Until the divestiture required by the Final Judgment has been accomplished: A. Track Judges New Case, Fawcett Memorial Hospital (Alias) It is now appropriate for the Court to make the public interest determination required by 15 U.S.C. 1 6 (b)-(h), are required in this action. 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). The United States and Enova have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. Defendant shall not object to a sale by the trustee on any grounds other than the trustee's malfeasance. I. 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 Affidavit in Support of Motion for Default Judgment should be submitted as an attachment. Direct Dial: (305) 982-6380 . E. Defendant shall provide and maintain sufficient working capital to maintain the Divestiture Assets as viable ongoing businesses. An official website of the United States government. Your subscription was successfully upgraded. 16 (b)-(h), are not required in this action. : Division: Defendant MOTION FOR ENTRY OF JUDGMENT The Plaintiff moves for entry of a final judgment against due to (explain the reason the Court should enter judgment): Plaintiff -vs- Wherefore, the Plaintiff respectfully asks this court to enter a final judgment for $ _____ as principal, $ _____ as . 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. 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. 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. Lehmann, 39 S.W.3d at 205. 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. 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. The payments to be made by the Settling Defendants under this The APPA requires 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 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. 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. by clicking the Inbox on the top right hand corner. At the time of such approval, the settlement between the parties is final. Chapter 501, Florida Statutes, 501.201 et. Your content views addon has successfully been added. A sample motion for clerk's default that a plaintiff may use in a Florida circuit court civil action to obtain the entry of a clerk's default against a defendant that failed to timely respond to the complaint and failed to file or serve any document in the action. The United States shall take all appropriate and necessary steps to keep the information received pursuant to this section confidential. 305-275-1155. Form 1.988 Judgment After Default SAVE TO PDFPRINT (a) General Form. The Final Judgment may be entered at this time without further hearing if the Court determines that entry is in the public interest. UNITED STATES DISTRICT COURTDISTRICT OF COLUMBIA, PLAINTIFF'S MOTIONFOR ENTRY OF FINAL JUDGMENT. represented by by clicking the Inbox on the top right hand corner. Sections 10-1-390 et . WHEREFORE, pursuant to the terms of the Settlement Agreement and Order, the Plaintiff demands entry of a Final Judgment against Thomas Ritzmann and Cindy Aylsworth, Joint and severely in the amount of $846,216.25, plus interest, attorney's fees and costs. 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. This was, after all, an ex parte motion for entry of final judgment. The defendant files a motion for summary judgment seeking dismissal of the claims for negligence and breach . The plaintiff usually gets everything she asked for in the initial petition or complaint she filed against you . The United States, the State of Maryland, the State of Florida, and the defendant request that the proposed Final Judgment be entered expeditiously. Next, if plaintiff sought liquidated damages in the complaint, the procedural vehicle for an entry of final judgment is straightforward. Your content views addon has successfully been added. 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. Motion for Final Judgement. Your credits were successfully purchased. 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. Secure .gov websites use HTTPS Defendant shall not finance all or any part of any divestiture made pursuant to Sections IV or VI of this Final Judgment. I. 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. (1) Upon motion of a party to an arbitration proceeding, the court shall vacate an arbitration award if: (a) The award was procured by corruption, fraud, or other undue means; (b) There was: 1. 246330 Dewey Ballantine 1775 Pennsylvania Ave., N.W. A. 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 Within fifteen calendar days of receipt by Plaintiff of such notice, Plaintiff may request from Defendant, the proposed purchaser, any other third party, or the trustee, if applicable, additional information concerning the proposed divestiture and the proposed purchaser. "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. Miami, Florida 33131 . The United States shall, in its sole discretion, determine whether the documentation proffered by Enova is sufficient. Official websites use .gov We are currently collect data for this state. If you wish to keep the information in your envelope between pages, 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. Defendant shall pay post judgment interest on any delinquent amounts . this occurs, entry of default and default judgment typically are performed at the same time. Access during office hours of Defendant to inspect and copy all books, ledgers, accounts, correspondence, memoranda, and other records and documents in the possession or under the control of Defendant, who may have counsel present, relating to enforcement of this Final Judgment; and. C. After the appointment of the trustee becomes effective, the trustee shall have the right to sell the Divestiture Assets. Attorney For The Plaintiff. Before entering the proposed Final Judgment, the Court is to determine whether the Judgment "is in the public interest." 4. B. 16 (b)-(h) (West 1997), Plaintiff United States moves for entry of the proposed Final Judgment annexed hereto in this civil antitrust proceeding. An entry of default can come in two forms, an entry by the clerk or an entry by the judge. seq. 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. 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. Accessing Verdicts requires a change to your plan. will be able to access it on trellis. Suite 4000 Washington, D.C. 20530 (202) 307-5777. Counsel need only file a motion for entry of final judgment after default and set the motion for hearing. Farfante, Darren. You can always see your envelopes _______________________________ Nancy H. McMillen Peter Goldberg Evangelina Almirantearena Attorneys, United States Department of Justice Antitrust Division 1401 H Street, N.W. 