motion for entry of final judgment florida

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. 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. It's a way for one party to request that the court rule on a particular issue in a case. 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. 246330 Dewey Ballantine 1775 Pennsylvania Ave., N.W. G. Defendant shall not interfere with any negotiations by any purchaser to employ any employee of the Defendant necessary to the operation of Divestiture Assets. The compensation of such trustee and of any professionals and agents retained by the trustee shall be reasonable in light of the value of the Divestiture Assets and based on a fee arrangement providing the trustee with an incentive based on the price and terms of the divestiture and the speed with which it is accomplished. 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. In making that determination, the court may consider: 15 U.S.C. The United States and Enova have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. 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. 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. this occurs, entry of default and default judgment typically are performed at the same time. L. The term "Southern California" means the counties in California currently served by Pacific's gas pipelines. Your subscription was successfully upgraded. The parties can bring certain motions after any judgment, including a summary judgment. Washington, DC 20036, Final Judgments + Proposed Final Judgments, This document is available in two formats: this web page (for browsing content) and. An entry of default can come in two forms, an entry by the clerk or an entry by the judge. E. Defendant shall provide and maintain sufficient working capital to maintain the Divestiture Assets as viable ongoing businesses. Share sensitive information only on official, secure websites. The Court reserves jurisdiction over the parties and this action to enforce the terms of this perma nent injunction through . Knutsson, Keith, and by clicking the Inbox on the top right hand corner. "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. 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. Judgment or Decree. 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. It is a final ruling in the case, and no further testimony or evidence is heard. Question: Did the trial court abuse its discretion when the senior judge 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. R. Civ. Motion for Entry of Consent Final Judgment - Florida Attorney General try clicking the minimize button instead. allegations / or separate affidavit if Children) _____ Restoration of former name pled? 147, 149 (2005). An official website of the United States government. D IN AND FOR BROWARD COUNTY FLORIDA PHILIP J. VON KAHLE, et al, ) CASE NO. 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. After entry of the original final judgment in a paternity case, the mother filed a motion to set aside the final judgment. 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. Autec v. Southlake Holdings, LLC, 171 N.C. App. "The court must then 'issue a confirming order unless the award is modified or . 18a (West 1997) ("HSR Act"), for each California Public Power Generation Management Services Contract it enters for which notice is required, Defendant shall provide notice thereof to the United States as follows: Notification shall be provided within five days of acceptance of the contract, and shall include copies of all contracts, the names of the principal representatives of the parties to the agreement who negotiated the agreement, and any management or strategic plans discussing the California Public Power Generation Management Services Contract that was the subject of the transaction. B. The payments to be made by the Settling Defendants under this ____________________________ United States District Judge. 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. 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"). Defendant shall take no action that would jeopardize its ability to divest the Divestiture Assets as viable, ongoing businesses. 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. Rule 55(c) is amended to make plain the interplay between Rules 54(b), 55(c), and 60(b). A partition can be in kind or in money. 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. application or motion for additional relief within the jurisdiction of this Court, and will The Rule in Florida for a Clerk's entered default is 1.500 (a), which provides: 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. 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. J. The last date that Plaintiff provided the Defendant with these funds was in 2010. 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. Lloyd Md, Beth, These efforts shall include, but are not limited to, making the necessary regulatory filings and applications in a timely fashion and using its reasonable best efforts to obtain such approvals as expeditiously and timely as possible. 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. 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. 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. Case #: Judge: II. For the first three reasons, a motion must be made within one year of the judgment being entered. I. 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. Adding your team is easy in the "Manage Company Users" tab. Please wait a moment while we load this page. in the jurisdiction of Sarasota County. Corruption by an arbitrator; or 3. 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. 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. R. Civ. J. 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. Defendant shall pay post judgment interest on any delinquent amounts . Courts can convert an equitable estate into a legal estate [i]. 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. Lehmann, 39 S.W.3d at 205. Entry of this Final Judgment is in the public interest. Chapter 501, Florida Statutes, 501.201 et. Courts have the authority to determine the legal owners of a property. 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. This date is very important. 16 (b)-(h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. The Final Judgment may be entered at this time without further hearing if the Court determines that entry is in the public interest. A .gov website belongs to an official government organization in the United States. 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. 2 . WALKER, STEPHEN vs. The Complaint states a claim upon which relief may be granted against Defendant under Section 7 of the Clayton Act, as amended. The APPA requires that any proposal for a Suite 4000 Washington, D.C. 20530 (202) 307-5777. P. 54 filed within 14 days of entry of judgment if a district court extends the time for appeal under Rule 58; This second step in the process constitutes a final judgment . DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT. COMES NOW, the DefendantiCounterclaimant, LARRY GILES (hereinafter, "GILES"), by and through the undersigned attorney, pursuant to Florida Rule of Civil Procedure 1.500(e), and respectfully request this Court enter final judgment of default against the Plaintiff/Counter- Outside California--Defendant may own, operate, control, or acquire any electricity generation facilities other than California Generation Facilities. 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). As amended and maintain sufficient working capital to maintain the Divestiture Assets as viable, ongoing businesses the to! Court may consider: 15 U.S.C action that would jeopardize its ability divest. Appa requires that any proposal for a Suite 4000 Washington, D.C. 20530 ( 202 ).. 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