Cogeneration facilities--Defendant may own, operate, or control any cogeneration or renewable generation facilities in California. 16 (b)-(h), the United States of America moves for entry of the proposed Final Judgment in this civil antitrust proceeding. 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. STATE OF MARYLAND by and through its Attorney General J. Joseph Curran, Jr.. Pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. 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. 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. These motions are based on the trial court's "'inherent authority to reconsider and, if deemed appropriate, alter or retract any of its nonfinal . 18 (West 1997). 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. Courts can convert an equitable estate into a legal estate [i]. For full print and download access, please subscribe at https://www.trellis.law/. 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. Track Judges New Case, Fawcett Memorial Hospital (Alias) B. The APPA requires a sixty-day period for the submission of public comments on the proposed Final Judgment, 15 U.S.C. Until the divestiture required by the Final Judgment has been accomplished: A. C. Defendant shall take all steps necessary to ensure that the Divestiture Assets are fully maintained in operable condition and shall maintain and adhere to normal maintenance schedules for the Divestiture Assets. The proposed Final Judgment requires BFI to divest certain Attwoods' assets in Chester County, PA; Clay County, FL; Duval County, FL; the Southern Eastern Shore of Maryland; Sussex County, DE; and Western Maryland. MOTION FOR ENTRY OF FINAL JUDGMENT - (JOINT MOTION) February 13, 2017. The United States and Enova have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. Judge WALKER, STEPHEN presiding. We are currently collect data for this state. You will lose the information in your envelope, FAWCETT MEMORIAL HOSPITAL et al vs LLOYD MD, BETH. 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. against A. There is no time limit on filing a motion for relief from judgment if the judgment itself is void. proposed Final Judgment state, the defendant has agreed to pay civil penalties totaling $250,000 within thirty days of entry of the Final Judgment. 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. Your subscription has successfully been upgraded. C. After the appointment of the trustee becomes effective, the trustee shall have the right to sell the Divestiture Assets. D. If at the time information or documents are furnished by Defendant to Plaintiff, Defendant represents and identifies in writing the material in any such information or documents to which a claim of protection may be asserted under Rule 26(c)(7) of the Federal Rules of Civil Procedure, and Defendant marks each pertinent page of such material, "Subject to claim of protection under Rule 26(c)(7) of the Federal Rules of Civil Procedure," then ten calendar days notice shall be given by Plaintiff to Defendant prior to divulging such material in any legal proceeding, other than a grand jury proceeding. At the time of such approval, the settlement between the parties is final. The Complaint states a claim upon which relief may be granted against Defendant under Section 7 of the Clayton Act, as amended. Counsel need only file a motion for entry of final judgment after default and set the motion for hearing. Review the text and proceed, if correct. In this case, the sixty-day comment period commenced on December 15, 1994, and terminated on February 13, 1995. You will lose the information in your envelope. 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. Frequently, during the litigation process, one or both of the parties involved will attempt to use a procedural device known as the motion for summary judgment to dismiss certain issues from the case. 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. Perkins, No. The Court will retain jurisdiction to construe, modify or enforce the Final Judgment. P. 54 filed within 14 days of entry of judgment if a district court extends the time for appeal under Rule 58; D. Certain Conditions on the Auction Procedures. 15 U.S.C.A. The procedures of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. After a hearing, the trial court denied the motion to set . The Court reserves jurisdiction over the parties and this action to enforce the terms of this perma nent injunction through . Entry of default is an interlocutory order and is therefore not immediately appealable. 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 Florida Rules of Civil Procedure do not authorize rehearing of non-final orders, and so filing . See Section 55.10, Florida Statutes, for additional information on perfecting a judgment lien on real property. 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. The APPA requires It is now appropriate for the Court to make the public interest determination required by 15 U.S.C.A. This second step in the process constitutes a final judgment . Instructions for Florida Supreme Court Approved Family Law Forms 12.922(a), Motion for Default, and 12.922(b), Default (11/15) review Florida Rule of Judicial Administration 2.516. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Counter-Plaintiff. Enova may structure its requests for bids to require reasonable easements, licenses, and other arrangements for the continued operation of Common Facilities by Enova. It also requires BFI to offer new, less restrictive contracts to its small containerized hauling customers in Broward County, FL; Polk County, FL; and the greater Baltimore, MD metropolitan area. G. If the trustee has not accomplished the divestiture required by Section IV of this Final Judgment within six months after the appointment of the trustee becomes effective, the trustee shall promptly file with the Court a report setting forth (1) the trustee's efforts to accomplish the required divestiture, (2) the reasons, in the trustee's judgment, why the required divestiture has not been accomplished, and (3) the trustee's recommendations; provided, however, that to the extent such reports contain information that the trustee deems confidential, such reports shall not be filed in the public docket of the Court. The capacity of the Divestiture Assets shall be included in the calculation of whether the 500 MW cap has been reached, as long as Defendant owns such assets. against 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. Accordingly, the Parties jointly move this Court for entry of a final judgment, substantially in the form attached hereto as Exhibit 1. 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. 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. You can always see your envelopes I. Attach the pdf of the Motion for Default Judgment. 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. Secure .gov websites use HTTPS when new changes related to " are available. Miami, Florida 33130. 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. 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. A. this occurs, entry of default and default judgment typically are performed at the same time. This date is very important. Defendant shall make available such information to Plaintiff at the same time that such information is made available to any other person. For the first three reasons, a motion must be made within one year of the judgment being entered. The United States shall, in its sole discretion, determine whether the documentation proffered by Enova is sufficient. This form also tells you about your rights and lists the date the form was mailed to you. 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. 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.". 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. G. 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