Defendant has informed Plaintiff that Defendant consents to the entry of the Final Judgment in this matter. This date is very important. "On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect" Establishing the Required Elements for Relief from Default in Florida Tolling agreements--Defendant may enter into tolling and reverse tolling agreements with any electricity generation facilities in California, provided Defendant does not control such facilities; provided further, that all such tolling and reverse tolling agreements include the following provision: "In accordance with the Final Judgment in. Share sensitive information only on official, secure websites. 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). 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. 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. Miami, Florida 33131 . 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. 18 (West 1997). 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. A. The motion must have certain supporting documents: (i) plaintiff's affidavit detailing the complaint's factual allegation (including the calculation . Defendant, DEFENDANT (hereinafter "Defendant"), pursuant to Florida Small Claims. 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. 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. Final judgments after default may be entered by the court at any time, but no judgment may be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other representative who has appeared in it or unless the court has made an order under rule 1.210 (b) providing that no 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). Autec v. Southlake Holdings, LLC, 171 N.C. App. 16(b). Rule 55(c) is amended to make plain the interplay between Rules 54(b), 55(c), and 60(b). 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. Only for the purposes of determining or securing compliance with the Final Judgment and subject to any legally recognized privilege, from time to time: A. Duly authorized representatives of the Plaintiff, including consultants and other persons retained by the United States, upon written request of the Assistant Attorney General in charge of the Antitrust Division, and on reasonable notice to Defendant made to their principal offices, shall be permitted: B. Due process requires strict compliance with any agreement that permits the entry of an ex parte judgment. in the jurisdiction of Sarasota County. Similarly, in Plaintiff's Response, filed with the Court on January 11, 1999, the United States explained how the issues raised in the comments are not relevant to the Court's determination that entry of the proposed Final Judgment is in the public interest. These instructions apply only to state court. Defendant shall not object to a sale by the trustee on any grounds other than the trustee's malfeasance. Pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C.A. P. 52(b) filed within 28 days of entry of judgment; Motions to alter or amend the judgment or to grant a new trial under Fed. An entry of default can come in two forms, an entry by the clerk or an entry by the judge. What Is a Motion for Judgment Notwithstanding the Verdict. 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. 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. ____________________________ United States District Judge. 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. How to Structure the Motion. D That explanation is incorporated here by reference. this occurs, entry of default and default judgment typically are performed at the same time. The Final Judgment may be entered at this time without further hearing if the Court determines that entry is in the public interest. 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 Final Judgment may be entered at this time without further hearing, if the court determines that entry is in the public interest. This second step in the process constitutes a final judgment . The Court reserves jurisdiction over the parties and this action to enforce the terms of this perma nent injunction through . 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. Your content views addon has successfully been added. The procedures of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. For the first three reasons, a motion must be made within one year of the judgment being entered. 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, Facsimile: (305) 536-4154 . Evident partiality by an arbitrator appointed as a neutral arbitrator; 2. Your subscription was successfully upgraded. An official website of the United States government. Your credits were successfully purchased. Plaintiff, Kiley, Timothy Courts can convert an equitable estate into a legal estate [i]. 246330 Dewey Ballantine 1775 Pennsylvania Ave., N.W. 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. 16 (b)- (h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. Before entering the proposed Final Judgment, the Court is to determine whether the Judgment "is in the public interest." This is the formal written document about the outcome of a lawsuit. I. If the form you are looking for is not available on this site, consider searching the Florida Courts or other websites. E. Defendant shall provide and maintain sufficient working capital to maintain the Divestiture Assets as viable ongoing businesses. 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. Plaintiff has incurred costs as result of this garnishment. Miami-Dade County Courthouse. C. After the appointment of the trustee becomes effective, the trustee shall have the right to sell the Divestiture Assets. 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. Judge WALKER, STEPHEN presiding. 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. 