The Complaint states a claim upon which relief may be granted against Defendant under Section 7 of the Clayton Act, as amended. Attach the pdf of the Motion for Default Judgment. You can always see your envelopes For the first three reasons, a motion must be made within one year of the judgment being entered. 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. Purchasers whose bids are accepted by the United States under Section IV(D)(3) will be deemed acceptable. Final judgment is entered for defendant [name] and against plaintiff [name]. B. : 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 . 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. 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. 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. Dana J. Watts, Attorney for Plai Florida Bar Number: 02921741 1620 Main Street Suite One . Upon objection by Defendant under the proviso in Section VI(C), a divestiture proposed under Section VI shall not be consummated. MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. against represented by Please wait a moment while we load this page. CASE STYLE (Name of Court) Plaintiff . L. The term "Southern California" means the counties in California currently served by Pacific's gas pipelines. I. The plaintiff must typically take one more step and ask for a final judgment against you after default is entered. I. 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. 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. If the form you are looking for is not available on this site, consider searching the Florida Courts or other websites. 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. 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. 18 (West 1997). The United States, the State of Maryland, the State of Florida, and the defendant request that the proposed Final Judgment be entered expeditiously. 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. Counter-Plaintiff. "The court must then 'issue a confirming order unless the award is modified or . D. Defendant shall provide and maintain sufficient lines of sources of credit to maintain the Divestiture Assets as viable, ongoing businesses. A general principle is that a motion for attorneys' fees must be filed in the trial court within a reasonable time after final judgment. F. Interlocutory. 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. R. Civ. Each such affidavit shall include, inter alia, the name, address, and telephone number of each person who, at any time after the period covered by the last such report, 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. Facsimile: (305) 536-4154 . FL Statute: 12.930 (a) Packets: n/a. will be able to access it on trellis. I. 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. The Final Judgment may be entered at this time without further hearing if the Court determines that entry is in the public interest. We will email you "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 Secure .gov websites use HTTPS Lawsuit Forms Summons Complaint Answer a Lawsuit Motion to Dismiss Admissions Interrogatories Production Motion to Compel Entry of Default 3. 246330 Dewey Ballantine 1775 Pennsylvania Ave., N.W. Fawcett Memorial Hospital, 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. 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. 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. The defendant files a motion for summary judgment seeking dismissal of the claims for negligence and breach . Your subscription was successfully upgraded. 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. CONCLUSION Based on the foregoing analysis, the Plaintiff's Motion for Final Summary Judgment should be granted. The United States does not believe that the procedures of the Antitrust Procedures and Penalties Act ('CAPPA''), 1 5 U.S .C. If you wish to keep the information in your envelope between pages, Due process requires strict compliance with any agreement that permits the entry of an ex parte judgment. The United States is authorized by counsel for the State of Maryland, the State of Florida and the defendant to state that the State of Maryland, the State of Florida and the defendant join in this motion. 12-034123 (07) . 16 (b)-(h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. "Final Approval" means the date on which this Settlement Agreement and the form of State Escrow Agreement are approved by the Court. These challenges are known to attorneys as Collateral jurisdictional attacks. An official website of the United States government. A. Knutsson, Keith, and You have only 30 days from this date to file a motion to vacate the judgment or appeal the judge's decision. The Court will retain jurisdiction to construe, modify or enforce the Final Judgment. Question: Did the trial court abuse its discretion when the senior judge 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. On June 24, 2008 a breach of contract case was filed A .gov website belongs to an official government organization in the United States. Subject to Section VI(D) of this Final Judgment, the trustee shall have the power and authority to hire at the cost and expense of Defendant any investment bankers, attorneys, or other agents reasonably necessary in the judgment of the trustee to assist in the divestiture, and such professionals and agents shall be accountable solely to the trustee. 