complaint for injunctive relief florida complaint for injunctive relief florida

/CropBox [0 0 612 792] >> Because of its characteristics (e.g. This is a civil action brought by the United States of America to enjoin defendant . 9. endobj >> /Annots [] /Parent 8 0 R 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. /Contents [182 0 R 183 0 R 184 0 R] /CropBox [0 0 612 792] >> 21 0 obj << << /Annots [] /Type /Metadata << /Type /Page 37 0 obj 50. /Type /Page >> ( /CropBox [0 0 612 792] /Parent 11 0 R /CropBox [0 0 612 792] /Resources 141 0 R 75 0 obj /Contents [406 0 R 407 0 R 408 0 R] /Contents [234 0 R 235 0 R 236 0 R] endobj 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. /S /D startxref /Contents [154 0 R 155 0 R 156 0 R] /Type /Page << 2. 55 0 obj /Length 10 1331 and 1337. /Resources 377 0 R /Contents [346 0 R 347 0 R 348 0 R] /Rotate 0 /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. endobj 29 0 obj /Type /Page endobj /Type /Pages /MediaBox [0 0 612 792] 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. /Contents [370 0 R 371 0 R 372 0 R] Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. /Rotate 0 /Rotate 0 /Resources 101 0 R Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. /Parent 13 0 R /Type /Page endobj >> 0000003946 00000 n endobj THIS COURT'S POWER TO GRANT RELIEF 84. ( 43 0 obj /Type /Page endobj GsYzQh50ee' 34. 12 0 obj Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. >> endobj In 1999, Allied reported total revenues of approximately $6 billion. /Resources 333 0 R >> /Parent 9 0 R PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General >> /Annots [] 12102(1)-(2), the regulations implementing the . /Type /Page /Contents [186 0 R 187 0 R 188 0 R] PDF Complaint for Permanent Injunction and Other Equitable Relief /Contents [330 0 R 331 0 R 332 0 R] /Contents [214 0 R 215 0 R 216 0 R] 84 0 obj /Type /Page /Resources 97 0 R endobj /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] After the acquisition, Allied would be a monopolist controlling over 98 percent of the small container Commercial waste hauling market, which has annual revenues of about $5 million. /CropBox [0 0 612 792] endobj endobj "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. Obtaining a permit to construct a new disposal facility or to expand an existing one is a costly and time-consuming process, which typically takes many years to conclude. endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream startxref Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. /Metadata 2 0 R /Resources 293 0 R /MediaBox [0 0 612 792] endobj 0000001373 00000 n The proposed acquisition would reduce from four to three the number of significant firms that compete in small container commercial waste collection service in the Memphis, TN area. >> Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing 50 0 obj << /Contents [270 0 R 271 0 R 272 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. /Parent 4 0 R /Contents [274 0 R 275 0 R 276 0 R] /Annots [] /Rotate 0 0000001641 00000 n /Contents [354 0 R 355 0 R 356 0 R] 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. 37. Allied and Republic directly compete in the disposal of waste in a number of markets nationwide, including the Anderson, IN; New York City, NY; and Macon, Georgia areas. 54. There may be disclosure of confidential information such as trade secrets. ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. 18 0 obj 16. << 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. 11. This document is available in two formats: this web page (for browsing content) and. 31 0 obj Omega SA v. The Individuals, Business Entities, and Unincorporated Universities have sent students home, people are remaining in quarantine, poll workers are dropping out, and Supervisors of Elections have closed or moved 112 polling places in 22 counties, in many cases less than a week before the election. 21. 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. Garcia is a resident of North Lauderdale, Fl orida. Garcia controll ed the MJ Companies prior to their going into receivership. 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. JFIF C ( Complaint for Declaratory Relief in Florida - Trellis Section 13(b) of the FTC Act, 15 U.S.C. 23. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. ( /Contents [118 0 R 119 0 R 120 0 R] The county court may issue a temporary and permanent injunction where appropriate for violation of ss. endobj >> 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. U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. >> 19. >> In the Columbus, OH area, the proposed acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste. JURISDICTION AND VENUE 2. endobj endobj 68. 