complaint for injunctive relief florida

complaint for injunctive relief florida

endobj %%EOF /Parent 13 0 R Does the temporary injunction preserve the Status Quo or does it make a change? /Type /Page endobj 12. Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. /Rotate 0 /MediaBox [0 0 612 792] 0000001563 00000 n trailer 0000001275 00000 n /Annots [] stream /CropBox [0 0 612 792] /Contents [338 0 R 339 0 R 340 0 R] 63 0 obj /MediaBox [0 0 612 792] /Type /Page 9. /CropBox [0 0 612 792] /Parent 9 0 R /Rotate 0 /Type /Page /Resources 273 0 R >> 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 /Rotate 0 24. 71 0 obj /Type /Pages /Resources 325 0 R /MediaBox [0 0 612 792] /Annots [] << /Parent 4 0 R >> /PageLabels 3 0 R /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] << /Type /Page 56. /Annots [] /CropBox [0 0 612 792] /Rotate 0 %PDF-1.3 % /Resources 137 0 R ( "New York City, NY area" means the Borough of Brooklyn, New York. 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. /Annots [] /CropBox [0 0 612 792] /Parent 10 0 R Section 13(b) of the FTC Act, 15 U.S.C. /Resources 153 0 R endobj /Type /Page Rather, its about dealing with the future, not something that happened in the past. startxref 72 0 obj ( /Resources 217 0 R /CropBox [0 0 612 792] trailer endobj /MediaBox [0 0 612 792] 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. /Type /Page /CropBox [0 0 612 792] /Rotate 0 31 0 obj <>stream endobj 0000000016 00000 n 69. In the Macon, GA area, the acquisition would reduce from two to one the number of significant firms that compete in the collection of small container commercial waste. /Contents [222 0 R 223 0 R 224 0 R] >> /Rotate 0 /MediaBox [0 0 612 792] 3. "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. 0 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. Waste collection firms, or "haulers," collect MSW from residential, commercial and industrial establishments, and transport the waste to a disposal site, such as a transfer station, sanitary landfill or incinerator, for processing and disposal. endobj In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . 55. /Contents [194 0 R 195 0 R 196 0 R] /CropBox [0 0 612 792] 58 0 obj /MediaBox [0 0 612 792] 0000000592 00000 n 7. provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. /Subtype /XML /Annots [] >> 2320 0 obj<> endobj 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. As such, following the process to the tee will help improve your chances for success. Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). endobj Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? 27 0 obj /Resources 105 0 R ( << /Contents [374 0 R 375 0 R 376 0 R] /Annots [] Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. /Parent 8 0 R and Florida Statute 86.011, et seq. << hear the plaintiff's claim for declaratory and injunctive relief because the plaintiff alleged an amount in controversy in excess of $15,000; which obviously, is due to the fact that . /Parent 12 0 R 2 0 obj >> /Contents [230 0 R 231 0 R 232 0 R] 2201 a nd 2202. /Resources 337 0 R /Resources 333 0 R /Resources 305 0 R /Contents [122 0 R 123 0 R 124 0 R] endobj In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. /Contents [166 0 R 167 0 R 168 0 R] /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. /Rotate 0 <> endobj The differences in size, type, and volumes of roll-off waste and the equipment used to collect it distinguish roll-off waste collection from all other waste collection services. /Type /Page /Kids [15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R] << << endobj /Rotate 0 /Type /Page /Parent 9 0 R /Type /Page 64 0 obj 8. This is a must-watch video before you consider whether to sue for injunction. 5. endobj /Resources 221 0 R stores and restaurants). - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. 87 0 obj /Type /Page /MediaBox [0 0 612 792] /Annots [] /CropBox [0 0 612 792] /Parent 14 0 R endobj /Type /Page 26. /MediaBox [0 0 612 792] 25 0 obj <> endobj endobj In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. /Rotate 0 << endstream Allied is located in and transacts business in the District of Columbia, and Republic submits to the personal jurisdiction of the District of Columbia in this proceeding. /Type /Metadata #%$""!&+7/&)4)! /Annots [] 92 0 obj 88 0 obj<>stream /Contents [398 0 R 399 0 R 400 0 R] 80 0 obj 0000002929 00000 n /CropBox [0 0 612 792] For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. 51 0 obj Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. >> /CropBox [0 0 612 792] << COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. /Resources 145 0 R not 75 0 obj In the Macon, GA area, the proposed acquisitions would result in Republic controlling more than 60 percent of the roll-off waste collection market at the same time it owns the two primary disposal options which any roll-off competitor would most likely use. /Type /Page /Type /Page state of Florida in 1925 and yet again in 1943, under the legislative powers granted to the Florida legislature under the 1885 Constitution of the State of Florida. %PDF-1.6 /Type /Page /MediaBox [0 0 612 792] /CropBox [0 0 612 792] << 22 and 28 U.S.C. 22 0 obj stream Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. endobj Unless the twelve acquisitions are enjoined, consumers of waste collection and disposal services will likely pay higher prices and receive fewer services as a consequence of the elimination of the vigorous competition between defendants Allied and Republic. >> /MediaBox [0 0 612 792] /Resources 297 0 R endobj 2. 2320 14 ( endobj << endobj endobj ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. /Parent 8 0 R 2201-202, and . /Resources 113 0 R Accordingly, injunctive relief ordering the extension of vote-by-mail options and other accommodations at polling places is necessary to protect the fundamental right to vote. << Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing endobj /Rotate 0 /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Type /Page 1391, . Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 /Pages 4 0 R xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. ( endstream endobj startxref /MediaBox [0 0 612 792] endobj /Count 10 /Kids [45 0 R 46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R 54 0 R] /Annots [] /Rotate 0 For a variety of reasons, other types of collection activities, such as roll-off containers (typically used for construction debris) and collection of liquid or hazardous waste, are also rarely combined with commercial waste collection activities. /Type /Page /Type /Page %PDF-1.4 % /Rotate 0 /Annots [] << 11 0 obj /Rotate 0 /Parent 7 0 R <<14CA263718F8354CB34DA495C0495A29>]>> /Contents [142 0 R 143 0 R 144 0 R] This document is available in two formats: this web page (for browsing content) and. /Type /Page startxref 0000001536 00000 n /Rotate 0 /Rotate 0 In addition, Wilson traveled at least twice to Florida for work-related trips in 2019, including once to Miami and Tampa in or around the spring of 2019 and once to Orlando in or around November or December 2019. >> /Parent 14 0 R /MediaBox [0 0 612 792] If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050. Preference Primary election in Florida. /Annots [] /MediaBox [0 0 612 792] /Resources 193 0 R /Length 3282 The City changed its name from "New /MediaBox [0 0 612 792] Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. /Resources 353 0 R judgment, and preliminary and permanent injunctive relief and damages. >> 5.) /Rotate 0 << /Parent 10 0 R << 27. 57. /Resources 293 0 R /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Parent 12 0 R /Annots [] That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. 18. endobj Amended Complaint "Motion") [ECF(the No. SOUTHERN DISTRICT OF FLORIDA . 44 0 obj /Parent 8 0 R /Resources 265 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] /Parent 7 0 R 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. << /Parent 9 0 R /Rotate 0 On July 28 and October 7, 1999, Allied and Republic entered into separate asset purchase agreements in which they agreed to exchange certain waste hauling and disposal assets. << /Resources 261 0 R /Annots [] /Parent 10 0 R 50. >> relief pursuant to Chapter 86, Florida Statutes. MSW is generally transported by collection trucks to landfills and transfer stations, and the availability of disposal sites close to a hauler's routes is a major element that determines a hauler's competitiveness and profitability. /Resources 377 0 R /Contents [186 0 R 187 0 R 188 0 R] /Annots [] << /MediaBox [0 0 612 792] 33. /Contents [110 0 R 111 0 R 112 0 R] /CropBox [0 0 612 792] /CropBox [0 0 612 792] /CropBox [0 0 612 792] << endobj Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. 0000001373 00000 n /Parent 10 0 R Page 3 of 15 7. The United States of America, acting under the direction of the Attorney General of the United States, brings this civil antitrust action to enjoin the acquisition of certain waste hauling and disposal assets by Defendants Allied Waste Industries, Inc. ("Allied") and Republic Services, Inc. ("Republic") and to obtain equitable relief and other relief as appropriate. 0000006259 00000 n /Parent 9 0 R /MediaBox [0 0 612 792] ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; 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). /Type /Page /Type /Page << >> /Parent 4 0 R /Parent 4 0 R /Type /Page /MediaBox [0 0 612 792] xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 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. Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. Copyright 2008-2023 Jimerson Birr, P.A. << >> 7.) This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. /Rotate 0 After the acquisition, Republic would control about 40 percent--and three firms over 75 percent--of the small container commercial waste hauling market, which has annual revenues of about $18 million. 69 0 obj >> /Parent 12 0 R 32 0 obj /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Contents [390 0 R 391 0 R 392 0 R] The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. /Contents [326 0 R 327 0 R 328 0 R] endobj 0000002235 00000 n ( /Type /Page /Contents [238 0 R 239 0 R 240 0 R] >> /Rotate 0 endobj 36 0 obj /MediaBox [0 0 612 792] /Creator (PScript5.dll Version 5.2.2) >> endobj See also Chapter 224.08, Special Acts of Florida, 1943. /Contents [246 0 R 247 0 R 248 0 R] hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` Transactions that increase the HHI by more than 100 points in highly concentrated markets presumptively raise antitrust concerns under the Horizontal Merger Guidelines issued by the U.S. Department of Justice and the Federal Trade Commission. /MediaBox [0 0 612 792] 37 0 obj An individual commercial customer typically generates substantially more MSW than a residential customer. /Rotate 0 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. << 23. Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. 17. << There are no good substitutes for MSW disposal. Allied is the nation's second largest waste hauling and disposal company. for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. 23 0 obj /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Resources 97 0 R 25. An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. That defendants' proposed sales of hauling assets 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, and defendants' proposed sales of MSW disposal assets in the Anderson, IN; Macon, GA and New York City, NY area markets be adjudged and decreed to be unlawful and in violation of Section 7 of the Clayton Act; 2. 25 0 obj /Annots [] "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. ( 45], filed on August 192021, . << /ModDate (D:20220824143048-04'00') /CropBox [0 0 612 792] >> /Parent 9 0 R The transactions likely will have the following effects, among others: 1. /Filter /FlateDecode ( /Parent 10 0 R /MediaBox [0 0 612 792] endobj endobj The acquisition would reduce from three to two the number of significant firms that compete in the collection of small container commercial waste in the Burlington and Camden Counties, NJ area. Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. /Rotate 0 /MediaBox [0 0 612 792] 4. /Annots [] >> >> /Parent 7 0 R << /Type /Page /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. 26 0 obj 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. /Resources 241 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. ( ]\q( $QSRP@=8`) $CC16 PI_ XL The global coronavirus pandemic threatens to disrupt the Presidential << /Contents [294 0 R 295 0 R 296 0 R] 52 0 obj /CropBox [0 0 612 792] /MediaBox [0 0 612 792]

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