complaint for injunctive relief floridacomplaint for injunctive relief florida

/Annots [] x1 04) F&`/MFWxC. (2001). /Parent 8 0 R Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. 6th Street Ft. Lauderdale, FL 33301 Defendants. /MediaBox [0 0 612 792] /Rotate 0 /Type /Page /Rotate 0 /Type /Page /Resources 393 0 R This form is a Complaint for Injunctive Relief and Damages. "Louisville, KY/ Sellersburg, IN area" means the cities of Louisville, Kentucky and Sellersburg, Indiana; Jefferson County, Kentucky; and the parts of Floyd and Clark counties, Indiana abutting Jefferson County, Kentucky. /Rotate 0 ( << 25 0 obj <> endobj ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. /Resources 253 0 R Parties 13. /Type /Page Last updated on November 21, 2022. /Parent 9 0 R /Parent 11 0 R 26 0 obj >> << 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. 0 stream In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. endobj endobj 54. >> /MediaBox [0 0 612 792] Share sensitive information only on official, secure websites. Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /Parent 11 0 R /CropBox [0 0 612 792] /Parent 10 0 R endobj /MediaBox [0 0 612 792] In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. This is a civil action brought by the United States of America to enjoin defendant . /Contents [386 0 R 387 0 R 388 0 R] 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. /Resources 129 0 R /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 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. 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. /MediaBox [0 0 612 792] /Type /Page >> >> 35. 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. /Contents [226 0 R 227 0 R 228 0 R] 93 0 obj Roll-off vehicles have no compaction system on board and are designed to carry only one large container at a time to a disposal site. Therefore, you should ask yourself these questions before proceeding: So, you answered the questions above, and you consider this to be the best approach to resolving your matter. ]\q( $QSRP@=8`) $CC16 PI_ XL 90 0 obj Does the injunction provide broad or limited relief? 56 0 obj /Contents [170 0 R 171 0 R 172 0 R] /Resources 389 0 R /Parent 12 0 R Roll-off waste collection customers typically generate bulkier items of waste and/or substantially larger volumes of waste than residential or small container commercial waste customers from sources such as construction sites or industrial plants. . /Rotate 0 %PDF-1.5 /Resources 137 0 R Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. << /Type /Page /Parent 9 0 R CASE NO. /Contents [242 0 R 243 0 R 244 0 R] /Contents [150 0 R 151 0 R 152 0 R] /Type /Page Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. /MediaBox [0 0 612 792] - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. (Compl . 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. /Type /Page JURISDICTION AND VENUE 13. /Type /Page As a result, Austin begins the presentation by sharing some of the things you should think about before pursuing an injunction: There is a lot on the line. /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] /Annots [] 69 0 obj << ( hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. 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. /Type /Page /Type /Page %%EOF /CropBox [0 0 612 792] /Resources 177 0 R This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. 2 0 obj A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . Does the courts have ability to enforce what you are requesting? xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. 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. /MediaBox [0 0 612 792] Firms that compete in the disposal of MSW can profitably increase their charges to haulers of MSW without losing significant sales to any other firms. << /MediaBox [0 0 612 792] /Parent 7 0 R 15. /Contents [94 0 R 95 0 R 96 0 R] hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream /Contents [374 0 R 375 0 R 376 0 R] 0000003404 00000 n /Rotate 0 What happens if the temporary injunction is not granted? /Type /Page /CropBox [0 0 612 792] The extension of vote-by-mail options and other accommodations at polling places is necessary. /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] In the event of a small but significant increase in the price of the disposal of MSW in the Anderson, IN or New York City, NY areas, haulers of MSW generated in each area would not turn to disposal facilities outside their area. /CropBox [0 0 612 792] 0000000879 00000 n "New York City, NY area" means the Borough of Brooklyn, New York. /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) << >> 64 0 obj /CropBox [0 0 612 792] endobj IV. Page 3 of 15 7. 35 0 obj 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. relief pursuant to Chapter 86, Florida Statutes. /Parent 12 0 R >> /Rotate 0 /Annots [] 62 0 obj << 0000002929 00000 n 12. endobj << /Parent 10 0 R INTRODUCTION . /Resources 381 0 R >> /CropBox [0 0 612 792] ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . /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] >> 84 0 obj 1114 Trademark Infringement . /MediaBox [0 0 612 792] 51 0 obj Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. 