/Rotate 0 /Annots [] << /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Annots [] /Type /Page (Compl . 88 0 obj 93 0 obj << /Resources 337 0 R /MediaBox [0 0 612 792] Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida. /MediaBox [0 0 612 792] ( endobj Should you request a temporary injunction or push quickly for final permanent injunction. /Rotate 0 /Contents [314 0 R 315 0 R 316 0 R] /Parent 7 0 R 3 0 obj endobj In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . /Type /Page This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. /Parent 12 0 R endobj /MediaBox [0 0 612 792] CASE NO.
PDF COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF - NSB Anglers Yacht 45], filed on August 192021, . /Parent 9 0 R endobj endobj /Contents [194 0 R 195 0 R 196 0 R] /Type /Pages 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.
/Rotate 0 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. 0000001317 00000 n
and Florida Statute 86.011, et seq. Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. After the acquisition, Republic would control over 50 percent--and two firms over 80 percent-- of the small container commercial waste hauling market, which has annual revenues of about $29 million. >> << /Contents [274 0 R 275 0 R 276 0 R] The Anderson, IN and New York City, NY areas are therefore sections of the country, or relevant geographic markets, for purposes of analyzing the competitive effects of the acquisition under Section 7 of the Clayton Act. endobj 80 0 obj /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] /Contents [154 0 R 155 0 R 156 0 R] /Rotate 0 >> 62 0 obj /MediaBox [0 0 612 792] << /Resources 177 0 R endobj 0000006259 00000 n
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/CropBox [0 0 612 792] "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. endstream
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Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. 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.
PDF Motion for Summary Judgment - Liberty Counsel /MediaBox [0 0 612 792]
PDF Complaint for Permanent Injunction and Other Equitable Relief endobj 4. /Type /Metadata Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. /Parent 14 0 R /Rotate 0 /Resources 409 0 R "Small container commercial waste collection service" means the business of collecting MSW from commercial and industrial accounts, usually in "dumpsters" (i.e., a small container with one to ten cubic yards of storage capacity), and transporting or "hauling" such waste to a disposal site by use of a front-or rear-end loader truck. 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. >> >> /Resources 333 0 R >> /Count 10 Managing Partner /CropBox [0 0 612 792] >> << /MediaBox [0 0 612 792] relief pursuant to Chapter 86, Florida Statutes. /Resources 237 0 R /Contents [102 0 R 103 0 R 104 0 R] ( ( /Annots [] /MediaBox [0 0 612 792] /Creator (PScript5.dll Version 5.2.2) 44. 34. /Contents [362 0 R 363 0 R 364 0 R] /Parent 10 0 R >> 75 0 obj /Parent 4 0 R >> endobj 2320 0 obj<>
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/Annots [] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 92 0 obj Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. << 0000003946 00000 n
After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /Resources 141 0 R endobj << /Type /Pages 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. Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. /Type /Page /Rotate 0 %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr /Rotate 0 << 7 0 obj /Rotate 0 The county court may issue a temporary and permanent injunction where appropriate for violation of ss. 2201 a nd 2202. : 01-42230-BKC-AJC . If the major roll-off collection competitor in a market also controls the primary disposal site(s) therein, other roll-off competitors are at a large disadvantage and entry is difficult. /Resources 149 0 R How long will the injunction be effective? The Macon, GA area is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the ClaytonAct. ( /Rotate 0 The proposed transactions, identified below, would lessen competition substantially in waste collection and/or disposal services: (1) Allied's acquisition of hauling assets in Albany, New York; (2) Allied's acquisition of hauling assets in Augusta, Georgia; (3) Allied's acquisition of hauling assets in Memphis, Nashville and Clarksville, Tennessee; (4) Allied's acquisition of disposal assets in New York, New York; (5) Allied's acquisition of hauling assets in Norfolk, Virginia; (6) Allied's acquisition of hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida ("Gulf Coast, Florida"); (7) Republic's acquisition of disposal assets in Anderson, Indiana; (8) Republic's acquisition of hauling assets in Columbus, Ohio; (9) Republic's acquisition of hauling assets in Lakeland, Florida; (10) Republic's acquisition of hauling assets in Louisville, Kentucky and Sellersburg, Indiana; (11) Republic's acquisition of hauling and disposal assets in Macon, Georgia; and (12) Republic's acquisition of hauling assets in Monmouth, Burlington and Camden counties, New Jersey. After the acquisition, Allied would control over 50 percent--and two firms more than 90 percent-- of the small container commercial waste hauling market, which has annual revenues of about $10 million. /Rotate 0 /Count 10 /CropBox [0 0 612 792] << 8 0 obj This is an action for injunctive and declaratory relief, costs, damages, attorney's fees, penalties, and other available statutory relief, pursuant to the Florida Deceptive and Unfair . (ECF No. 16. A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate .
