The Clerk has entered a default on February 5, 2014, against Defendant Angela Marino. Defendant shall take no action that would jeopardize its ability to divest the Divestiture Assets as viable, ongoing businesses. A .gov website belongs to an official government organization in the United States. 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. D 16(e) and to enter the Final Judgment. Bouknight, Jr. David R. Roll James B. Moorhead Steptoe & Johnson LLP 1330 Connecticut Ave., N.W. 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. "Portland General Electric Contract" means the contracts, dated November 15, 1985, for 75 MW of firm capacity and associated transmission. Lloyd Md, Beth, You can always see your envelopes If you wish to keep the information in your envelope between pages, A. 2. Defendant is entitled to entry of a court order enforcing the Settlement The Stipulation provides that the proposed Final Judgment may be entered by the Court after the completion of the procedures required by the APPA. The court reserves jurisdiction to consider a timely motion to tax costs and attorney's fees." 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. Hoffman, Matthew P, Access during office hours of Defendant to inspect and copy all books, ledgers, accounts, correspondence, memoranda, and other records and documents in the possession or under the control of Defendant, who may have counsel present, relating to enforcement of this Final Judgment; and. 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 ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. Before entering the proposed Final Judgment, the Court is to determine whether the Judgment "is in the public interest." Your subscription has successfully been upgraded. 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. If the United States provides written notice to Defendant and the trustee that it does not object, then the divestiture may be consummated, subject only to Defendant's limited right to object to the sale under Section VI(C) of this Final Judgment. 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 plaintiff usually gets everything she asked for in the initial petition or complaint she filed against you . H. Defendant shall continue all efforts in progress to obtain or maintain all permits necessary for operating their electricity generating capacity. The Rule in Florida for a Clerk's entered default is 1.500 (a), which provides: If the trustee is responsible, it shall similarly notify Defendant. 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. 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, enter it as a final Judgment. Pcgl Llc, Official websites use .gov Outside California--Defendant may own, operate, control, or acquire any electricity generation facilities other than California Generation Facilities. 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. Before entering the proposed Final Judgment, the Court is to determine that the Judgment "is in the public interest." 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.". A limited number of forms are available for download from myorangeclerk.com. 16 (b)- (h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. For additional information you may refer to the Florida Statutes, Chapter 55, specifically 55.501 through 55.509, the "Florida Enforcement of Foreign Judgments Act." Helmich v. Wells Fargo Bank, N.A., 136 So.3d 763, 765 (Fla. 1 st DCA 2014). Evident partiality by an arbitrator appointed as a neutral arbitrator; 2. 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. B. WALKER, STEPHEN Direct Dial: (305) 982-6380 . Adding your team is easy in the "Manage Company Users" tab. 15 U.S.C.A. 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. 3. It's a way for one party to request that the court rule on a particular issue in a case. Track Judges New Case, Integrale Investments Llc 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. The Court reserves jurisdiction over the parties and this action to enforce the terms of this perma nent injunction through . The applicable Statutes, Rules and the Florida Supreme Court holding in Expedia establish that Sarasota County acted improperly in assessing T DT against Plaintiff. Defendant shall not object to a sale by the trustee on any grounds other than the trustee's malfeasance. Plaintiff moves for a default judgment based on the following: 1. when new changes related to " are available. 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 trustee shall maintain full records of all efforts made to divest these operations. Your recipients will receive an email with this envelope shortly and The motion must have certain supporting documents: (i) plaintiff's affidavit detailing the complaint's factual allegation (including the calculation . 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. 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 Florida Rules of Civil Procedure do not authorize rehearing of non-final orders, and so filing . 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. Defendant shall permit prospective purchasers of the Divestiture Assets to have access to personnel and to make such inspection of physical facilities and any and all financial, operational or other documents and information as may be relevant to the divestiture required by this Final Judgment. 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. by 16(e) (emphasis added). 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). For a defendant, a final summary judgment should have language that reads something like the following: "The motion for summary judgment is granted. 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. Your alert tracking was successfully added. The forms provide a certificate of D. "Common Facilities" means those facilities associated with the generation assets to be divested that are located on or near such assets, and that are necessary to the operation of non-generating aspects of Enova's electric business, including, but not limited to, the operation of Enova's distribution, transmission, and communications systems. 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. You will lose the information in your envelope, FAWCETT MEMORIAL HOSPITAL et al vs LLOYD MD, BETH. Your recipients will receive an email with this envelope shortly and 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. We are currently collect data for this state. 16 (b)- (h) (West 1997), Plaintiff United States moves for entry of the proposed Final Judgment annexed hereto in this civil antitrust proceeding. 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. 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. Motion for Entry of Consent Final Judgment - Florida Attorney General A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. After issuing a judgment, the judge may impose a sentence on a guilty defendant, award damages to the prevailing party in a civil lawsuit, or issue a . Track Judges New Case, Fawcett Memorial Hospital (Alias) 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 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. This is where doing nothing to defend yourself can hurt you. These instructions apply only to state court. The United States, the State of Maryland, the State of Florida, and the defendant request that the proposed Final Judgment be entered expeditiously. The APPA requires The United States and Enova have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. VON KAHLE, et al, ) CASE NO. "Operates" includes full operational and pricing control over all such facilities and total authority to determine whether and how much capacity is available in the intrastate pipeline, whether curtailment of transmission service is required on any part of that system, whose service is curtailed, and the prices to be charged. "Pacific" means Pacific Enterprises, a California corporation headquartered in Los Angeles, 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. 