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 341 0 R Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. << /Rotate 0 /Annots [] /Rotate 0 >> /Contents [362 0 R 363 0 R 364 0 R] endobj ( /Kids [75 0 R 76 0 R 77 0 R 78 0 R 79 0 R 80 0 R 81 0 R 82 0 R 83 0 R 84 0 R] A .gov website belongs to an official government organization in the United States. /MediaBox [0 0 612 792] >> /MediaBox [0 0 612 792] endobj hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` /Rotate 0 /Parent 14 0 R 21-81099-CIV-CANNON/Reinhart . /Rotate 0 /Parent 14 0 R /Annots [] /CropBox [0 0 612 792] endobj To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. /Rotate 0 In the United States District Court for The Southern District of New York 31 0 obj <>stream /Contents [254 0 R 255 0 R 256 0 R] endobj Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. 15. Suing for an injunction in Florida is all about preserving the status quo. /Contents [326 0 R 327 0 R 328 0 R] %%EOF /Parent 12 0 R >> /Annots [] /Annots [] 2320 14 Anderson, IN and New York City, NY are two such areas. << /Parent 13 0 R endobj The extension ofvote-by-mail options and other accommodations at polling places is necessary. >> /Type /Catalog /Type /Page << /Parent 13 0 R /Parent 12 0 R /Kids [25 0 R 26 0 R 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R 33 0 R 34 0 R] In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /Resources 157 0 R /Type /Page /Contents [210 0 R 211 0 R 212 0 R] /MediaBox [0 0 612 792] "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. /Count 10 /MediaBox [0 0 612 792] >> /Contents [386 0 R 387 0 R 388 0 R] 62 0 obj >> /Parent 11 0 R >> 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. >> 46 0 obj /Resources 133 0 R Defendant is defined as a "Public Accommodation" within meaning of Title III SOUTHERN DISTRICT OF FLORIDA . Likewise, roll-off customers generate volumes of waste which are too large to be serviced by a FEL truck on a pre-scheduled commercial route. /PageLabels 3 0 R /Annots [] /Resources 217 0 R << 0000001852 00000 n 28 0 obj endobj 2322 0 obj<>stream >> /Resources 369 0 R 2 0 obj Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. /MediaBox [0 0 612 792] Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /Rotate 0 /Type /Page /Contents [302 0 R 303 0 R 304 0 R] >> /MediaBox [0 0 612 792] << /MediaBox [0 0 612 792] /Rotate 0 /Contents [194 0 R 195 0 R 196 0 R] endobj /Annots [] Allied is the nation's second largest waste hauling and disposal company. 10941 and Laws of Florida, Ch. This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. 0000003868 00000 n And yet the State of Florida (the State) has failed to take reasonable emergency measures necessary for voter participation in the face of this crisis. /Count 10 The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. >> << What happens if the temporary injunction is not granted? /Type /Page >> /MediaBox [0 0 612 792] /Type /Page /Resources 117 0 R Share sensitive information only on official, secure websites. /Parent 12 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. /Annots [] In addition, a FEL or REL vehicle cannot be efficiently driven long distances without collecting significant amounts of MSW, which makes it economically impractical for a small container commercial waste collection firm to serve metropolitan areas from a distant base. >> /Annots [] /Parent 12 0 R 7.) 85 0 obj /CropBox [0 0 612 792] 27. >> 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. /Annots [] After the acquisition, Republic would control about 31 percent--and two firms over 80 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $24 million. PDF United States District Court Southern District of Florida Case No PDF Verified Complaint for Damages and Injunctive Relief << /MediaBox [0 0 612 792] 0000001275 00000 n 78 0 obj endobj /Type /Page >> /Annots [] /CropBox [0 0 612 792] Thus, roll-off 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. /MediaBox [0 0 612 792] /Parent 7 0 R /Resources 265 0 R JURISDICTION AND VENUE 1. /Rotate 0 /Contents [170 0 R 171 0 R 172 0 R] 53 0 obj >> Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . endobj Therefore, its important to not consider it a tool for righting a wrong. << << ( 0000002992 00000 n << 32. endobj /Rotate 0 38 0 obj %PDF-1.4 % /Rotate 0 /Length 3282 /Type /Page In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. /Resources 197 0 R /MediaBox [0 0 612 792] In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. /Contents [350 0 R 351 0 R 352 0 R] << /Rotate 0 /Parent 4 0 R << endobj It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. This is an action for injunctive relief. 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. /Contents [94 0 R 95 0 R 96 0 R] /Type /Page /Type /Pages 4. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] The acquisitions by Allied and Republic would remove a significant competitor in small container commercial waste collection service, roll-off waste collection service, and/or the disposal of MSW, in already highly concentrated and difficult-to-enter markets. 