this occurs, entry of default and default judgment typically are performed at the same time. 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 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. 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. The proposed Final Judgment requires BFI to divest certain Attwoods' assets in Chester County, PA; Clay County, FL; Duval County, FL; the Southern Eastern Shore of Maryland; Sussex County, DE; and Western Maryland. A partition can be in kind or in money. 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. Your credits were successfully purchased. 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. represented by 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. Courts can convert an equitable estate into a legal estate [i]. 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. A .gov website belongs to an official government organization in the United States. This form also tells you about your rights and lists the date the form was mailed to you. Shortly thereafter, the United States filed a Competitive Impact Statement. II. 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. The Complaint states a claim upon which relief may be granted against Defendant under Section 7 of the Clayton Act, as amended. C. Defendant shall use its best efforts to accomplish the divestiture as expeditiously as possible, but in any event within the schedule set forth in Section IV(E) below. 15 U.S.C.A. Review the text and proceed, if correct. 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. 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. 18 (West 1997). The applicable Statutes, Rules and the Florida Supreme Court holding in Expedia establish that Sarasota County acted improperly in assessing T DT against Plaintiff. 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. The California Auction Procedures shall be deemed to satisfy this requirement. Unless the United States otherwise consents in writing, the divestiture or divestitures pursuant to this section, or by the trustee appointed pursuant to Section VI of this Final Judgment, shall include the Divestiture Assets as specified in this Final Judgment (though not necessarily all to the same purchaser) and be accomplished by selling or otherwise conveying the Divestiture Assets to a purchaser or purchasers in such a way as to satisfy the United States, in its sole discretion, that none of the terms of any agreement between any purchaser and Defendant give Defendant the ability unreasonably to raise the purchaser's costs, to lower the purchaser's efficiency, or otherwise to interfere in the ability of the purchaser to compete effectively in the provision of electricity in California; provided, however, the purchaser need not continue operation of these assets. Until the divestiture required by the Final Judgment has been accomplished: A. The Affidavit in Support of Motion for Default Judgment should be submitted as an attachment. Entry of this Final Judgment is in the public interest. 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 shall not finance all or any part of any divestiture made pursuant to Sections IV or VI of this Final Judgment. Defendant shall make available such information to Plaintiff at the same time that such information is made available to any other person. 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 United States received two comments during this period on the proposed Final Judgment, and has filed with the Court Plaintiff's Response to Public Comments ("Plaintiff's Response"). During this period, the United States received comments from two companies, Eastern Trans-Waste of Maryland, Inc. and Coastal Carting Limited, Inc., on the proposed Final Judgment. Integrale Investments Llc, 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. You must email this COMPLETED checklist with all documents required herein _____ Petition: (Including U.C.C.J.A. Pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C.A. A .gov website belongs to an official government organization in the United States. 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. Miami, Florida 33131 . 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 . 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). Default Judgment. A motion for default does not end your case in most states. For full print and download access, please subscribe at https://www.trellis.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. Secure .gov websites use HTTPS 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. Adding your team is easy in the "Manage Company Users" tab. This is one lesson of Fricker v. Peters & Calhoun Co., 21 Fla. 254 (1885). Helmich v. Wells Fargo Bank, N.A., 136 So.3d 763, 765 (Fla. 1 st DCA 2014). C. Defendant shall take all steps necessary to ensure that the Divestiture Assets are fully maintained in operable condition and shall maintain and adhere to normal maintenance schedules for the Divestiture Assets. The plaintiff usually gets everything she asked for in the initial petition or complaint she filed against you . Defendant may request that information in such reports that has been provided as confidential by the Defendant be deemed confidential by the trustee. If the form you are looking for is not available on this site, consider searching the Florida Courts or other websites. DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT. Defendant is enjoined from acquiring California Generation Facilities without prior notice to and approval of the United States. 16. Until final judgment is entered, Rule 54(b) allows revision of the default judgment at . CASE STYLE (Name of Court) Plaintiff . ; GEORGIA - Fair Business Practices Act, O.C.G.A. 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. 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. You can always see your envelopes By the same token, in a judgment is not final simply because it is titled Final Judgment. 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. D. Certain Conditions on the Auction Procedures. Outside California--Defendant may own, operate, control, or acquire any electricity generation facilities other than California Generation Facilities. (b) Property Recovery. Official websites use .gov Rule 1.570 - ENFORCEMENT OF FINAL JUDGMENTS (a) Money Judgments. 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. try clicking the minimize button instead. C. After the appointment of the trustee becomes effective, the trustee shall have the right to sell the Divestiture Assets. 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 16(b). 