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. Accessing Verdicts requires a change to your plan. (2018).) C. "California Public Power Generation Management Services Contract" means a bona fide contract for managing the operation and sale of output from California Generation Facilities owned by a municipality, an irrigation district, other California state authority, or their agents on January 1, 1998; provided, however, that a contract for managing the operation and sale of output from generation assets of LADWP shall not be deemed a California Public Power Generation Management Services Contract. VON KAHLE, et al, ) CASE NO. It is now appropriate for the Court to make the public interest determination required by 15 U.S.C. You will lose the information in your envelope. It is a final ruling in the case, and no further testimony or evidence is heard. The United States and Enova have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. Defendant . 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. Sections 10-1-390 et . Judgment or Decree. 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. FORM 1.998. Such prior approval shall be within the sole discretion of the United States. 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. 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. Courts have the authority to determine the legal owners of a property. It is now appropriate for the Court to make the public interest determination required by 15 U.S.C.A. Before entering the proposed Final Judgment, the Court is to determine that the Judgment "is in the public interest." The Clerk has entered a default on February 5, 2014, against Defendant Angela Marino. 3. The plaintiff usually gets everything she asked for in the initial petition or complaint she filed against you . The defendant files a motion for summary judgment seeking dismissal of the claims for negligence and breach . 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. Your content views addon has successfully been added. IN AND FOR BROWARD COUNTY FLORIDA PHILIP J. Outside California--Defendant may own, operate, control, or acquire any electricity generation facilities other than California Generation Facilities. Next, if plaintiff sought liquidated damages in the complaint, the procedural vehicle for an entry of final judgment is straightforward. A Certificate of Compliance, certifying that the parties have complied with all applicable provisions of the APPA and that the waiting period has expired, has been filed simultaneously with this Court. Fawcett Memorial Hospital, 16. 15 U.S.C.A. Your recipients will receive an email with this envelope shortly and Until the divestiture required by the Final Judgment has been accomplished: A. DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT. ASSENTED-TO MOTION FOR ENTRY OF JUDGMENT Plaintiff Commonwealth of Massachusetts moves for entry of the Judgment . The Court will retain jurisdiction to construe, modify or enforce the Final Judgment. 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. A motion for summary judgment under Florida law is a document that's ultimately used to bring a case to a close or move it forward within the legal system. 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. D. If at the time information or documents are furnished by Defendant to Plaintiff, Defendant represents and identifies in writing the material in any such information or documents to which a claim of protection may be asserted under Rule 26(c)(7) of the Federal Rules of Civil Procedure, and Defendant marks each pertinent page of such material, "Subject to claim of protection under Rule 26(c)(7) of the Federal Rules of Civil Procedure," then ten calendar days notice shall be given by Plaintiff to Defendant prior to divulging such material in any legal proceeding, other than a grand jury proceeding. The Court shall thereafter enter such orders as it shall deem appropriate to accomplish the purposes of this Final Judgment, which shall, if necessary, include extending the term of the trustee's appointment by a period requested by the United States. There is no time limit on filing a motion for relief from judgment if the judgment itself is void. If the Landlord is seeking a Default Final judgment - Damages (Residential Eviction), a copy of the motion and affidavit must be served on the Defendant. Corruption by an arbitrator; or 3. Lloyd Md, Beth, P. 54 filed within 14 days of entry of judgment if a district court extends the time for appeal under Rule 58; 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.". (See instructions on the reverse of the form.) United States' Certificate of Compliance with the Provisions of the Antitrust Procedures and Penalties Act ("the Certificate of Compliance"), setting forth the steps taken by the parties to comply with all applicable provisions of the APPA and certifying that the statutory waiting period has expired, has been filed simultaneously with this Motion. Dana J. Watts, Attorney for Plai Florida Bar Number: 02921741 1620 Main Street Suite One . Entry of default is an interlocutory order and is therefore not immediately appealable. 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. You can always see your envelopes Defendant shall inform any person making an inquiry regarding a possible purchase that the sale is being made pursuant to this Final Judgment and provide such person with a copy of this Final Judgment. A. It's a way for one party to request that the court rule on a particular issue in a case. 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 . Please wait a moment while we load this page. The court reserves jurisdiction to consider a timely motion to tax costs and attorney's fees." J. Accordingly, the Parties jointly move this Court for entry of a final judgment, substantially in the form attached hereto as Exhibit 1. Washington, DC 20036, Final Judgments + Proposed Final Judgments, This document is available in two formats: this web page (for browsing content) and. 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. 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. 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. Such prior approval shall be within the sole discretion of the trustee 's malfeasance has informed plaintiff that consents... Time limit on filing a motion for Judgment Notwithstanding the Verdict & ;. 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