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. . 1391, . /MediaBox [0 0 612 792] 9 0 obj /MediaBox [0 0 612 792] 45], filed on August 192021, . /Filter /FlateDecode /CropBox [0 0 612 792] /Type /Page prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. 0000001149 00000 n /Rotate 0 Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? 22408. << >> /Rotate 0 47 0 obj /MediaBox [0 0 612 792] /Type /Pages 64 0 obj xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. << 5 0 obj EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. This action is brought to /MediaBox [0 0 612 792] /Parent 12 0 R << 2201-202, and . /Contents [150 0 R 151 0 R 152 0 R] This is a must-watch video before you consider whether to sue for injunction. /Parent 7 0 R 22. /Resources 285 0 R 14 0 obj In the Clarksville, TN area, the acquisition would reduce from five to four the number of significant firms competing in the collection of small container commercial waste. 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. <> Haulers, therefore, generally establish garages and related facilities within each major local area served. /Annots [] endobj 92 0 obj COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . /MediaBox [0 0 612 792] << 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. endobj >> 38. << >> /Annots [] endobj trailer << /Type /Page 41. << Complaint for Injunctive Relief and Damages for Breach of 83.40 et seq. 76 0 obj /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Resources 305 0 R Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for >> /Resources 401 0 R 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. endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream 24 0 obj 51 0 obj /Resources 317 0 R /Contents [226 0 R 227 0 R 228 0 R] ( >> /CropBox [0 0 612 792] /Resources 301 0 R /CropBox [0 0 612 792] CASE NO. hbbd`b`rfb`gb` # .t. 3. /Contents [298 0 R 299 0 R 300 0 R] /Count 10 /MediaBox [0 0 612 792] %PDF-1.6 >> /Resources 397 0 R >> /Parent 12 0 R endobj /Rotate 0 /Contents [242 0 R 243 0 R 244 0 R] For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. /Resources 149 0 R >> PDF COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF - NSB Anglers Yacht /Parent 7 0 R /Author (JacqmeinV) 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. << << /Type /Page endobj 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. 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. This Court has supplemental jurisdiction over the State of Florida's state claims pursuant to COMPLAINT -3-q;;m: @ii$$1$$ &JIIJAI JKQI !.1 i&%iiM tv . << ("MFS"), is a Florida corporation that has a principal place of . 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). /MediaBox [0 0 612 792] /Annots [] /Annots [] 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. /Parent 10 0 R /Contents [286 0 R 287 0 R 288 0 R] Significant new entry into small container commercial waste collection service is difficult and time-consuming 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. 63 0 obj /Rotate 0 /Annots [] 79 0 obj 26. 6. 36 0 obj /Parent 4 0 R /CropBox [0 0 612 792] /Rotate 0 % 12. /Rotate 0 Plaintiff complains and alleges as follows: 1. /CropBox [0 0 612 792] endobj >> /Parent 10 0 R /Type /Page << /Resources 257 0 R The President of the United States and the Governor of Florida have each declared a state of emergency. /Parent 9 0 R ( /Annots [] /Annots [] /CropBox [0 0 612 792] 3. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . endobj PDF Complaint for Emergency Injunctive and Declaratory Relief 0000000556 00000 n Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . stream /Type /Page ( /MediaBox [0 0 612 792] 65 0 obj /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] >> /Type /Page 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 Louisville, KY/Sellersburg, IN area. After the acquisition, Allied would control roughly 30 percent--and two firms about 66 percent--of the New York City, NY area MSW disposal market, which has annual revenues of about $40 million. /Parent 8 0 R ( /Type /Page 0000000879 00000 n 2201 a nd 2202. % /Contents [222 0 R 223 0 R 224 0 R] 0000001317 00000 n PDF Complaint for injunction and declaratory relief This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. /Type /Page $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! /Type /Page /Count 10 PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief /CropBox [0 0 612 792] << >> /Rotate 0 /Rotate 0 K.A%aut\@Uaa[pVWnOe << Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Resources 381 0 R /CropBox [0 0 612 792] /Annots [] endobj MSW has physical characteristics that readily distinguish it from other liquid or solid waste. /CropBox [0 0 612 792] Annotations: Subsection (b) of the rule extends the Small Claims Rules to all claims for money or property, even when expressed or coupled with a claim for equitable relief.