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. Outside California--Defendant may own, operate, control, or acquire any electricity generation facilities other than California Generation Facilities. Chapter 501, Florida Statutes, 501.201 et. will be able to access it on trellis. 3. 305-275-1155. 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. We have notified your account executive who will contact you shortly. These instructions apply only to state court. Counsel need only file a motion for entry of final judgment after default and set the motion for hearing. (2018).) 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. (b) Property Recovery. 16(e) (emphasis added). when new changes related to " are available. J. 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. MOTION FOR ENTRY OF FINAL JUDGMENT - (JOINT MOTION) February 13, 2017. 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. F. Interlocutory. The plaintiff must typically take one more step and ask for a final judgment against you after default is entered. 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. 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 . A judgment is the official decision made by the court at the end of a lawsuit, criminal trial, or other legal proceeding.In certain cases, a party to the proceeding may make a "motion for judgment, requesting that the court make a decision. E. "Control" means to have the ability to set the level of output of an electricity generation facility. We are currently collect data for this state. 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 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. . 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. 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). A summary judgment disposes of the entire case. Defendant is entitled to entry of a court order enforcing the Settlement 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. Autec v. Southlake Holdings, LLC, 171 N.C. App. After a hearing, the trial court denied the motion to set . 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. Accessing Verdicts requires a change to your plan. The Final Judgment may be entered at this time without further hearing if the Court determines that entry is in the public interest. How to Structure the Motion. A default judgment that does not dispose of all of the claims among all parties is not a final judgment unless the court directs entry of final judgment under Rule 54(b). : 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 . The California Auction Procedures shall be deemed to satisfy this requirement. E. After the appointment of the trustee becomes effective, Defendant shall take no action to interfere with or impede the trustee's accomplishment of the required divestiture, and shall use its best efforts to assist the trustee in accomplishing the required divestiture, including best efforts to effect all necessary regulatory approvals. For a defendant, a final summary judgment should have language that reads something like the following: "The motion for summary judgment is granted. 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. In the event that Defendant has not divested all of the Divestiture Assets within the time specified in Section IV of this Final Judgment, the Court shall appoint, on application of the United States, a trustee selected by the United States to effect the divestiture of the assets. proposed Final Judgment state, the defendant has agreed to pay civil penalties totaling $250,000 within thirty days of entry of the Final Judgment. Miami-Dade County Courthouse. "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. D. Defendant shall preserve all records of all efforts made to preserve and divest 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. 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. DEFENDANT/COUNTERCLAIMANT'S MOTION FOR FINAL DEFAULT JUDGMENT . Please wait a moment while we load this page. 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. This was, after all, an ex parte motion for entry of final judgment. Your alert tracking was successfully added. Motion for Entry of Default Final Judgment Case (s): U.S. v. Scuba Retailers Association Date: Wednesday, April 17, 1996 Document Type: Motions and Memoranda - Miscellaneous This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). The APPA requires a sixty-day period for the submission of public comments on the proposed Final Judgment, 15 U.S.C. Your subscription was successfully upgraded. (See instructions on the reverse of the form.) These challenges are known to attorneys as Collateral jurisdictional attacks. We will email you Official websites use .gov The defendant files a motion for summary judgment seeking dismissal of the claims for negligence and breach . 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. 16 (b)-(h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember. 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, 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. 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. The most common reason a judgment would be void is if the defendant was not properly served. 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. A motion for default does not end your case in most states. Entry of this Final Judgment is in the public interest. 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. Share sensitive information only on official, secure websites. Until the divestiture required by the Final Judgment has been accomplished: A. Each such affidavit shall also include a description of the efforts that Defendant has taken to solicit a buyer for the Divestiture Assets and to provide required information to prospective purchasers, including the limitations, if any, on such information. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, STATE OF FLORIDA by and through its Attorney General Robert A. Butterworth, and. 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. 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. "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. 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. B. The parties can bring certain motions after any judgment, including a summary judgment. Track Judges New Case, Integrale Investments Llc Your credits were successfully purchased. Share sensitive information only on official, secure websites. If the trustee does not deem the information to be confidential, the information shall not be made public before Defendant has an opportunity to seek a protective order from the Court. The United States, the State of Maryland, the State of Florida, and the defendant request that the proposed Final Judgment be entered expeditiously. Plaintiff requests the court review this complaint and grant this motion for order to show cause for entry of final judgment of foreclosure, and grant such further relief as may be awarded at law or in equity. 3d 596, 598 citing 682.15, Fla. Stat. Dana J. Watts, Attorney for Plai Florida Bar Number: 02921741 1620 Main Street Suite One . 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. I. Rule 1.570 - ENFORCEMENT OF FINAL JUDGMENTS (a) Money Judgments. On May 17, 2007, Appellee filed a Motion for Entry of Default Final Judgment seeking Judgment against Appellants on May 23, 2007, granting judgment in favor of Appellee in the Procedure Form 1.977 within forty-five days from date of the Final Judgment, unless it is satisfied or post-judgment discovery is stayed. 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. 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. 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 Notice of Social Security Number (Only 1 Notice of Social Security Number form is required UNLESS you are filing "Uncontested" divorce paperwork. 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 Attach the pdf of the Motion for Default Judgment. 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