This is an action for permanent injunctive relief, declaratory relief, and /Rotate 0 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. 27 0 obj 63 0 obj ( 3 0 obj
/Type /Page
PDF Verified Complaint for Declaratory and Injunctive Relief _l {:\! 55 0 obj /Resources 165 0 R >> In 1999, Allied reported total revenues of approximately $6 billion. /Type /Page /Contents [126 0 R 127 0 R 128 0 R] /CropBox [0 0 612 792] Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? /MediaBox [0 0 612 792] 2320 14
12 0 obj /MediaBox [0 0 612 792] JURISDICTION AND VENUE 1. /Resources 101 0 R << /MediaBox [0 0 612 792] << << /Type /Page >> "Lakeland, FL area" means Polk County, Florida. /CropBox [0 0 612 792] endobj /Annots [] /MediaBox [0 0 612 792] /Rotate 0 did not involve a claim for declaratory relief. << If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050. 65 0 obj endobj MSW has physical characteristics that readily distinguish it from other liquid or solid waste. It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh
fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1]
K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 /Annots [] /Type /Page 59 0 obj In such instances, the waste is brought to a nearby transfer station where it is compacted and combined with other waste and then transported to a more distant permanent disposal site. << /Resources 249 0 R 26 0 obj endobj /Parent 12 0 R 9 0 obj /Rotate 0 endobj /Rotate 0 /CropBox [0 0 612 792] /MediaBox [0 0 612 792] endobj /Parent 13 0 R /Contents [178 0 R 179 0 R 180 0 R] /Type /Pages The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. Section 13(b) of the FTC Act, 15 U.S.C. <<
PDF COMPLAINT FOR INJUNCTIVE RELIEF - archive.org /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 51. The acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste in the Monmouth County, NJ area. /Count 9 After the acquisition, Republic would control over 85 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. endobj endobj /Resources 257 0 R 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. /Annots [] << The differences in the types and volume of MSW collected and in the equipment used in collection distinguish small container commercial waste collection from all other types of waste collection activities. /Type /Page stream
/Contents [286 0 R 287 0 R 288 0 R] 6th Street Ft. Lauderdale, FL 33301 Defendants. /Type /Page Amended Complaint "Motion") [ECF(the No. 29 0 obj /Rotate 0
PDF IN THE CIRCUIT COURT OF THE SECOND JUDICIAL - Florida Carry, Inc. /Resources 201 0 R 0000001852 00000 n
/Rotate 0 - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. << See also Chapter 224.08, Special Acts of Florida, 1943. provide relief to all the individuals affected by APD's action. /Contents [238 0 R 239 0 R 240 0 R] /Rotate 0 /Annots [] /CropBox [0 0 612 792] 4 0 obj /Parent 11 0 R /Rotate 0 >> /Contents [338 0 R 339 0 R 340 0 R] /CropBox [0 0 612 792] >> /Contents [118 0 R 119 0 R 120 0 R] << /CropBox [0 0 612 792] 40 0 obj 9. 11. 66 0 obj /Rotate 0 "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. /Type /Page >> 12. /Resources 297 0 R SOUTHERN DISTRICT OF FLORIDA . /Rotate 0 /CropBox [0 0 612 792] /Resources 373 0 R /Rotate 0 endobj /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. (
PDF COMPLAINT FOR PERMANENT INJUNCTION - United States Department of Justice xref
/Resources 161 0 R /Contents [222 0 R 223 0 R 224 0 R] /Parent 12 0 R 69. /MediaBox [0 0 612 792] >> 64 0 obj endobj ( >> /CropBox [0 0 612 792] 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. 14. /MediaBox [0 0 612 792] /Annots [] /Contents [266 0 R 267 0 R 268 0 R] /MediaBox [0 0 612 792] /Annots [] 2201-202, and . >> (ECF No. /Resources 265 0 R /MediaBox [0 0 612 792] /Annots [] /Parent 9 0 R /CropBox [0 0 612 792] 3. 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . The City changed its name from "New >> << Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. 18. /Annots [] %PDF-1.3
