motion for entry of final judgment florida

motion for entry of final judgment florida

At the time of such approval, the settlement between the parties is final. 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. 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. The motion must have certain supporting documents: (i) plaintiff's affidavit detailing the complaint's factual allegation (including the calculation . 4. Courts can convert an equitable estate into a legal estate [i]. C. After the appointment of the trustee becomes effective, the trustee shall have the right to sell the Divestiture Assets. Facsimile: (305) 536-4154 . 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. Upon the written request of the Assistant Attorney General in charge of the Antitrust Division made to Defendant's principal offices, Defendant shall submit such written reports, under oath if requested, with respect to any matter contained in the Final Judgment. against The plaintiff must typically take one more step and ask for a final judgment against you after default is entered. 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. Your subscription was successfully upgraded. In making that determination, the court may consider: 15 U.S.C. This is the formal written document about the outcome of a lawsuit. Adding your team is easy in the "Manage Company Users" tab. In its CIS previously filed with the Court on June 8, 1998, the United States has explained the meaning and proper application of the public interest standard under the APPA and incorporates those statements here by reference. In the event that Defendant divests all of its existing nuclear generation assets, the total ownership capacity limit in Section V(B)(1) of this Final Judgment will increase to 800 MW; however, in no event shall the total ownership capacity limit in Section V(B)(1) exceed the greater of 500 MW or 10% of Defendant's total electricity retail sales. fair, adequate, and reasonable. You can always see your envelopes Attorney For The Plaintiff. 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. 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. Please wait a moment while we load this page. A. Share sensitive information only on official, secure websites. An official website of the United States government. Judgment or Decree. 8:2010cv00922 - Document 10 (M.D. 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. "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 After five years from the date it is entered, this Final Judgment shall terminate if Defendant demonstrates to the Court that (1) it no longer owns any of its existing nuclear assets, or (2) such assets are no longer in operation, or (3) the output of those nuclear assets is required by law or regulation to be sold at a fixed price. These instructions apply only to state court. 1 Capitalized terms are defined in the contemporaneously filed Judgment. The APPA requires Acquisition cap--Defendant may acquire or control California Generation Facilities without prior approval of the United States if Defendant does not own or control, in the aggregate, more than 500 MW of capacity of California Generation Facilities. 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 . I. 16(e) and to enter the Final Judgment. Defendant shall not finance all or any part of any divestiture made pursuant to Sections IV or VI of this Final Judgment. Due process requires strict compliance with any agreement that permits the entry of an ex parte judgment. represented by FL Statute: 12.930 (a) Packets: n/a. Question: Did the trial court abuse its discretion when the senior judge 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. In this case, the sixty-day comment period commenced on December 15, 1994, and terminated on February 13, 1995. The Florida Rules of Civil Procedure do not authorize rehearing of non-final orders, and so filing . Upon objection by Defendant under the proviso in Section VI(C), a divestiture proposed under Section VI shall not be consummated. Helmich v. Wells Fargo Bank, N.A., 136 So.3d 763, 765 (Fla. 1 st DCA 2014). Dana J. Watts, Attorney for Plai Florida Bar Number: 02921741 1620 Main Street Suite One . The approvals by the United States required by this Final Judgment for sale of Divestiture Assets are in addition to the necessary approvals by the CPUC or any other governmental authorities for the sale of such assets. The United States shall, in its sole discretion, determine whether the documentation proffered by Enova is sufficient. Your subscription was successfully upgraded. 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. 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 payments to be made by the Settling Defendants under this The Final Judgment may be entered at this time without further hearing, if the court determines that entry is in the public interest. when new changes related to " are available. 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 California Auction Procedures shall be deemed to satisfy this requirement. Pcgl Llc, The plaintiff usually gets everything she asked for in the initial petition or complaint she filed against you . 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. Motion for Final Judgement. 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 court must then 'issue a confirming order unless the award is modified or . This was, after all, an ex parte motion for entry of final judgment. The trustee shall have the power and authority to accomplish the divestiture at the best price then obtainable upon a reasonable effort by the trustee, subject to the provisions of Sections VI and VII of this Final Judgment, and shall have such other powers as the Court shall deem appropriate. Miami, Florida 33131 . MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. Adding your team is easy in the "Manage Company Users" tab. Your content views addon has successfully been added. 