to dissolve this garnishment pursuant to Florida Statutes 77.05. Your content views addon has successfully been added. 305-275-1155. It is now appropriate for the Court to make the public interest determination required by 15 U.S.C. What Is a Petition for Writ of Administrative Mandate. B. 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. 9 A corollary to this general principle is that a motion for fees should be filed soon after judgment, even where an appeal is taken. Share sensitive information only on official, secure websites. Each such affidavit shall include, inter alia, the name, address, and telephone number of each person who, at any time after the period covered by the last such report, made an offer to acquire, expressed an interest in acquiring, entered into negotiations to acquire, or was contacted or made an inquiry about acquiring, any interest in the Divestiture Assets, and shall describe in detail each contact with any such person during that period. 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. 2 . B. Defendant is enjoined from acquiring California Generation Facilities without prior notice to and approval of the United States. 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. 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. Purchasers whose bids are accepted by the United States under Section IV(D)(3) will be deemed acceptable. 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. Defendant, DEFENDANT (hereinafter "Defendant"), pursuant to Florida Small Claims. Bouknight, Jr. David R. Roll James B. Moorhead Steptoe & Johnson LLP 1330 Connecticut Ave., N.W. Gerdes, Charles W., F. Interlocutory. Rule 55(c) is amended to make plain the interplay between Rules 54(b), 55(c), and 60(b). ; GEORGIA - Fair Business Practices Act, O.C.G.A. The plaintiff usually gets everything she asked for in the initial petition or complaint she filed against you . Counter-Plaintiff. Helmich v. Wells Fargo Bank, N.A., 136 So.3d 763, 765 (Fla. 1 st DCA 2014). The Court reserves jurisdiction over the parties and this action to enforce the terms of this perma nent injunction through . In Florida, a party in most cases has 20 days to answer a lawsuit. 3d 596, 598 citing 682.15, Fla. Stat. The Clerk has entered a default on February 5, 2014, against Defendant Angela Marino. Autec v. Southlake Holdings, LLC, 171 N.C. App. The plaintiff must typically take one more step and ask for a final judgment against you after default is entered. H. The terms "Independent System Operator" or "ISO" mean an entity that operates the intrastate gas transmission pipelines and related facilities of Pacific Enterprises. 1 6 (b)-(h), are required in this action. 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. Your subscription was successfully upgraded. It's a way for one party to request that the court rule on a particular issue in a case. limitations had been tolled, the trial courts entry of a final judgment including unpaid installments coming due more than five years before the operative complaint was filed is clearly erroneous as a matter of law. R. Civ. Dana J. Watts, Attorney for Plai Florida Bar Number: 02921741 1620 Main Street Suite One . Pcgl Llc, Farfante, Darren. Next legal terms. 4. 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 In particular, this acquisition would give PE/Enova the incentive and ability to limit the supply of natural gas to California electric power plants, raising their costs and the price California consumers pay for electricity. 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 At the time of such approval, the settlement between the parties is final. 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. If the trustee is responsible, it shall similarly notify Defendant. Facsimile: (305) 536-4154 . This date is very important. Please wait a moment while we load this page. Motion for Final Judgement. 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. ASSENTED-TO MOTION FOR ENTRY OF JUDGMENT Plaintiff Commonwealth of Massachusetts moves for entry of the Judgment . Defendant . After entry of the original final judgment in a paternity case, the mother filed a motion to set aside the final judgment. We will email you On June 24, 2008 a breach of contract case was filed I. II. 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. The Final Judgment will remedy the anticompetitive effects of the challenged transaction by requiring the divestiture of the Divestiture Assets. D. Defendant shall provide and maintain sufficient lines of sources of credit to maintain the Divestiture Assets as viable, ongoing businesses. 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. Secure .gov websites use HTTPS Defendant shall not object to a sale by the trustee on any grounds other than the trustee's malfeasance. 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. 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. Defendant has informed Plaintiff that Defendant consents to the entry of the Final Judgment in this matter. the competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration or relief sought, anticipated effects of alternative remedies actually considered, and any other considerations bearing upon the adequacy of such judgment; 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. Defendant shall permit prospective purchasers of the Divestiture Assets to have access to personnel and to make such inspection of physical facilities and any and all financial, operational or other documents and information as may be relevant to the divestiture required by this Final Judgment. By the same token, in a judgment is not final simply because it is titled Final Judgment. Plaintiff, Kiley, Timothy Upon publication of the comments and the Response in the Federal Register on March 13, 1995, the procedures required by the APPA prior to entry of the proposed Final Judgment were completed. You will lose the information in your envelope. Summary judgment is a stage in many Florida personal injury cases in which one or both parties ask the judge to rule in their favor prior to trial. 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. 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. A. The Certificate of Compliance filed by the United States with this Court simultaneously with this motion demonstrates that the requirements of the APPA have been met. 16(b). 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. 15 U.S.C.A. Outside California--Defendant may own, operate, control, or acquire any electricity generation facilities other than California Generation Facilities. 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. C. Enova's obligation to divest an asset shall terminate if any governmental authority permanently revokes any license or permit necessary for the operation of such asset, properly exercises power or eminent domain with respect to such asset, or enters into a settlement agreement with Enova regarding the disposition of such asset to a third party. 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. 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 Certificate of Compliance filed by the United States with this Court simultaneously with this Motion demonstrates that all the requirements of the APPA have been met. In its Competitive Impact Statement and its response to public comments previously filed with the Court, 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. There is no time limit on filing a motion for relief from judgment if the judgment itself is void. CONCLUSION Based on the foregoing analysis, the Plaintiff's Motion for Final Summary Judgment should be granted. Judge WALKER, STEPHEN presiding. Final judgment is entered for defendant [name] and against plaintiff [name]. 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. J. This was, after all, an ex parte motion for entry of final judgment. The last date that Plaintiff provided the Defendant with these funds was in 2010. Direct Dial: (305) 982-6380 . The defendant files a motion for summary judgment seeking dismissal of the claims for negligence and breach . seq. February 5, 2014, against Defendant Angela Marino filing a motion for final Summary judgment should be granted Florida... A default on February 5, 2014, against Defendant Angela Marino parties and this action to the... 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