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. Pcgl Llc, We have notified your account executive who will contact you shortly. The United States shall, in its sole discretion, determine whether the documentation proffered by Enova is sufficient. Direct Dial: (305) 982-6380 . Plaintiff moves for a default judgment based on the following: 1. 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. 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. The court reserves jurisdiction to consider a timely motion to tax costs and attorney's fees." 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. These motions are based on the trial court's "'inherent authority to reconsider and, if deemed appropriate, alter or retract any of its nonfinal . If the Landlord is seeking a Default Final judgment - Damages (Residential Eviction), a copy of the motion and affidavit must be served on the Defendant. Fawcett Memorial Hospital, 16 (b)-(h), are not required in this action. : 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 . 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. Plaintiff has incurred costs as result of this garnishment. Entry of ex parte orders are very much disfavored in the law. "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. E-mail: . (202) 307-6316 (202) 616-2441(Fax), UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA. 12-034123 (07) . 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." Settlement Receipts . Within fifteen calendar days of receipt by Plaintiff of such notice, Plaintiff may request from Defendant, the proposed purchaser, any other third party, or the trustee, if applicable, additional information concerning the proposed divestiture and the proposed purchaser. 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 . Lloyd Md, Beth, fair, adequate, and reasonable. In making that determination, the Court may consider: (2) 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. 16 (b)-(h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. WALKER, STEPHEN 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. 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. Defendant shall pay post judgment interest on any delinquent amounts . 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. The United States, the State of Maryland, the State of Florida, and the defendant request that the proposed Final Judgment be entered expeditiously. Corruption by an arbitrator; or 3. Outside California--Defendant may own, operate, control, or acquire any electricity generation facilities other than California Generation Facilities. We are currently collect data for this state. An official website of the United States government. 2 . 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. 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. Purchasers whose bids are accepted by the United States under Section IV(D)(3) will be deemed acceptable. Lehmann, 39 S.W.3d at 205. The motion must have certain supporting documents: (i) plaintiff's affidavit detailing the complaint's factual allegation (including the calculation . Defendant is entitled to entry of a court order enforcing the Settlement CONCLUSION Based on the foregoing analysis, the Plaintiff's Motion for Final Summary Judgment should be granted. If you wish to keep the information in your envelope between pages, Secure .gov websites use HTTPS Miami-Dade County Courthouse. 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. 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. 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. _________________________________________ Plaintiff Certificate of Service. A. The Final Judgment may be entered at this time without further hearing, if the court determines that entry is in the public interest. 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, Helmich v. Wells Fargo Bank, N.A., 136 So.3d 763, 765 (Fla. 1 st DCA 2014). "California Generation Facilities" means (1) electricity generation facilities in California in existence on January 1, 1998, excluding such facilities that are rebuilt, repowered, or activated out of dormancy after January 1, 1998, as long as such rebuild, repower, or activation out of dormancy project, if done by Defendant, begins within one year of purchase; and (2) any contract for operation and sale of output from generating assets of the Los Angeles Department of Water and Power ("LADWP"). Perkins, No. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. when new changes related to " are available. by 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. H. Defendant shall continue all efforts in progress to obtain or maintain all permits necessary for operating their electricity generating capacity. 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. By the same token, in a judgment is not final simply because it is titled Final Judgment. We noticed that you're using an AdBlocker, MOTION - FOR ENTRY OF FINAL JUDGMENT CONFIRMING ARBITRATION AND ENTRY OF FINAL JUDGMENT. 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 defendant files a motion for summary judgment seeking dismissal of the claims for negligence and breach . 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. This action was commenced on December 1, 1994, when the United States, the State of Maryland ("Maryland") and the State of Florida ("Florida") filed a Complaint alleging that the acquisition by Browning-Ferris Industries, Inc. ("BFI") of the ordinary voting shares of Attwoods plc ("Attwoods") violated Section 7 of the Clayton Act because the effects of the acquisition may be substantially to lessen competition in interstate trade and commerce for small containerized hauling services in the following relevant markets: the greater Baltimore, MD metropolitan area; Broward County, FL; Chester County, PA; Clay County, FL; Duval County, FL; Polk County, FL; the Southern Eastern Shore of Maryland; Sussex County, DE; and Western Maryland. D. Defendant shall preserve all records of all efforts made to preserve and divest the Divestiture Assets. 16. "Portland General Electric Contract" means the contracts, dated November 15, 1985, for 75 MW of firm capacity and associated transmission. The plaintiff usually gets everything she asked for in the initial petition or complaint she filed against you . 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. 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. 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. You can always see your envelopes 16(e) (emphasis added). Farfante, Darren. allegations / or separate affidavit if Children) _____ Restoration of former name pled? 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. See Section 55.10, Florida Statutes, for additional information on perfecting a judgment lien on real property. Accordingly, the Parties jointly move this Court for entry of a final judgment, substantially in the form attached hereto as Exhibit 1. 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. The last date that Plaintiff provided the Defendant with these funds was in 2010. Facsimile: (305) 536-4154 . Bouknight, Jr. David R. Roll James B. Moorhead Steptoe & Johnson LLP 1330 Connecticut Ave., N.W. 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. This date is very important. 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. Acquisitions above the cap--In any event, the Defendant may acquire or control, California Generation Facilities in excess of 500 MW, subject to the prior approval of the United States as provided in Paragraphs V(A)(1) and V(A)(2). G. Unless it has obtained the prior approval of the United States, Defendant shall not terminate or reduce the current employment, salary, or benefit arrangements for any personnel employed by Defendant who work at, or have managerial responsibility for, electricity generating facilities, except in the ordinary course of business. 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. try clicking the minimize button instead. 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. B. The Complaint states a claim upon which relief may be granted against Defendant under Section 7 of the Clayton Act, as amended. 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