6380 . 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. MOTION FOR ENTRY OF FINAL JUDGMENT - (JOINT MOTION) February 13, 2017. Review the text and proceed, if correct. After a hearing, the trial court denied the motion to set . DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT. Acquisitions above the cap--In any event, the Defendant may acquire or control, California Generation Facilities in excess of 500 MW, subject to the prior approval of the United States as provided in Paragraphs V(A)(1) and V(A)(2). 147, 149 (2005). 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. Share sensitive information only on official, secure websites. 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. H. Defendant shall continue all efforts in progress to obtain or maintain all permits necessary for operating their electricity generating capacity. will be able to access it on trellis. R. Civ. 16 (b)-(h), are not required in this action. It is a final ruling in the case, and no further testimony or evidence is heard. The California Auction Procedures shall be deemed to satisfy this requirement. In a judicial partition, the property of co-owners is partitioned by the courts based on the evidence produced by the parties. Subject to a customary confidentiality agreement, the trustee and any consultants, accountants, attorneys, and other persons retained by the trustee shall have full and complete access to the personnel, books, records, and facilities related to the Divestiture Assets, and Defendant shall develop such financial or other information relevant to the Divestiture Assets to be divested customarily provided in a due diligence process as the trustee may reasonably request. In the event that Defendant's total retail electricity sales at any point exceed 8,000 MW capacity, the total capacity ownership limit in Section V(B)(1) of this Final Judgment will be increased up to 10% of such retail electricity sales. There, the Florida Supreme Court . Defendant shall use all reasonable efforts to maintain and increase sales of electricity by the Divestiture Assets, and Defendant shall use reasonable efforts to maintain and increase promotional, advertising, sales, marketing, and merchandising support for wholesale electricity sold in California.

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