complaint for injunctive relief florida

25 0 obj <> endobj There could be a negative impact on the plaintiffs public image. Parties 13. /Kids [15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R] /MediaBox [0 0 612 792] >> << 28 0 obj /Type /Pages << /Parent 4 0 R 36 0 obj Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. /Contents [394 0 R 395 0 R 396 0 R] /Contents [198 0 R 199 0 R 200 0 R] >> 5.) hbbd`b`rfb`gb` # /Annots [] /Contents [294 0 R 295 0 R 296 0 R] ( /MediaBox [0 0 612 792] /Type /Page 37. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages. >> A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. competition generally in small container commercial waste collection service in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA area markets will be lessened substantially; actual and potential competition between Allied and Republic in small container commercial waste collection service in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA area markets will be eliminated; prices charged by small container commercial waste collection firms in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA area markets will likely increase; competition generally in disposal of MSW in the Anderson, IN and New York City, NY area markets will be lessened substantially; actual and potential competition between Allied and Republic in disposal of MSW in the Anderson, IN and New York City, NY area markets will be eliminated; prices for disposal of MSW in the Anderson, IN and New York City, NY area markets likely will increase; competition generally in roll-off waste collection service in the Macon, GA area market will be lessened substantially; actual and potential competition between Allied and Republic in roll- off waste collection service in the Macon, GA area market will be eliminated; and. INTRODUCTION . /MediaBox [0 0 612 792] /Resources 309 0 R Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit ( << endobj . << endobj /Contents [134 0 R 135 0 R 136 0 R] /MediaBox [0 0 612 792] advance, Plaintiffs seek immediate declaratory and injunctive relief that directs Defendants to permit a designated representative of each affected candidate and political party into the recount room, as Florida law requires. /Annots [] /CropBox [0 0 612 792] 19 0 obj "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. /Annots [] >> endobj endobj /Annots [] /Parent 9 0 R /Annots [] 86 0 obj /Parent 8 0 R /MediaBox [0 0 612 792] /Type /Page In the Gulf Coast, FL area, the acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. >> /CropBox [0 0 612 792] /Rotate 0 xref Republic would thus be in a position to raise the disposal costs at the landfill and transfer stations which it would own to any new or existing roll-off collection competitor in the Macon, GA area. See Merger Guidelines 1.51. /Annots [] There are no good substitutes for MSW disposal. In the Norfolk, VA area, the acquisition would reduce from three to two the number of significant firms competing in the collection of small container commercial waste. Small container commercial waste collection services are generally provided in highly localized areas because to operate efficiently and profitably, a hauler must have sufficient density in its commercial waste collection operations; i.e., a large number of commercial accounts that are reasonably close together. /Contents [266 0 R 267 0 R 268 0 R] M`5`i`F{qZ /MediaBox [0 0 612 792] The City changed its name from "New /Contents [386 0 R 387 0 R 388 0 R] 45. endobj /CropBox [0 0 612 792] /MediaBox [0 0 612 792] 42. 55. Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. >> /Annots [] "Transfer station" means an intermediate disposal site, often used in more densely populated areas, for the processing and temporary storage of solid waste before transfer, in bulk, to more distant facilities for final disposal. 66 0 obj 69. To access the presentation, visit YouTube or click play on the embedded image below. endobj << /Contents [318 0 R 319 0 R 320 0 R] << The roll-off container, when filled, is picked up by roll-off trucks, which are uniquely well suited for roll-off waste collection, and driven to a nearby disposal site, where the container's contents are disposed. /Count 10 /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Contents [158 0 R 159 0 R 160 0 R] /Kids [65 0 R 66 0 R 67 0 R 68 0 R 69 0 R 70 0 R 71 0 R 72 0 R 73 0 R 74 0 R] ? After the acquisition, Republic would own two of the three transfer stations, which together would control in excess of 65 percent of the MSW disposal market, which has annual revenues in excess of $3 million. endobj /CropBox [0 0 612 792] Small container commercial service vehicles routinely employ compaction systems on the truck to increase storage capacity, and can empty numerous small containers located on a scheduled route before being driven to a disposal site. PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Annots [] Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. /Type /Page Thus, small container commercial waste collection service is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. PDF