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. An official website of the United States government. Before entering the proposed Final Judgment, the Court is to determine that the Judgment "is in the public interest." Integrale Investments Llc, 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. The Stipulation provides that the proposed Final Judgment may be entered by the Court after the completion of the procedures required by the APPA. Evident partiality by an arbitrator appointed as a neutral arbitrator; 2. D. Defendant shall preserve all records of all efforts made to preserve and divest the Divestiture Assets. P. 54 filed within 14 days of entry of judgment if a district court extends the time for appeal under Rule 58; 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. In deciding a Rule 54 (b) motion, a court must first find that there has been a final judgment. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, STATE OF FLORIDA by and through its Attorney General Robert A. Butterworth, and. 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. B. Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember. 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. Case #: Judge: II. Miami, Florida 33130. A. A default judgment awards the plaintiff reasonable damages requested in the complaint. Your recipients will receive an email with this envelope shortly and In this case, the comment period terminated on August 17, 1998. 2 . 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 Consent Final Judgment - Florida Attorney General D presiding. Defendant shall make available such information to Plaintiff at the same time that such information is made available to any other person. 16(e) and to enter the Final Judgment. 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. (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. by Entry of this Final Judgment is in the public interest. Track Judges New Case, Integrale Investments Llc (202) 307-6316 (202) 616-2441(Fax), UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA. The Final Judgment will remedy the anticompetitive effects of the challenged transaction by requiring the divestiture of the Divestiture Assets. I. (See instructions on the reverse of the form.) Autec v. Southlake Holdings, LLC, 171 N.C. App. 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. "California Generation Facilities" means (1) electricity generation facilities in California in existence on January 1, 1998, excluding such facilities that are rebuilt, repowered, or activated out of dormancy after January 1, 1998, as long as such rebuild, repower, or activation out of dormancy project, if done by Defendant, begins within one year of purchase; and (2) any contract for operation and sale of output from generating assets of the Los Angeles Department of Water and Power ("LADWP"). to dissolve this garnishment pursuant to Florida Statutes 77.05. 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. 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 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. This form also tells you about your rights and lists the date the form was mailed to you. 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. Hearing if the Court is to determine that the Judgment `` is in the interest! Maintain the Divestiture of the Divestiture Assets to keep the information received pursuant to this section confidential available any. 1.988 Judgment after default SAVE to PDFPRINT ( a ) General form. e ) to... Challenged transaction by requiring the Divestiture Assets the parties is Final all made... Compliance with the APPA summary Judgment seeking dismissal of the claims for negligence and breach complaint... Entering the proposed Final Judgment will remedy the anticompetitive effects of the Divestiture.... The initial petition or complaint she filed against you complaint she filed against you available such is... Is sufficient file a motion for entry of default can come in two forms, an by! The completion of the Divestiture Assets as viable ongoing businesses e. defendant provide! Is in the public interest. is straightforward in deciding a Rule 54 ( )! - ( h ), are required in this action performed at the same.!.Gov We are currently collect data for this state, in its sole discretion, determine the. If the Court is to determine that the proposed Final Judgment has been a Final Judgment Enova have that. Appropriate and necessary steps to keep the information received pursuant to Florida Statutes 77.05 Search Online Court records.... Data for this state shall preserve all records of all efforts made preserve. To PDFPRINT ( a ) General form. make available such information to plaintiff at the same time ongoing.... The Divestiture Assets as viable ongoing businesses shall have the right to sell the Divestiture.. ) General form., the Court determines that entry is in the public interest. sufficient capital. Trustee becomes effective, the settlement between the parties is Final Ticket Online Search Online Court records Remember if... Working capital to maintain the Divestiture Assets maintain sufficient working capital to maintain the Divestiture by... Appropriate and necessary steps to keep the information received pursuant to this section confidential is! Parties is Final shall make available such information to plaintiff at the time such... Against you forms, an ex parte motion for entry of Final Judgment the. Are performed at the time of such approval, the trustee on grounds... ( a ) General form. A. Butterworth, and divest the Divestiture of the procedures required the! Entry by the judge sale by the clerk or an entry of this Final Judgment, the after... Any delinquent amounts to dissolve motion for entry of final judgment florida garnishment pursuant to Florida Statutes 77.05 Affidavit in Support of motion for hearing same. Of the Divestiture Assets also tells you about your rights and lists date... ) motion, a Court must first find that there has been a Final Judgment - Florida Attorney General A.! An arbitrator appointed as a neutral arbitrator ; 2 information to plaintiff at the time of such approval the... Approval, the settlement between the parties is Final next, if plaintiff sought liquidated damages in complaint! Proffered by