ASSENTED-TO MOTION FOR ENTRY OF JUDGMENT Plaintiff Commonwealth of Massachusetts moves for entry of the Judgment . It's a way for one party to request that the court rule on a particular issue in a case. 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. 16(e) and to enter the Final Judgment. "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. Adding your team is easy in the "Manage Company Users" tab. An entry of default can come in two forms, an entry by the clerk or an entry by the judge. 2. when new changes related to " are available. CASE STYLE (Name of Court) Plaintiff . 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. 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. Default 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. H. The terms "Independent System Operator" or "ISO" mean an entity that operates the intrastate gas transmission pipelines and related facilities of Pacific Enterprises. 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. (202) 307-6316 (202) 616-2441(Fax), UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA. We have notified your account executive who will contact you shortly. If you wish to keep the information in your envelope between pages, 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, 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. Next legal terms. (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. 2. Official websites use .gov This second step in the process constitutes a final judgment . I. You must email this COMPLETED checklist with all documents required herein _____ Petition: (Including U.C.C.J.A. A .gov website belongs to an official government organization in the United States. The United States shall take all appropriate and necessary steps to keep the information received pursuant to this section confidential. Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember. J. 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. This was, after all, an ex parte motion for entry of final judgment. Sections 10-1-390 et . _______________________________ Nancy H. McMillen Peter Goldberg Evangelina Almirantearena Attorneys, United States Department of Justice Antitrust Division 1401 H Street, N.W. 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 Due process requires strict compliance with any agreement that permits the entry of an ex parte judgment. II. Suite 4000 Washington, D.C. 20530 (202) 307-5777. Within thirty calendar days of the filing of this Final Judgment and every forty-five calendar days thereafter until the divestiture has been completed whether pursuant to Section IV or Section VI of this Final Judgment, Enova shall, with respect to Divestiture Assets, deliver to Plaintiff an affidavit as to the fact and manner of Defendant's compliance with Sections IV or VI of this Final Judgment. P. 54 filed within 14 days of entry of judgment if a district court extends the time for appeal under Rule 58; 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. This form also tells you about your rights and lists the date the form was mailed to you. 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. For full print and download access, please subscribe at https://www.trellis.law/. to dissolve this garnishment pursuant to Florida Statutes 77.05. 305-275-1155. Helmich v. Wells Fargo Bank, N.A., 136 So.3d 763, 765 (Fla. 1 st DCA 2014). Accordingly, the Parties jointly move this Court for entry of a final judgment, substantially in the form attached hereto as Exhibit 1. 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. 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. The California Auction Procedures shall be deemed to satisfy this requirement. MOTION FOR ENTRY OF FINAL JUDGMENT - (JOINT MOTION) February 13, 2017. 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. F. In accomplishing the divestiture ordered by this Final Judgment, Defendant promptly shall make known, by usual and customary means, the availability of the Divestiture Assets. Question: Did the trial court abuse its discretion when the senior judge It is a final ruling in the case, and no further testimony or evidence is heard. For the reasons set forth in this Motion, in the CIS, and Plaintiff's Response, the Court should find that the proposed Final Judgment is in the public interest and should enter the proposed Final Judgment without further hearings. Subject to the reasonable convenience of Defendant and without restraint or interference from it, to interview, either informally or on the record, its officers, employees, and agents, who may have counsel present, regarding any such matters. 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 Washington, D.C. 20006 (202) 862-1014, U.S. and Plaintiff States v. Browning-Ferris Industries, This document is available in two formats: this web page (for browsing content), and. D. Certain Conditions on the Auction Procedures. The Affidavit in Support of Motion for Default Judgment should be submitted as an attachment. Until final judgment is entered, Rule 54(b) allows revision of the default judgment at . 16. In making that determination, the court may consider: 15 U.S.C. 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. Defendant shall make available such information to Plaintiff at the same time that such information is made available to any other person. The most common reason a judgment would be void is if the defendant was not properly served. 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. 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. seq. (2018).) D. Defendant shall preserve all records of all efforts made to preserve and divest the Divestiture Assets. 1 Capitalized terms are defined in the contemporaneously filed 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. A summary judgment disposes of the entire case. We are currently collect data for this state. Courts can convert an equitable estate into a legal estate [i]. 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. The Clerk has entered a default on February 5, 2014, against Defendant Angela Marino. B. By the same token, in a judgment is not final simply because it is titled Final Judgment. 15 U.S.C.A. 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. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Entry of ex parte orders are very much disfavored in the law. 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. The following packets, must contain 2 Notice of Social Security forms - one for each party, - Packet D. FL Statute: 12.902 (j) Defendant may request that information in such reports that has been provided as confidential by the Defendant be deemed confidential by the trustee. 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. In this case, the comment period terminated on August 17, 1998. Defendant shall pay post judgment interest on any delinquent amounts . The Final Judgment will remedy the anticompetitive effects of the challenged transaction by requiring the divestiture of the Divestiture Assets. It is now appropriate for the Court to make the public interest determination required by 15 U.S.C.A. Your subscription has successfully been upgraded. The procedures of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. 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. 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. Kiley, Timothy, 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. There, the Florida Supreme Court . in the jurisdiction of Sarasota County. After five years from the date it is entered, this Final Judgment shall terminate if Defendant demonstrates to the Court that (1) it no longer owns any of its existing nuclear assets, or (2) such assets are no longer in operation, or (3) the output of those nuclear assets is required by law or regulation to be sold at a fixed price. 16 (b)- (h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. A. The trustee shall at the same time furnish such reports to Defendant and the United States, who shall each have the right to be heard and to make additional recommendations. 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. Your subscription was successfully upgraded. In this case, the sixty-day comment period commenced on December 15, 1994, and terminated on February 13, 1995. Motion for Final Judgement. 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. If the United States does not notify Enova that a proposed bid is unacceptable within the applicable time period specified above, the purchaser making such bid shall be deemed acceptable by the United States with respect to all of the Divestiture Assets specified in that bid. 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.". 16 (b)- (h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. FL Statute: 12.930 (a) Packets: n/a. A motion for summary judgment under Florida law is a document that's ultimately used to bring a case to a close or move it forward within the legal system. 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. 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. What Is a Petition for Writ of Administrative Mandate. The payments to be made by the Settling Defendants under this You will lose the information in your envelope. 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. 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. Entry of this Final Judgment is in the public interest. Defendant, DEFENDANT (hereinafter "Defendant"), pursuant to Florida Small Claims. 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. 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. Accessing Verdicts requires a change to your plan. This date is very important. One of the most common challenges to a default judgment in Florida is a challenge to the jurisdiction of the court over your person because of lack of personal jurisdiction or defective service of process. 12-034123 (07) . 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. The Stipulation provides that the proposed Final Judgment may be entered by the Court after the completion of the procedures required by the APPA. 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