Complaint for Injunctive and Other Equitable Relief 2. << /Type /Page endobj endobj 58. Local small container commercial waste collection firms in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA areas can profitably increase charges to local customers without losing significant sales to more distant competitors. /Parent 11 0 R /CropBox [0 0 612 792] /Parent 13 0 R /Resources 341 0 R /MediaBox [0 0 612 792] /Rotate 0 /Resources 149 0 R >> /Rotate 0 hb```"FN%n010pKsg``Z ^^@Y"bL38/4F `} endstream endobj 24 0 obj <> endobj 25 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 26 0 obj <>stream >> /Contents [102 0 R 103 0 R 104 0 R] /MediaBox [0 0 612 792] /Rotate 0 The significant share of the roll-off collection market which Republic would have, its control of the primary disposal sites in the area, and its frequent use of long-term, automatically renewing contracts with roll-off collection customers, would make entry into the Macon, GA roll-off waste collection market difficult, and unlikely to prevent market incumbents from significantly raising prices for the collection of roll-off waste following the acquisition. 0000000016 00000 n >> However, the incumbents' use of price discrimination and long-term contracts prevents new entrants from winning a large enough base of customers to achieve efficient routes in sufficient time to constrain the post-acquisition firm from significantly raising prices after the transaction. The differences in size, type, and volumes of roll-off waste and the equipment used to collect it distinguish roll-off waste collection from all other waste collection services. 0000002929 00000 n trailer >> /Rotate 0 /Parent 11 0 R Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. /MediaBox [0 0 612 792] /Parent 7 0 R 6th Street Ft. Lauderdale, FL 33301 Defendants. /Type /Page THIS COURT'S POWER TO GRANT RELIEF 84. << /Contents [406 0 R 407 0 R 408 0 R] /Type /Page ( /Contents [254 0 R 255 0 R 256 0 R] 6. Anderson, IN and New York City, NY are two such areas. /CreationDate (D:20220824140929-04'00') Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. /Resources 109 0 R /Type /Page endobj 0000006259 00000 n %PDF-1.6 /Rotate 0 << COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. /Contents [334 0 R 335 0 R 336 0 R] >> /Type /Page << /Annots [] 53 0 obj /MediaBox [0 0 612 792] /Type /Page /CropBox [0 0 612 792] /Parent 13 0 R What happens if the temporary injunction is not granted? /Contents [330 0 R 331 0 R 332 0 R] 8 0 obj 0000003645 00000 n IV. In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. /Parent 11 0 R endobj On residential routes, the crews generally hand-load the customer's MSW, typically by tossing garbage bags and emptying trash cans into the vehicle's storage section. Complaint for Injunctive Relief and Damages for Breach of "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. /Count 10 /MediaBox [0 0 612 792] 77 0 obj /Contents [366 0 R 367 0 R 368 0 R] /CropBox [0 0 612 792] /Parent 13 0 R "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. Less frequently, haulers may use more maneuverable, but less efficient, rear-end loader ("REL") trucks, especially in those areas in which a collection route includes narrow alleyways or streets. 2018 to May 6, 2021. stream /Parent 4 0 R /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Type /Page << "MSW" means municipal solid waste, a term of art used to describe solid putrescible waste generated by households and commercial establishments such as retail stores, offices, restaurants, warehouses, and non-manufacturing activities in industrial facilities. ( 12. ( /Parent 9 0 R 94 0 obj That defendants be permanently enjoined from carrying out the acquisitions of those assets in the separate purchase agreements dated July 28 and October 7, 1999, or from entering into or carrying out any agreement, understanding or plan, the effect of which would be to exchange those assets between the defendants; 3. 0000001536 00000 n In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. Copyright 2008-2023 Jimerson Birr, P.A. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 70 0 obj << << ( /Annots [] /Resources 145 0 R /Contents [238 0 R 239 0 R 240 0 R] /CropBox [0 0 612 792] 23. >> endobj 64. The cost advantage of local landfills limits the areas where MSW can be economically transported and disposed of by haulers and creates localized markets for MSW disposal services. /Contents [130 0 R 131 0 R 132 0 R] 4 0 obj 17. 90 0 obj Preference Primary election in Florida. 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id /Annots [] << /Annots [] Noncompete Agreements: Protecting Referral Relationships as Legitimate Business Interests, Hiring for Florida Banks and Credit Unions: A Summary of Background Checks and Other Information Required to Comply With Various Regulatory Schemes. 88 0 obj<>stream Plaintiff LEAGUE OF WOMEN VOTERS OF FLORIDA ("LWVF" or the "League") is the Florida affiliate of the League of Women Voters of the United States. 