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. These motions are based on the trial court's "'inherent authority to reconsider and, if deemed appropriate, alter or retract any of its nonfinal . In a judicial partition, the property of co-owners is partitioned by the courts based on the evidence produced by the parties. Before Enova can accept a bid by a potential purchaser received under the Auction Procedures with respect to any of the Divestiture Assets to be divested, the bid must be screened by the United States as specified in this section. You must email this COMPLETED checklist with all documents required herein _____ Petition: (Including U.C.C.J.A. The APPA requires a sixty-day period for the submission of public comments on the proposed Final Judgment, 15 U.S.C. The APPA requires that any proposal for a Eviction (Form 78) and/or a Motion for Default Final judgment - Damages (Residential Eviction) (Form 79) with an Affidavit of Damages (Form 80). 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. at any time after 14 days following entry of this Final Judgment. In making that determination, the court may consider: 15 U.S.C. R. Civ. 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. 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. in the jurisdiction of Sarasota County. "Portland General Electric Contract" means the contracts, dated November 15, 1985, for 75 MW of firm capacity and associated transmission. G. If the trustee has not accomplished the divestiture required by Section IV of this Final Judgment within six months after the appointment of the trustee becomes effective, the trustee shall promptly file with the Court a report setting forth (1) the trustee's efforts to accomplish the required divestiture, (2) the reasons, in the trustee's judgment, why the required divestiture has not been accomplished, and (3) the trustee's recommendations; provided, however, that to the extent such reports contain information that the trustee deems confidential, such reports shall not be filed in the public docket of the Court. The Final Judgment will remedy the anticompetitive effects of the challenged transaction by requiring the divestiture of the Divestiture Assets. 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. 2. by Rule 55(c) is amended to make plain the interplay between Rules 54(b), 55(c), and 60(b). Official websites use .gov Review the text and proceed, if correct. C. Within twenty calendar days of the filing of this Final Judgment, Defendant shall deliver to Plaintiff an affidavit which describes in detail all actions Defendant has taken and all steps Defendant has implemented on an on-going basis to preserve the Divestiture Assets pursuant to Section X of this Final Judgment and describes the functions, duties and actions taken by or undertaken at the supervision of the individuals described at Section X(J) of this Final Judgment with respect to Defendant's efforts to preserve the Divestiture Assets. 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. This date is very important. D. Certain Conditions on the Auction Procedures. Courts can convert an equitable estate into a legal estate [i]. 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. WHEREAS Plaintiff United States of America (hereinafter "United States"), having filed its Complaint herein on March 9, 1998, and Plaintiff and Defendant, by their respective attorneys, having consented to the entry of this Final Judgment without trial or adjudication of any issue of fact or law herein, and without this Final Judgment constituting any evidence against or an admission by any party with respect to any issue of law or fact herein; AND WHEREAS Defendant has agreed to be bound by the provisions of this Final Judgment pending its approval by the Court; AND WHEREAS the essence of this Final Judgment is divestiture of assets to ensure that competition, as alleged in the Complaint, is not substantially lessened; AND WHEREAS Plaintiff requires Defendant to make certain divestitures for the purpose of remedying the loss of competition alleged in the Complaint; AND WHEREAS Defendant has represented to Plaintiff that as to the divestiture ordered herein Defendant will later raise no claims of hardship or difficulty as grounds for asking the Court to modify any of the divestiture provisions contained below; NOW, THEREFORE, before the taking of any testimony, and without trial or adjudication or admission of any issue of fact or law herein, and upon consent of the parties hereto, it is hereby ORDERED, ADJUDGED, AND DECREED as follows: This Court has jurisdiction over each of the parties hereto and the subject matter of this action. 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. The procedures of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. to dissolve this garnishment pursuant to Florida Statutes 77.05. Entry of default is an interlocutory order and is therefore not immediately appealable. E-mail: . Such prior approval shall be within the sole discretion of the United States. when new changes related to " are available. when new changes related to " are available. in the jurisdiction of Hillsborough County. 16(b). Counsel need only file a motion for entry of final judgment after default and set the motion for hearing. (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. D. Defendant shall preserve all records of all efforts made to preserve and divest the Divestiture Assets. against try clicking the minimize button instead. 305-275-1155. This form also tells you about your rights and lists the date the form was mailed to you. VON KAHLE, et al, ) CASE NO. 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. . 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. D. 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