4. /Type /Page US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. 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. /Contents [302 0 R 303 0 R 304 0 R] << endobj 83.40 et seq. Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . /Rotate 0 >> /Count 10 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. >> /Type /Page endobj and Florida Statute 86.011, et seq. Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. 31 0 obj endobj endstream /Subtype /XML 52 0 obj /CropBox [0 0 612 792] 8. 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. 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. << endobj endobj /Parent 9 0 R /CropBox [0 0 612 792] /Resources 233 0 R . /Annots [] /Type /Page /Annots [] /Contents [106 0 R 107 0 R 108 0 R] /Count 10 >> /CropBox [0 0 612 792] The county court may issue a temporary and permanent injunction where appropriate for violation of ss. /CropBox [0 0 612 792] /Annots [] 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. /Annots [] /Type /Page In the Nashville, TN area, the acquisition would reduce from three to two the number of significant firms competing in the collection of small container commercial waste. /Annots [] In this presentation, Jimerson Birr Associate Austin B. Calhoun covers 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. endobj 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. >> 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . <>>> 0000006750 00000 n /Contents [314 0 R 315 0 R 316 0 R] 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. endobj /Rotate 0 >> 18 0 obj There are immediate expenditures necessary. 20. /Annots [] /Parent 4 0 R >> << 1 0 obj /Rotate 0 endobj /MediaBox [0 0 612 792] 30 0 obj 92 0 obj trailer 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. 49 0 obj /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Resources 313 0 R 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. /Annots [] 2322 0 obj<>stream /Parent 14 0 R /MediaBox [0 0 612 792] Official websites use .gov /Annots [] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes ("FDUTPA"), which authorizes the State of Florida to seek, and the Court to order, permanent injunctive relief, recission or reformation of contracts, consumer restitution, the refund of monies /Annots [] 0000006259 00000 n /Annots [] Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. 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. /CropBox [0 0 612 792] /Parent 8 0 R >> /Contents [234 0 R 235 0 R 236 0 R] It is engaged in providing waste collection and disposal services throughout the United States. 80 0 obj >> /MediaBox [0 0 612 792] JURISDICTION AND VENUE 2. It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. /Rotate 0 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. 63. /MediaBox [0 0 612 792] /Resources 321 0 R >> /Type /Page /Contents [398 0 R 399 0 R 400 0 R] The United States is entitled to injunctive relief under 26 U.S.C. This is a must-watch video before you consider whether to sue for injunction. "Norfolk, VA area" means the cities of Chesapeake, Suffolk, Virginia Beach, Norfolk, Poquoson, Newport News and Portsmouth, and York, Surry, James City, Southampton, and Isle of Wight counties, Virginia. /Resources 237 0 R /Type /Page Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. ( << /Annots [] Suitable landfills are difficult and time-consuming to obtain, and sometimes difficult to expand, because of the scarcity of suitable land, local resident opposition, environmental concerns, and government regulation. /Parent 7 0 R /Parent 9 0 R endobj %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr 17. /Length 10 >> /Annots [] /Type /Page 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. /Resources 369 0 R See Merger Guidelines 1.51. /Type /Page /Rotate 0 endobj 29 0 obj /MediaBox [0 0 612 792] 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. /Resources 341 0 R /Resources 353 0 R /Contents [330 0 R 331 0 R 332 0 R] Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing >> /Rotate 0 endobj endobj Rather, its about dealing with the future, not something that happened in the past. 14 0 obj /Parent 14 0 R /MediaBox [0 0 612 792] 5. Plaintiff complains and alleges as follows: 1. ( 57 0 obj Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . 37. /Annots [] 26. /Filter /FlateDecode endobj /Rotate 0 /Resources 165 0 R ( (ECF No. On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. Injunctive relief is considered an extraordinary remedy in both State and Federal court. 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt /Parent 14 0 R /Type /Page >> << >> endobj 3 0 obj 19. Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. Haulers, therefore, generally establish garages and related facilities within each major local area served. /Type /Page /Parent 4 0 R << Copyright 2008-2023 Jimerson Birr, P.A. /Rotate 0 76 13 Should you request a temporary injunction or push quickly for final permanent injunction. /Annots [] /Resources 241 0 R endobj /Parent 7 0 R "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. 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. /Annots [] /Type /Pages 0000003645 00000 n The next step is careful preparation before the temporary injunction hearing. /Type /Metadata /Resources 277 0 R << >> 0000001469 00000 n /Contents [118 0 R 119 0 R 120 0 R] /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> << 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] Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? >> That plaintiff recover the costs of this action. /Contents [254 0 R 255 0 R 256 0 R] 77 0 obj ( Roll-off waste collection services are generally provided in localized areas because a roll-off truck cannot be efficiently or profitably driven significantly longer distances than those driven by a competitor to collect and dispose of the waste. << /Type /Page /Parent 10 0 R /CropBox [0 0 612 792] 3. /Resources 273 0 R ? 11. /CropBox [0 0 612 792] >> << /Length 1411 /Parent 9 0 R >> endobj What impact will it have on third-parties and employees? 7.) << 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. << 0000000016 00000 n << /Parent 14 0 R /Type /Page << /Rotate 0 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. /Rotate 0 4. Does the temporary injunction preserve the Status Quo or does it make a change? %%EOF (ECF No. 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 In the Albany, NY area, the proposed acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. >> /Annots [] 10. /Resources 225 0 R Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. startxref /Count 10 Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. /Type /Page 43 0 obj 70 0 obj startxref In the Anderson, IN and New York City, NY areas, entry by any new MSW disposal facility would be an extremely costly and time-consuming process, and unlikely to prevent market incumbents from significantly raising prices for the disposal of MSW following the acquisition. 47 0 obj stores and restaurants). 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. Section 13(b) of the FTC Act, 15 U.S.C. Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. << 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. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! 44 0 obj In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. endobj /Type /Page /Resources 401 0 R 83 0 obj /Contents [270 0 R 271 0 R 272 0 R] 21-81099-CIV-CANNON/Reinhart . /Parent 4 0 R D. Entry Into Commercial Waste Collection of MSW. Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. /CropBox [0 0 612 792] 0000001275 00000 n /Resources 297 0 R /Rotate 0 38 0 obj /CropBox [0 0 612 792] << /Rotate 0 57. Microsoft Word - 2022-08-24 - Complaint - FINAL ( } !1AQa"q2#BR$3br /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Parent 9 0 R 54 0 obj Although, where available, MSW can be transported to distant landfills through transfer stations using large transfer trailer trucks, the use of transfer stations adds fixed transportation and processing costs. "0A149;>>>%.DIC; C /Resources 361 0 R endobj The extension ofvote-by-mail options and other accommodations at polling places is necessary. << /Annots [] /Type /Page /Type /Page /CropBox [0 0 612 792] 30. 65. IV. %PDF-1.3 % COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . /MediaBox [0 0 612 792] /Rotate 0 /Annots [] /Annots [] /Rotate 0 << << /Rotate 0 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. 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. 0000003946 00000 n "Lakeland, FL area" means Polk County, Florida. ( /Rotate 0 /Parent 8 0 R /MediaBox [0 0 612 792] Is the injunction prohibitory or mandatory? /MediaBox [0 0 612 792] This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. 8 0 obj M`5`i`F{qZ trailer /MediaBox [0 0 612 792] /Resources 141 0 R 29. Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. /Parent 4 0 R >> /MediaBox [0 0 612 792] %PDF-1.5 % /Contents [402 0 R 403 0 R 404 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. 10 0 obj /Type /Page 85 0 obj A .gov website belongs to an official government organization in the United States. /CropBox [0 0 612 792] Charles B. Jimerson /CropBox [0 0 612 792] >> << 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. /Annots [] The operator then drives the FEL truck to a disposal facility, such as a transfer station, landfill or incinerator, and empties the contents of the vehicle. /Type /Page /Parent 7 0 R /Annots [] %PDF-1.6 /Parent 12 0 R /Rotate 0 /Contents [230 0 R 231 0 R 232 0 R] /Rotate 0 /Annots [] /Annots [] 50. The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. /Rotate 0 /Resources 289 0 R /Parent 4 0 R Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. /Type /Page endobj It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base.
How To Get Rid Of Dark Skin Above Upper Lip, Articles C