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. Fla. 2010) Court Description: FINAL JUDGMENT and ORDER granting Plaintiff's Motion for Entry of Default Judgment 9 and Permanent Injunction Against Defendant David Perkins. Suite 4000 Washington, D.C. 20530 (202) 307-5777. Ritsema, 5D18-762 (Fla. 5th DCA January 24, 2020) in which the court entered an amended final judgment ten months after the original final judgment was entered. Hoffman, Matthew P, 16 (b)-(h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. A. try clicking the minimize button instead. 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. 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. Defendant may request that information in such reports that has been provided as confidential by the Defendant be deemed confidential by the trustee. 16(b). 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. (2018).) Kiley, Timothy, If the form you are looking for is not available on this site, consider searching the Florida Courts or other websites. Judge WALKER, STEPHEN presiding. The APPA requires a sixty-day period for the submission of public comments on the proposed Final Judgment, 15 U.S.C. 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. Final judgment is entered for defendant [name] and against plaintiff [name]. Your recipients will receive an email with this envelope shortly and "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. DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT. The proposed Final Judgment, filed at the same time as the Complaint, orders Enova to sell all of its rights, titles, and interests in Encina and South Bay electricity generation facilities located at Carlsbad and Chula Vista, California (the "Divestiture Assets"), to a purchaser or purchasers acceptable to the United States in its sole discretion. 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. 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. On May 17, 2007, Appellee filed a Motion for Entry of Default Final Judgment seeking Judgment against Appellants on May 23, 2007, granting judgment in favor of Appellee in the Procedure Form 1.977 within forty-five days from date of the Final Judgment, unless it is satisfied or post-judgment discovery is stayed. A limited number of forms are available for download from myorangeclerk.com. 3d 596, 598 citing 682.15, Fla. Stat. 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. Enova shall complete the sale of the Divestiture Assets as soon as practical after the receipt of all necessary governmental approvals; provided, however, if the sale of any of the Divestiture Assets is not completed within eighteen months after the date of the entry of this Final Judgment, a trustee shall be appointed pursuant to Section VI of this Final Judgment to effect the divestiture of any unsold assets; provided further, the United States may extend the eighteen-month period by six months by serving written notice on Enova prior to the expiration of the eighteen-month period; provided further, Enova and the United States may by mutual agreement extend further the time in which any of the Divestiture Assets shall be sold. vs. 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. 73 West Flagler Street, Room 138. The United States and Enova have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. 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. Miami, Florida 33130. 16(e) and to enter the Final Judgment. Instructions for Florida Supreme Court Approved Family Law Forms 12.922(a), Motion for Default, and 12.922(b), Default (11/15) review Florida Rule of Judicial Administration 2.516. Review the text and proceed, if correct. Lehmann, 39 S.W.3d at 205. in the jurisdiction of Sarasota County. We have notified your account executive who will contact you shortly. Final process to enforce a judgment solely for the payment of money shall be by execution, writ of garnishment, or other appropriate process or proceedings. This Final Judgment will expire on the tenth anniversary of the date of its entry unless the Final Judgment is terminated pursuant to Section XIII(B); provided, however, the Final Judgment will terminate when the United States notifies Enova and the Court that Enova has provided to the United States documentation sufficient to prove (1) that the merger between Enova and Pacific identified in the Complaint has been terminated; or (2) that an Independent System Operator has assumed control of Pacific's gas pipelines within California in a manner satisfactory to the United States. Entry of the proposed Final Judgment would terminate this action, except that the Court would retain jurisdiction to construe, modify, or enforce the provisions of the proposed Final Judgment and to punish violations of it. The only public comments filed, by Eastern Trans-Waste of Maryland, Inc. and Coastal Carting Limited, Inc., indeed recognized the value of the proposed Final Judgment in protecting competition, and were directed to relatively minor issues concerning the implementation of the Proposed Final Judgment. 1 6 (b)-(h), are required in this action. 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. Accessing Verdicts requires a change to your plan. 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 United States shall take all necessary steps to keep the information received pursuant to this section confidential.

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