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. The Plaintiff loaned the Defendant $45,000.00 and has not been repaid. 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 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. 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- Default Judgment. Share sensitive information only on official, secure websites. It is now appropriate for the Court to make the public interest determination required by 15 U.S.C.A. 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. Absent written notice that the United States does not object to the proposed purchaser or upon objection by the United States, a divestiture proposed under Section IV or Section VI shall not be consummated. Judgment or Decree. In deciding a Rule 54 (b) motion, a court must first find that there has been a final judgment. 1 Capitalized terms are defined in the contemporaneously filed Judgment. 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.". R. Civ. MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. The parties can bring certain motions after any judgment, including a summary judgment. 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. FINAL CONSENT JUDGEMENT Plaintiffs, the United States of America and the State of Florida, having filed their Verified Complaint on May 5, 1994, and Plaintiffs and Morton Plant Health System, Inc. and Trustees of Mease Hospital, Inc., by their respective attorneys, having consented to the entry of this Final Consent Judgment without trial or adjudication of any issue of fact or law, and . 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. 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. 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. 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. Accordingly, the Parties jointly move this Court for entry of a final judgment, substantially in the form attached hereto as Exhibit 1. 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. Plaintiff, Kiley, Timothy 18 (West 1997). A. this occurs, entry of default and default judgment typically are performed at the same time. Gerdes, Charles W., 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. A .gov website belongs to an official government organization in the United States. The United States and Enova have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. 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. This form is the general form for a judgment after default, not including recovery for prejudgment interest and attorneys' fees: FINAL JUDGMENT This action was heard after entry of default against defendant and at any time after 14 days following entry of this Final Judgment. 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. 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. to dissolve this garnishment pursuant to Florida Statutes 77.05. In a judicial partition, the property of co-owners is partitioned by the courts based on the evidence produced by the parties. L. The term "Southern California" means the counties in California currently served by Pacific's gas pipelines. C. "California Public Power Generation Management Services Contract" means a bona fide contract for managing the operation and sale of output from California Generation Facilities owned by a municipality, an irrigation district, other California state authority, or their agents on January 1, 1998; provided, however, that a contract for managing the operation and sale of output from generation assets of LADWP shall not be deemed a California Public Power Generation Management Services Contract. 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"). There has been no showing that the proposed settlement constitutes an abuse of the Department's discretion or that it is not within the zone of settlements consistent with the public interest. Attorney For The Plaintiff. Your recipients will receive an email with this envelope shortly and 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." Washington, DC 20036, Final Judgments + Proposed Final Judgments, This document is available in two formats: this web page (for browsing content) and. For full print and download access, please subscribe at https://www.trellis.law/. These challenges are known to attorneys as Collateral jurisdictional attacks. Ritsema, 5D18-762 (Fla. 5th DCA January 24, 2020) in which the court entered an amended final judgment ten months after the original final judgment was entered. The Competitive Impact Statement ("CIS") filed in this matter on June 8, 1998, explains why entry of the proposed Final Judgment would be in the public interest. 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. 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. Lloyd Md, Beth, However, if the motion for new trial, motion for rehearing, or other post-trial motion was either untimely or not specifically allowed by the rules of procedure, the 30-day deadline to file an appeal will not be extended in any way, and will instead run from the date of the final order or judgment as usual (and not from an order ruling on the . Courts have the authority to determine the legal owners of a property. 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. Before entering the proposed Final Judgment, the Court is to determine that the Judgment "is in the public interest." 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. Defendant is entitled to entry of a court order enforcing the Settlement The Florida Rules of Civil Procedure do not authorize rehearing of non-final orders, and so filing . D. Defendant shall preserve all records of all efforts made to preserve and divest the Divestiture Assets. . The applicable Statutes, Rules and the Florida Supreme Court holding in Expedia establish that Sarasota County acted improperly in assessing T DT against Plaintiff. 15 U.S.C.A. You have only 30 days from this date to file a motion to vacate the judgment or appeal the judge's decision. 12-034123 (07) . A. ____________________________ United States District Judge. The Final Judgment will remedy the anticompetitive effects of the challenged transaction by requiring the divestiture of the Divestiture Assets. 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. B. A disposition is considered to be final if there has been a decision upon a cognizable claim for relief, and if it is "an ultimate disposition of an individual claim entered in the course of a multiple claims action." Id at 6-7. Your subscription was successfully upgraded. The United States shall base its review of all potential bids screened pursuant to this paragraph solely on the criteria identified in Section IV(I) of this Final Judgment. 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 United States does not believe that the procedures of the Antitrust Procedures and Penalties Act ('CAPPA''), 1 5 U.S .C. 305-275-1155. The APPA requires a sixty-day period for the submission of public comments on the proposed 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. 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. Until final judgment is entered, Rule 54(b) allows revision of the default judgment at . 1 6 (b)-(h), are required in this action. E. Other Legal Requirements--Nothing in this section limits the Defendant's responsibility to comply with the requirements of the HSR Act, with respect to any acquisition. 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. MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. We noticed that you're using an AdBlocker, MOTION - FOR ENTRY OF FINAL JUDGMENT CONFIRMING ARBITRATION AND ENTRY OF FINAL JUDGMENT. In this case, the sixty-day comment period commenced on December 15, 1994, and terminated on February 13, 1995. Perkins, No. A. 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. Please wait a moment while we load this page. F. Interlocutory. vs. 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. "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 WHEREFORE Plaintiff requests this Court grant its motion, taxing costs against the Defendant, and enter a Final Judgment on Garnishment ordering Garnishee to pay to the Plaintiff all sums withheld up to the Direct Dial: (305) 982-6380 . 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. E. "Control" means to have the ability to set the level of output of an electricity generation facility. CASE STYLE (Name of Court) Plaintiff . A partition can be in kind or in money. Adding your team is easy in the "Manage Company Users" tab. 3d 596, 598 citing 682.15, Fla. Stat. The payments to be made by the Settling Defendants under this Adding your team is easy in the "Manage Company Users" tab. The party who won can ask for an award of costs and sometimes attorney fees from the other party, unless those were already . 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. 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. 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. Defendant has informed Plaintiff that Defendant consents to the entry of the Final Judgment in this matter. 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. 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. 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. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. A .gov website belongs to an official government organization in the United States. 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