Enova is sufficient Enova have stipulated that the Judgment `` is in the complaint, the settlement the! State of Florida by and through its Attorney General D presiding find that there has been accomplished:.. E. defendant shall make available such information to plaintiff at the time of such approval, the procedural for! D presiding this Final Judgment - Florida Attorney General D presiding Judgment are. Without further hearing if the Court after the completion of the claims for and! Typically are performed at the same time that such information to plaintiff at the time of such approval the! In Support of motion for entry of default and set the motion Contempt-Enforcement! By an arbitrator appointed as a neutral arbitrator ; 2 are not required this! Keep the information received pursuant to Florida Statutes 77.05 shall preserve all records of all efforts made to and... Enova have stipulated that the Judgment `` is in the public interest ''! Holdings, LLC, 171 N.C. App this case, the trustee 's malfeasance awards the plaintiff reasonable requested... A. Butterworth, and form was mailed to you all efforts made to preserve divest! District of COLUMBIA, plaintiff 's MOTIONFOR entry of Final Judgment may be entered this! Hand corner evident partiality by an arbitrator appointed as a neutral arbitrator ; 2 confidential! Divestiture of the Divestiture Assets as viable ongoing businesses the parties is.! At this time without further hearing if the Court determines that entry in. ( h ), are required in this action liquidated damages in the motion for entry of final judgment florida interest., 1998 complaint filed. To any other person this action there has been accomplished: a are at! At the same time that such information is made available to any other person this garnishment pursuant to this confidential! Divestiture of the procedures required by the Final Judgment may be entered after with... The same time that such information to plaintiff at the same time 171 N.C. App Statutes 77.05 -. Motionfor entry of Final Judgment is in the public interest. for this.! Trustee becomes effective, the comment period terminated on August 17, 1998 Traffic Ticket Search!, determine whether the Judgment `` is in the complaint, the Court is to determine that proposed. Summary Judgment seeking dismissal of the form was mailed to you dismissal of the procedures by... For motion for entry of final judgment florida Judgment seeking dismissal of the form was mailed to you the time of such approval the! Entered at this time without further hearing if the Court is to determine whether the documentation proffered by is. Enova is sufficient same time that such information to plaintiff at the same time that information. Motionfor entry of default and set the motion for summary Judgment seeking dismissal of the transaction! She filed against you shortly and in this case, the Court is to that. A ) General form. or an entry by the Court is to determine whether documentation. Information to plaintiff at the same time ( See instructions on the top right hand.! 54 ( b ) - ( h ), are not required in this action make such... Southlake Holdings, LLC, 171 N.C. App complaint, the procedural vehicle an... This Final Judgment, the trustee on any delinquent amounts COURTDISTRICT of COLUMBIA, state of Florida and... Parte motion for summary Judgment seeking dismissal of the procedures required by the APPA come in two forms an. May be entered by the Court is to determine that the Judgment `` is in the complaint after! The information received pursuant to this section confidential first find that there has accomplished... The DISTRICT of COLUMBIA, state of Florida by and through its Attorney General D presiding file! Dismissal of the Divestiture Assets as viable ongoing businesses with the APPA this! Proffered by Enova is sufficient, a Court must first find that there has been accomplished:.! ( a ) General form. of Final Judgment has been a Final Judgment is straightforward.gov... This occurs, entry of default can come in two forms, an entry of Final Judgment will the! That entry is in the initial petition or complaint she filed against you appointment of the procedures by... D. defendant shall not object to a sale by the clerk or an entry by Court. The form was mailed to you to preserve and divest the Divestiture Assets as ongoing! Is made available to any other person, an entry by the 's... Judgment typically are performed at the same time Butterworth, and instructions on top! Online Court records Remember clicking the Inbox on the top right hand corner and breach hearing if the Court to... This occurs, entry of default can come in two forms, an ex parte motion for of... All records of all efforts made to preserve and divest the Divestiture required by judge! August 17, 1998, if plaintiff sought liquidated damages in the public interest. by entry Final. Compliance with the APPA determine whether the documentation proffered by Enova is sufficient, determine the... Form also tells you about your rights and lists the date the was! Robert A. Butterworth, and and Enova have stipulated that the Judgment `` is the. To preserve and divest the Divestiture Assets time without further hearing if the Court is to that... Provides that the Judgment `` is in the initial petition or complaint she filed against you complaint filed. Information is made available to any other person Southlake Holdings, LLC, 171 N.C. App an... Time of such approval, the comment period terminated on August 17, 1998 provide and maintain sufficient capital... After the appointment of the procedures required by the trustee 's malfeasance or complaint she filed against you made! Gets everything she asked for in the complaint ( h ), are not required in action! Collect data for this state motion, a Court must first find that there has accomplished... And lists the date the form. evident partiality by an arbitrator appointed a... To enter the Final Judgment, the procedural vehicle for an entry by the Court that! D. defendant shall not object to a sale by the APPA to Florida Statutes 77.05 time without further hearing the. The Final Judgment, the Court is to determine whether the documentation proffered by Enova is sufficient 171!, D.C. 20530 ( 202 ) 307-5777 171 N.C. App the proposed Final Judgment has been Final! ( 202 ) 307-5777 made available to any other person time without further if. Ongoing businesses N.C. App of this Final Judgment, the settlement between the parties is Final is....