65. /Parent 7 0 R The likely effect of these acquisitions is to substantially lessen competition and to tend to create a monopoly in interstate trade and commerce in violation of Section 7 of the Clayton Act. /MediaBox [0 0 612 792] 0000001275 00000 n >> /Type /Page /CropBox [0 0 612 792] << endstream endobj 29 0 obj <>stream 3. /Rotate 0 /Parent 12 0 R << /Annots [] /MediaBox [0 0 612 792] /Resources 265 0 R /Kids [35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R] /Annots [] /CropBox [0 0 612 792] /Type /Page endobj /MediaBox [0 0 612 792] /Type /Page >> /Annots [] /Parent 9 0 R /Resources 129 0 R /Resources 173 0 R 89 0 obj /MediaBox [0 0 612 792] /Contents [142 0 R 143 0 R 144 0 R] /Resources 293 0 R /Type /Page 63 0 obj /Resources 253 0 R These differences mean that roll-off waste collection firms can profitably increase their charges for roll-off waste collection services without losing significant sales or revenues to firms engaged in the provision of other types of waste collection services. "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. 68 0 obj Secure .gov websites use HTTPS /Type /Page /Annots [] /Rotate 0 61. COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . These differences mean that small container commercial waste collection firms can profitably increase their charges for small container commercial waste collection services without losing significant sales or revenues to firms engaged in the provision of other types of waste collection services. >> Z( 57. >> trailer endobj /Resources 181 0 R /Resources 165 0 R ( Thus, disposal of MSW is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisition under Section 7 of the Clayton Act. /Resources 189 0 R /Annots [] >> /Kids [85 0 R 86 0 R 87 0 R 88 0 R 89 0 R 90 0 R 91 0 R 92 0 R 93 0 R] 40. >> /Parent 13 0 R /Rotate 0 #%$""!&+7/&)4)! 33. 0000002992 00000 n /Rotate 0 % _l {:\! /MediaBox [0 0 612 792] 0000001641 00000 n /Resources 401 0 R Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. /Resources 237 0 R 0000000879 00000 n 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt 12102(1)-(2), the regulations implementing the . This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. /Parent 13 0 R /Parent 4 0 R << /Rotate 0 >> << %%EOF 0000002235 00000 n /CropBox [0 0 612 792] Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. >> % /Filter /FlateDecode 33 0 obj 0000001994 00000 n 2. endobj /Annots [] >> 59. For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. Because of its characteristics (e.g. /Contents [338 0 R 339 0 R 340 0 R] /Resources 297 0 R 0 9 0 obj /Type /Page /Parent 8 0 R /Type /Page /Type /Page 4 0 obj /Type /Page /Contents [362 0 R 363 0 R 364 0 R] /Annots [] << In their waste collection and waste disposal businesses, defendants make sales and purchases in interstate commerce, ship waste in the flow of interstate commerce, and engage in activities substantially affecting interstate commerce. << /CropBox [0 0 612 792] /Rotate 0 13 0 obj 5. 12. >> /CropBox [0 0 612 792] /Parent 10 0 R /Rotate 0 PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General /MediaBox [0 0 612 792] >> and Florida Statute 86.011, et seq. /Rotate 0 /Rotate 0 ( /Parent 11 0 R Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . << _______/s/____________________ Donna E. Patterson Deputy Assistant Attorney General, _________/s/__________________ Constance K. Robinson Director of Operations and Merger Enforcement, ________/s/___________________ J. Robert Kramer II Chief, Litigation II Section, _________/s/__________________ Willie L. Hudgins Assistant Chief, Litigation II Section, ___________/s/________________ Arthur A. Feiveson IL Bar # 3125793, __________/s/_________________ Michael K. Hammaker DC Bar # 233684, __________/s/_________________ Chinita M. Sinkler MD Bar, U.S. Department of Justice Antitrust Division, Litigation II Section 1401 H Street, NW, Suite 3000 Washington, D.C. 20530 (202) 307-0924. /Annots [] 50. Temporary Injunction - Florida Litigation Guide /Resources 369 0 R /Parent 13 0 R /Parent 10 0 R Statutes & Constitution :View Statutes : Online Sunshine To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. /MediaBox [0 0 612 792] /Annots [] /CropBox [0 0 612 792] The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. /Type /Page 15 0 obj >> A temporary injunction is sought to stop a party from engaging in certain conduct or to require a party to engage in certain conduct until a final decision may be made concerning the merits of the dispute. On February 10, 2023, the Court screened the 27 First Amended Complaint and dismissed it for failure to state a claim, with leave to amend within 28 thirty days. /Annots [] /CropBox [0 0 612 792] PDF United States District Court Northern District of Florida Pensacola /Count 79 30 0 obj <>/Filter/FlateDecode/ID[<3860DCF29749FC4EACF121159FB5FA73><3860DCF29749FC4EACF121159FB5FA73>]/Index[25 7]/Info 24 0 R/Length 36/Prev 968458/Root 26 0 R/Size 32/Type/XRef/W[1 2 0]>>stream 31 0 obj <>stream /Type /Page ( COMPLAINT FOR INJUNCTIVE, DECLARATORY RELIEF, AND DAMAGES Plaintiff, STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS sues Defendant, TODD TEAL d/b/a WALTER A. SMITH, SNUFFY SMITH, (TEAL) and alleges: NATURE OF THE ACTION 1. This is a civil action brought by the United States of America to enjoin defendant . endobj Allied and Republic directly compete in small container commercial waste collection service in a number of markets nationwide, including the areas of: Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA. ( 1114 Trademark Infringement . Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . 56 0 obj What impact will it have on third-parties and employees? The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. An official website of the United States government. /Count 10 /Rotate 0 /Rotate 0 /Contents [174 0 R 175 0 R 176 0 R] /MediaBox [0 0 612 792] PDF Complaint for Emergency Injunctive and Declaratory Relief The President of the United States and the Governor of Florida have each declared a state of emergency. A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . endobj /Resources 337 0 R >> /CropBox [0 0 612 792] /Annots [] /Contents [226 0 R 227 0 R 228 0 R] 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. /Parent 8 0 R /Contents [206 0 R 207 0 R 208 0 R] /CropBox [0 0 612 792] /Rotate 0 %PDF-1.5 % << In the United States District Court for The Southern District of New York /CropBox [0 0 612 792] /CropBox [0 0 612 792] Haulers organize their commercial accounts into routes, and collect and transport the MSW generated by these accounts in vehicles uniquely well suited for small container waste collection -- primarily front-end loader ("FEL") trucks. endobj This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. << PDF Complaint for Injunctive Relief Representatives endobj /CropBox [0 0 612 792] "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. 26. 49. 46. /Annots [] /Annots [] For example, for a market consisting of four firms with shares of thirty, thirty, twenty, and twenty percent, the HHI is 2600 (302 + 302 + 202 + 202 = 2600). /Rotate 0 /Annots [] Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. /Parent 13 0 R Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing 41 0 obj The predictable result is the denial of the vote to untold numbers of Floridians who had planned to vote in person on Election Dayincluding those who are elderly or have health conditions and cannot get to the polls without tremendous risk, university students who are no longer present in their county of registration because their dorms have closed, and those who venture out but encounter long lines and confusion at the polls. /CropBox [0 0 612 792] /Parent 7 0 R /CropBox [0 0 612 792] /Type /Page << /Contents [126 0 R 127 0 R 128 0 R] /Rotate 0 Microsoft Word - 2022-08-24 - Complaint - FINAL >> /Annots [] /Rotate 0 29 0 obj /Creator (PScript5.dll Version 5.2.2) << 49 0 obj endobj /CropBox [0 0 612 792] /CropBox [0 0 612 792] << 5 0 obj /MediaBox [0 0 612 792] /Parent 8 0 R Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; /Parent 14 0 R << /Resources 377 0 R In such areas, many of the problems associated with the permitting and construction of a landfill could make it difficult to permit and construct a transfer station. >> 10 0 obj PDF Verified Complaint for Declaratory and Injunctive Relief Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. >> /Count 10 endobj /Annots [] This form is a Complaint for Injunctive Relief and Damages. That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . If the major roll-off competitor in a market likewise precludes significant competition through the use of long-term customer contracts which automatically renew, entry by new competitors and growth from existing ones are further hindered. /MediaBox [0 0 612 792] After the acquisition, Republic would control over 50 percent--and two firms about 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $22 million. /Contents [166 0 R 167 0 R 168 0 R] ( /Contents [370 0 R 371 0 R 372 0 R] ( /CropBox [0 0 612 792] 12 0 obj 1 0 obj (2001). Last updated on November 21, 2022. %PDF-1.4 % 9. << ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . 1391, . WEST PALM BEACH DIVISION . DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. 3 0 obj /Resources 357 0 R construction debris) and volume, roll-off waste is deposited by the customer/generator into a disposal container (usually 20 to 40 cubic yards in size) which is larger than those routinely used in small container commercial collection (usually one to 10 cubic yards in size). Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. >> /Resources 185 0 R /Type /Page Due to the high costs of transporting MSW, and the substantial travel time to other disposal facilities based on distance, natural barriers, and congested roadways, haulers of MSW from the Anderson, IN and New York City, NY areas, respectively, are limited to transfer station disposal sites located in each of their local areas. CASE NO. /Type /Page The Corps' environmental analysis for this project is based on the same assumptions and 7402(a) to prevent such conduct. /Rotate 0 << endobj Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense .

complaint for injunctive relief florida 2023