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/Rotate 0 >> 6. >> /Rotate 0 /Resources 193 0 R Small Container Commercial Waste Collection Service. 22 0 obj ( >> The next step is careful preparation before the temporary injunction hearing. 59. /Annots [] 0000003868 00000 n
/Annots [] endobj /CropBox [0 0 612 792] endobj /Parent 9 0 R /CropBox [0 0 612 792] endobj
PDF Verified Second Amended Complaint for Injunctive and Declaratory Relief /Type /Page endobj That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. /Annots []
/Resources 253 0 R /Parent 13 0 R /MediaBox [0 0 612 792] 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. /Rotate 0 endobj /Annots [] /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] Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. 82 0 obj 0000001469 00000 n
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. The United States is entitled to injunctive relief under 26 U.S.C. endobj /Contents [158 0 R 159 0 R 160 0 R] /MediaBox [0 0 612 792] /Count 10 /MediaBox [0 0 612 792] ( Copyright 2008-2023 Jimerson Birr, P.A. endobj endobj endobj 7. 4 0 obj
78 0 obj /MediaBox [0 0 612 792] /Pages 4 0 R endobj /Type /Page >> 0000001275 00000 n
<< /Annots [] Therefore, it should not be a decision made lightly. /MediaBox [0 0 612 792] GsYzQh50ee' /Parent 13 0 R 47. ( In this presentation, Jimerson Birr AssociateAustin B. Calhouncovers Florida law on injunctive relief as a remedy, the process for seeking and obtaining injunctive relief through the judicial system, pre-litigation considerations, and enforcement of an injunction order once entered. Charles B. Jimerson ( /Resources 397 0 R /Resources 261 0 R
Complaint for Injunctive Relief and Damages for Breach of <>
Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /Contents [366 0 R 367 0 R 368 0 R] /Type /Pages /Parent 9 0 R /CropBox [0 0 612 792] /Contents [326 0 R 327 0 R 328 0 R] /MediaBox [0 0 612 792] /Type /Page 39. >> << 69 0 obj ( >> 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. << See Merger Guidelines 1.51. /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] /Parent 9 0 R endobj /Parent 4 0 R
Complaint for Declaratory Relief in Florida - Trellis PDF Complaint for Injunctive Relief Representatives >> <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>>
52 0 obj Allied is the nation's second largest waste hauling and disposal company. ( stores and restaurants). /Type /Page A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. /MediaBox [0 0 612 792] 14 0 obj %PDF-1.5
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60. The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. /Resources 365 0 R >> 18. /CropBox [0 0 612 792] >> 83 0 obj Does the temporary injunction preserve the Status Quo or does it make a change? After the acquisition, Allied would control over 50 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $31 million. /Rotate 0 60 0 obj /Rotate 0 /Parent 8 0 R /Type /Page /Type /Page /Annots [] /Type /Page 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. U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. 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. >> There could be a negative impact on the plaintiffs public image. 21. /Count 10 /Annots [] /Parent 13 0 R /Contents [114 0 R 115 0 R 116 0 R] << /ModDate (D:20220824143048-04'00') 12102(1)-(2), the regulations implementing the . 19 0 obj /Contents [298 0 R 299 0 R 300 0 R] /Annots [] 23. >> /Resources 289 0 R /Type /Page In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. << An MSW disposal facility must be located on approved types of land and operated under prescribed procedures.
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