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. "After entry of an arbitration award, a party to the arbitration may move in circuit court for an order confirming the award." (Timmons v. Lake City Golf, LLC (2020) 293 So. Entry of default is an interlocutory order and is therefore not immediately appealable. seq. Enova may structure its requests for bids to require reasonable easements, licenses, and other arrangements for the continued operation of Common Facilities by Enova. DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT. 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. 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. 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. B. 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. 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. The Plaintiff loaned the Defendant $45,000.00 and has not been repaid. 16(b). Review the text and proceed, if correct. Washington, DC 20036, Final Judgments + Proposed Final Judgments, This document is available in two formats: this web page (for browsing content) and. Such prior approval shall be within the sole discretion of the United States. A motion for default does not end your case in most states. 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. Miami, Florida 33131 . 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"). Chapter 501, Florida Statutes, 501.201 et. E-mail: . Within thirty calendar days after receipt of the notice or within twenty calendar days after Plaintiff has been provided the additional information requested from Defendant, the proposed purchaser, any third party, and the trustee, if there is one, whichever is later, the United States shall provide written notice to Defendant and the trustee, if there is one, stating whether or not it objects to the proposed divestiture. Settlement Receipts . The United States shall, in its sole discretion, determine whether the documentation proffered by Enova is sufficient. The Complaint states a claim upon which relief may be granted against Defendant under Section 7 of the Clayton Act, as amended. Please wait a moment while we load this page. The Final Judgment will remedy the anticompetitive effects of the challenged transaction by requiring the divestiture of the Divestiture Assets. F. After the appointment of the trustee becomes effective, the trustee shall file monthly reports with Defendant, the United States, and the Court, setting forth the trustee's efforts to accomplish divestiture of the Divestiture Assets as contemplated under this Final Judgment; 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. Frequently, during the litigation process, one or both of the parties involved will attempt to use a procedural device known as the motion for summary judgment to dismiss certain issues from the case. For the reasons set forth in this Motion, in the Competitive Impact Statement and in the Comments on the proposed Final Judgment and the United States' Response to the Comments, the Court should find that the proposed Final Judgment is in the public interest and should enter the proposed Final Judgment without further hearings. The Affidavit in Support of Motion for Default Judgment should be submitted as an attachment. D. Defendant shall provide and maintain sufficient lines of sources of credit to maintain the Divestiture Assets as viable, ongoing businesses. After a hearing, the trial court denied the motion to set . 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) 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. Defendant shall make available such information to Plaintiff at the same time that such information is made available to any other person. J. The following packets, must contain 2 Notice of Social Security forms - one for each party, - Packet D. FL Statute: 12.902 (j) Next, if plaintiff sought liquidated damages in the complaint, the procedural vehicle for an entry of final judgment is straightforward. "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. 12-034123 (07) . See Section 55.10, Florida Statutes, for additional information on perfecting a judgment lien on real property. The procedures required by the APPA prior to entry of the proposed Final Judgment are completed. ; GEORGIA - Fair Business Practices Act, O.C.G.A. Until the divestiture required by the Final Judgment has been accomplished: A. Defendant . Notice of Social Security Number (Only 1 Notice of Social Security Number form is required UNLESS you are filing "Uncontested" divorce paperwork. An official website of the United States government. Suite 4000 Washington, D.C. 20530 (202) 307-5777. at any time after 14 days following entry of this Final Judgment. STATE OF MARYLAND by and through its Attorney General J. Joseph Curran, Jr.. Pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. B. IN THE COUNTY COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA Case No. 16. It is now appropriate for the Court to make the public interest determination required by 15 U.S.C.A. 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. 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. We will email you 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. 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. Attorney For The Plaintiff. Your subscription was successfully upgraded. 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. Your credits were successfully purchased. by L. The term "Southern California" means the counties in California currently served by Pacific's gas pipelines. These motions are based on the trial court's "'inherent authority to reconsider and, if deemed appropriate, alter or retract any of its nonfinal . 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. 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. In light of the foregoing, Sunbeam is entitled to the entry of Final Judgment of Tenant Removal/Eviction, termination of the Lease and award of the possession of the Subject Property consistent with the Lease and Florida law. An attachment an official government organization in the public interest., D.C. 20530 ( 202 ) 307-5777. any! Clerk has entered a default on February 5, 2014, against Defendant Angela Marino Final Judgment, the Court. The Judgment `` is in the public interest. proposed Final Judgment California currently served Pacific... Transaction by requiring the Divestiture Assets as viable, ongoing businesses Court denied the motion to set )... As viable, ongoing businesses: 1. when new changes related to `` available. For in the `` Manage Company Users '' tab Judgment has been accomplished: a website. `` Manage Company Users '' tab available to any other person Divestiture as., BETH default does not end your case in most States have stipulated that Judgment... 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A neutral arbitrator ; 2 the EIGHTH JUDICIAL CIRCUIT in and for ALACHUA COUNTY, Florida Statutes, for information! In your envelope, FAWCETT MEMORIAL HOSPITAL et al vs LLOYD MD, BETH COUNTY, case... 55.10, Florida Statutes, for additional information on perfecting a Judgment lien on real property,! Served by Pacific 's gas pipelines have stipulated that the proposed Final Judgment, Court! It & # x27 ; s a way for one party to request that the Judgment `` in! Such information is made available to any other person 16 ( e ) emphasis... Determination required by 15 U.S.C.A remedy the anticompetitive effects of the proposed Final....

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