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. The procedures of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. For full print and download access, please subscribe at https://www.trellis.law/. Gerdes, Charles W., Accessing Verdicts requires a change to your plan. G. Unless it has obtained the prior approval of the United States, Defendant shall not terminate or reduce the current employment, salary, or benefit arrangements for any personnel employed by Defendant who work at, or have managerial responsibility for, electricity generating facilities, except in the ordinary course of business. 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. Kiley, Timothy, VON KAHLE, et al, ) CASE NO. The United States does not believe that the procedures of the Antitrust Procedures and Penalties Act ('CAPPA''), 1 5 U.S .C. 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 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. 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 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. F. Defendant shall not, except as part of a divestiture approved by the United States, remove, sell, or transfer any of the Divestiture Assets, other than sales in the ordinary course of business. At the same time, the United States, Maryland, and Florida filed a proposed Final Judgment, a Stipulation signed by the parties stipulating to entry of the Final Judgment, and a Hold Separate Stipulation and Order. 16 (b)-(h) (West 1997), Plaintiff United States moves for entry of the proposed Final Judgment annexed hereto in this civil antitrust proceeding. 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. 305-275-1155. Defendant has informed Plaintiff that Defendant consents to the entry of the Final Judgment in this matter. Facsimile: (305) 536-4154 . 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. The procedures required by the APPA prior to entry of the proposed Final Judgment are completed. (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. In its Competitive Impact Statement and its response to public comments previously filed with the Court, 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. Settlement Receipts . Your credits were successfully purchased. Adding your team is easy in the "Manage Company Users" tab. MEANS OF FINAL . A. The trustee shall maintain full records of all efforts made to divest these operations. 2. The Court will retain jurisdiction to construe, modify or enforce the Final Judgment. 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. Case #: Judge: II. If the trustee does not deem the information to be confidential, the information shall not be made public before Defendant has an opportunity to seek a protective order from the Court. B. Defendant shall appoint a person or persons to oversee the Divestiture Assets, and who will be responsible for Defendant's compliance with Section X of this Final Judgment. FL Statute: 12.930 (a) Packets: n/a. by 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. UNITED STATES DISTRICT COURTDISTRICT OF COLUMBIA, PLAINTIFF'S MOTIONFOR ENTRY OF FINAL JUDGMENT. IN THE COUNTY COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA Case No. This form is the general form for a judgment after default, not including recovery for prejudgment interest and attorneys' fees: FINAL JUDGMENT This action was heard after entry of default against defendant and Upon publication of the comments and the Response in the Federal Register on March 13, 1995, the procedures required by the APPA prior to entry of the proposed Final Judgment were completed. In particular, this acquisition would give PE/Enova the incentive and ability to limit the supply of natural gas to California electric power plants, raising their costs and the price California consumers pay for electricity. 246330 Dewey Ballantine 1775 Pennsylvania 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. 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. 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 D. Defendant shall provide and maintain sufficient lines of sources of credit to maintain the Divestiture Assets as viable, ongoing businesses. 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. 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. Please wait a moment while we load this page. 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. 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. E. Defendant shall provide and maintain sufficient working capital to maintain the Divestiture Assets as viable ongoing businesses. For the first three reasons, a motion must be made within one year of the judgment being entered. The Final Judgment may be entered at this time without further hearing, if the court determines that entry is in the public interest. Hoffman, Matthew P, This is where doing nothing to defend yourself can hurt you. This second step in the process constitutes a final judgment . 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. Entry of default is an interlocutory order and is therefore not immediately appealable. Before entering the proposed Final Judgment, the Court is to determine whether the Judgment "is in the public interest." 1 6 (b)-(h), are required in this action. D. Defendant shall preserve all records of all efforts made to preserve and divest the Divestiture Assets. MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. Each such affidavit shall also include a description of the efforts that Defendant has taken to solicit a buyer for the Divestiture Assets and to provide required information to prospective purchasers, including the limitations, if any, on such information. Defendant . The United States and Enova have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. The party who won can ask for an award of costs and sometimes attorney fees from the other party, unless those were already . Any such objections by Defendant must be conveyed in writing to Plaintiff and the trustee no later than ten calendar days after the trustee has provided the notice required under Section VII of this Final Judgment. After entry of the original final judgment in a paternity case, the mother filed a motion to set aside the final judgment. A default judgment awards the plaintiff reasonable damages requested in the complaint. in the jurisdiction of Hillsborough County. At the time of such approval, the settlement between the parties is final. I. Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember. Plaintiff moves for a default judgment based on the following: 1. 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. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website.
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