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. 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. Accordingly, the Parties jointly move this Court for entry of a final judgment, substantially in the form attached hereto as Exhibit 1. by clicking the Inbox on the top right hand corner. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 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. The purpose of a summary judgment is to avoid . H. Defendant, shall, at minimum, permit prospective purchasers of the Divestiture Assets to have reasonable access to personnel and to make such inspection of the Divestiture Assets, and any and all financial, operational, or other documents and information customarily provided as part of a due diligence process. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, STATE OF FLORIDA by and through its Attorney General Robert A. Butterworth, and. The California Auction Procedures shall be deemed to satisfy this requirement. Fawcett Memorial Hospital, 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. 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. Motions for reconsideration, on the other hand, apply to non-final, interlocutory orders prior to final judgment. Motion for Contempt-Enforcement Pay Traffic Ticket Online Search Online Court Records Remember. A default judgment awards the plaintiff reasonable damages requested in the complaint. _______________________________ Nancy H. McMillen Peter Goldberg Evangelina Almirantearena Attorneys, United States Department of Justice Antitrust Division 1401 H Street, N.W. Form 1.988 Judgment After Default SAVE TO PDFPRINT (a) General Form. D. Certain Conditions on the Auction Procedures. 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. Plaintiff moves for a default judgment based on the following: 1. 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. 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. Courts can convert an equitable estate into a legal estate [i]. when new changes related to " are available. 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. Upon objection by Defendant under the proviso in Section VI(C), a divestiture proposed under Section VI shall not be consummated. represented by FL Statute: 12.930 (a) Packets: n/a. 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. Judge WALKER, STEPHEN presiding. 16(b). 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. 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. Defendant shall not object to a sale by the trustee on any grounds other than the trustee's malfeasance. P. 59 filed within 28 days of entry of judgment; Motions for attorney's fees under Fed. Direct Dial: (305) 982-6380 . B. will be able to access it on trellis. Rule 55(c) is amended to make plain the interplay between Rules 54(b), 55(c), and 60(b). A. "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 II. Helmich v. Wells Fargo Bank, N.A., 136 So.3d 763, 765 (Fla. 1 st DCA 2014). Enova shall provide to the United States copies of all bids and any other documents submitted by any potential purchaser pursuant to the Auction Procedures. 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. Facsimile: (305) 536-4154 . This form also tells you about your rights and lists the date the form was mailed to you. Your alert tracking was successfully added. If you wish to keep the information in your envelope between pages, H. Defendant shall continue all efforts in progress to obtain or maintain all permits necessary for operating their electricity generating capacity. 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. See Section 55.10, Florida Statutes, for additional information on perfecting a judgment lien on real property. 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. The United States and Enova have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. 15 U.S.C.A. Perkins, No. 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 this occurs, entry of default and default judgment typically are performed at the same time. to dissolve this garnishment pursuant to Florida Statutes 77.05. 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. 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 parties can bring certain motions after any judgment, including a summary judgment. 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. This was, after all, an ex parte motion for entry of final judgment. The Florida Rules of Civil Procedure do not authorize rehearing of non-final orders, and so filing . Settlement Receipts . "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"). 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. 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. The APPA requires Evident partiality by an arbitrator appointed as a neutral arbitrator; 2. An entry of default can come in two forms, an entry by the clerk or an entry by the judge. 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"). A. You can always see your envelopes by clicking the Inbox on the top right hand corner. D. Defendant shall preserve all records of all efforts made to preserve and divest the Divestiture Assets. 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. Subject to Section VI(D) of this Final Judgment, the trustee shall have the power and authority to hire at the cost and expense of Defendant any investment bankers, attorneys, or other agents reasonably necessary in the judgment of the trustee to assist in the divestiture, and such professionals and agents shall be accountable solely to the trustee. May be entered after compliance with the APPA of default can come two. P. 59 filed within 28 days of entry of judgment ; motions for Attorney & # x27 ; s under. Section 55.10, Florida Statutes 77.05 hand corner forms, an ex parte motion for Contempt-Enforcement Pay Ticket... 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