You can always see your envelopes 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. Defendant shall pay post judgment interest on any delinquent amounts . 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. I hereby certify that on this date I have caused to be served by first class mail, postage prepaid, or by hand, if so indicated, a copy of the foregoing Motion for Entry of Final Judgment upon the following person, counsel for defendant in the matter of United States of America v. Browning-Ferris Industries, Inc.: Martha J. Talley D.C. Bar No. 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. A motion for default judgment is an official court document filed by a creditor or debt collector (known as the plaintiff to the case), notifying the court that the person being sued (known as the defendant) never responded to the case Summons and Complaint. 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. 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. 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. If the form you are looking for is not available on this site, consider searching the Florida Courts or other websites. 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. 16 (b)- (h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. 16. For full print and download access, please subscribe at https://www.trellis.law/. 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. Motion for Entry of Default Final Judgment Case (s): U.S. v. Scuba Retailers Association Date: Wednesday, April 17, 1996 Document Type: Motions and Memoranda - Miscellaneous This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). application or motion for additional relief within the jurisdiction of this Court, and will Defendant shall make available such information to Plaintiff at the same time that such information is made available to any other person. 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. A. See Section 55.10, Florida Statutes, for additional information on perfecting a judgment lien on real property. 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. An entry of default can come in two forms, an entry by the clerk or an entry by the judge. 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. 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. After a hearing, the trial court denied the motion to set . 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. If the trustee is responsible, it shall similarly notify Defendant. B. Official websites use .gov 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. try clicking the minimize button instead. The Final Judgment will remedy the anticompetitive effects of the challenged transaction by requiring the divestiture of the Divestiture Assets. (2018).) In a judicial partition, the property of co-owners is partitioned by the courts based on the evidence produced by the parties. 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 . Except as provided in Section VI, these divestitures shall occur through the Auction Procedures and shall be subject to necessary approvals by the California Public Utilities Commission ("CPUC") and other governmental authorities. 16 (b)-(h), are not required in this action. Your recipients will receive an email with this envelope shortly and At the time of such approval, the settlement between the parties is final. The parties can bring certain motions after any judgment, including a summary judgment. the competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration or relief sought, anticipated effects of alternative remedies actually considered, and any other considerations bearing upon the adequacy of such judgment; 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. 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 lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. A .gov website belongs to an official government organization in the United States. 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. 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. Plaintiff moves for a default judgment based on the following: 1. 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. Motion for Entry of Consent Final Judgment - Florida Attorney General After entry of the original final judgment in a paternity case, the mother filed a motion to set aside the final judgment. In Florida, a party in most cases has 20 days to answer a lawsuit. 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). 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. 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 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. We have notified your account executive who will contact you shortly. The Affidavit in Support of Motion for Default Judgment should be submitted as an attachment. 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. 15 U.S.C.A. An official website of the United States government. _______________________________ Nancy H. McMillen Peter Goldberg Evangelina Almirantearena Attorneys, United States Department of Justice Antitrust Division 1401 H Street, N.W. 2. 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. 1 6 (b)-(h), are required in this action. Defendant shall not finance all or any part of any divestiture made pursuant to Sections IV or VI of this Final Judgment. For Divestiture Assets being sold using the California Auction Procedures, during such Auction Procedures, submission of bids to the United States in compliance with Section IV shall satisfy compliance with the required contents of the affidavits in Section VIII(A). Your recipients will receive an email with this envelope shortly and Summary judgment is a stage in many Florida personal injury cases in which one or both parties ask the judge to rule in their favor prior to trial. Accessing Verdicts requires a change to your plan. 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. There is no time limit on filing a motion for relief from judgment if the judgment itself is void. Failure to respond opens the door for a default judgment, because the court interprets . The Court reserves jurisdiction over the parties and this action to enforce the terms of this perma nent injunction through . For the first three reasons, a motion must be made within one year of the judgment being entered. We are currently collect data for this state. 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 Such prior approval shall be within the sole discretion of the United States. Please wait a moment while we load this page. 18 (West 1997). 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. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. The APPA requires that any proposal for a 2. The plaintiff usually gets everything she asked for in the initial petition or complaint she filed against you . 3. 15 U.S.C.A. I. 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. K. The terms "Auction Procedures" and "California Auction Procedures" mean the auction procedures set forth in a decision addressing Enova's application under section 851 of the California Public Utilities Code to divest the Divestiture Assets. 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. in the jurisdiction of Hillsborough County. This is where doing nothing to defend yourself can hurt you. What Is a Motion for Judgment Notwithstanding the Verdict. It's a way for one party to request that the court rule on a particular issue in a case. Your credits were successfully purchased. The most common reason a judgment would be void is if the defendant was not properly served. Fawcett Memorial Hospital, Your subscription was successfully upgraded. CASE STYLE (Name of Court) Plaintiff . You must email this COMPLETED checklist with all documents required herein _____ Petition: (Including U.C.C.J.A. Your subscription has successfully been upgraded. Corruption by an arbitrator; or 3. 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. B. A. 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. Bouknight, Jr. David R. Roll James B. Moorhead Steptoe & Johnson LLP 1330 Connecticut Ave., N.W. The plaintiff must typically take one more step and ask for a final judgment against you after default is entered. Your subscription was successfully upgraded. If you wish to keep the information in your envelope between pages, 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. The California Auction Procedures shall be deemed to satisfy this requirement. 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. Shortly thereafter, the United States filed a Competitive Impact Statement. 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. 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. The Stipulation and proposed Final Judgment also require Enova to ensure that until the divestiture mandated by the proposed Final Judgment has been accomplished, the management of any electricity generating facilities will be kept separate and apart from the management of Enova's other businesses. 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. 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. The procedures of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. will be able to access it on trellis. by clicking the Inbox on the top right hand corner. Defendant is enjoined from entering into any contracts that allow Defendant to control any California Generation Facilities without prior notice to and approval of the United States. L. The term "Southern California" means the counties in California currently served by Pacific's gas pipelines. "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"). We will email you 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. II. The Clerk has entered a default on February 5, 2014, against Defendant Angela Marino. 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. K. Prior to the sale of Divestiture Assets, Enova shall not transfer any of the Divestiture Assets to any affiliate not regulated as a public utility by the CPUC. against Question: Did the trial court abuse its discretion when the senior judge Record your final money judgment with the Secretary of State after the time to move for rehearing has lapsed, if no motion for rehearing is pending, and if no stay of the judgment or its enforcement is in effect. In this case, the comment period terminated on August 17, 1998. Final judgment is entered for defendant [name] and against plaintiff [name]. Notice of Social Security Number (Only 1 Notice of Social Security Number form is required UNLESS you are filing "Uncontested" divorce paperwork. 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. A limited number of forms are available for download from myorangeclerk.com. 246330 Dewey Ballantine 1775 Pennsylvania Ave., N.W. The APPA requires a sixty-day period for the submission of public comments on the proposed Final Judgment. 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. 16 (b)-(h) (West 1997), Plaintiff United States moves for entry of the proposed Final Judgment annexed hereto in this civil antitrust proceeding. The United States, the State of Maryland, the State of Florida, and the defendant request that the proposed Final Judgment be entered expeditiously.
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motion for entry of final judgment florida