complaint for injunctive relief florida

<< << /Count 10 hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream >> 17. 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. 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. /Annots [] 20 0 obj 57 0 obj /Type /Page endobj /Rotate 0 /Type /Page >> /Annots [] 70 0 obj /Annots [] >> /MediaBox [0 0 612 792] /Type /Pages /Rotate 0 /Annots [] VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. 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. 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. /Contents [258 0 R 259 0 R 260 0 R] << Finally, prices for small container service are influenced principally by the density of the routes served by each vehicle; prices for roll-off services are influenced primarily by the distance of the customer's location from the hauler's location and the disposal site, the time required to travel those distances, and the cost of disposal at the disposal site. "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. /Rotate 0 76 13 85 0 obj endobj 0000006750 00000 n /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] Pursuant to the purchase agreements, Allied would acquire from Superior: hauling assets in Albany, New York; hauling assets in Augusta, Georgia; hauling assets in Memphis, Nashville and Clarksville, Tennessee; disposal assets in New York, New York; hauling assets in Norfolk, Virginia; and hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida. This is an action for injunctive relief. /Parent 12 0 R stream provide relief to all the individuals affected by APD's action. 7.) ( >> Republic is engaged in providing waste collection and disposal services throughout the United States. 55 0 obj /Contents [274 0 R 275 0 R 276 0 R] In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. 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. /Rotate 0 /Resources 245 0 R H*23430P AsKN$r{(s /Contents [238 0 R 239 0 R 240 0 R] 64. Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. << >> /Type /Page /Author (JacqmeinV) /MediaBox [0 0 612 792] /Contents [390 0 R 391 0 R 392 0 R] 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. /CropBox [0 0 612 792] 56 0 obj /Parent 8 0 R /Type /Page Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 endobj /MediaBox [0 0 612 792] 61 0 obj /MediaBox [0 0 612 792] /Resources 209 0 R /Parent 11 0 R /Parent 11 0 R 14. << 38. /Rotate 0 /Rotate 0 ( /Resources 113 0 R /MediaBox [0 0 612 792] /Resources 241 0 R 31 0 obj endobj /Count 79 Small Container Commercial Waste Collection Service. endobj . 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. 52. 43 0 obj /Rotate 0 41 0 obj Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. ? 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 /CropBox [0 0 612 792] /Contents [302 0 R 303 0 R 304 0 R] /Contents [202 0 R 203 0 R 204 0 R] /Parent 10 0 R /Resources 261 0 R See Laws of Florida, Ch. x+ | endobj /Parent 10 0 R 74 0 obj 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. In exchange, pursuant to other agreements, Republic would acquire from Allied: disposal assets in Anderson, Indiana; hauling assets in Columbus, Ohio; hauling assets in Lakeland, Florida; hauling assets in Louisville, Kentucky and Sellersburg, Indiana; hauling and disposal assets in Macon, Georgia; and hauling assets in Monmouth, Burlington and Camden counties, New Jersey. /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] 87 0 obj >> /Parent 7 0 R >> << /Type /Page Roll-off haulers typically deal with larger waste volumes from a single customer for which disposal costs constitute a greater percentage of the total revenue received for the service. /MediaBox [0 0 612 792] endobj /Count 10 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. 10941 and Laws of Florida, Ch. stream >> /Annots [] /Annots [] _l {:\! /Type /Page >> 26. /Parent 14 0 R /Rotate 0 /Contents [330 0 R 331 0 R 332 0 R] /Contents [310 0 R 311 0 R 312 0 R] /MediaBox [0 0 612 792] /Contents [254 0 R 255 0 R 256 0 R] /MediaBox [0 0 612 792] /Contents [218 0 R 219 0 R 220 0 R] >> /MediaBox [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. Professional Services Industry Legal Blog>. /Rotate 0 << /CropBox [0 0 612 792] /Contents [398 0 R 399 0 R 400 0 R] /Annots [] Should you request a temporary injunction or push quickly for final permanent injunction. /Annots [] /Contents [106 0 R 107 0 R 108 0 R] 90 0 obj /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 32 0 obj /Rotate 0 /Contents [370 0 R 371 0 R 372 0 R] 0000000879 00000 n 16. 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. >> Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. 83.40 et seq. /Type /Page ( /Parent 4 0 R /Parent 13 0 R . /Annots [] Does the injunction provide broad or limited relief? Allied is the nation's second largest waste hauling and disposal company. /Rotate 0 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. /Annots [] /Rotate 0 /Type /Page 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. Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. /Resources 121 0 R /Rotate 0 /CropBox [0 0 612 792] /Annots [] 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 1331 and 1337. 49 0 obj Plaintiff complains and alleges as follows: 1. /Resources 397 0 R endobj /Annots [] /Annots [] In each of these markets, the resulting substantial increase in concentration, loss of competition, and absence of reasonable prospect of significant new entry or expansion by market incumbents, ensures that consumers will pay substantially higher prices for collection of small container commercial waste, the collection of roll-off waste, or the disposal of MSW. >> /Type /Page << >> /Length 10 /Contents [266 0 R 267 0 R 268 0 R] << /Resources 193 0 R The Corps' environmental analysis for this project is based on the same assumptions and /MediaBox [0 0 612 792] /Type /Catalog >> /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. /Resources 357 0 R 34 0 obj /Parent 9 0 R >> "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. /Annots [] /CropBox [0 0 612 792] 47. endobj >> In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. << /MediaBox [0 0 612 792] 51. 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. /Type /Page /Type /Page Parties 13. >> /Parent 8 0 R endobj "Anderson, IN area" means the City of Anderson and Madison County, Indiana. /CropBox [0 0 612 792] >> %PDF-1.5 % /Parent 14 0 R The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. ( In areas where it is not practical to construct and permit a landfill, it is necessary to put in a transfer station to get the waste to a more distant landfill. /Rotate 0 /Contents [358 0 R 359 0 R 360 0 R] << /Parent 7 0 R 33. 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. /MediaBox [0 0 612 792] 7. 35. 44 0 obj /MediaBox [0 0 612 792] 0000002992 00000 n What impact will it have on third-parties and employees? 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. /Type /Page /Contents [246 0 R 247 0 R 248 0 R] /MediaBox [0 0 612 792] Page 3 of 15 7. MSW does not include special handling waste (e.g., waste from manufacturing processes, regulated medical waste, sewage, and sludge), hazardous waste, or waste generated by construction or demolition sites. 59 0 obj ( Last updated on November 21, 2022. 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. /Annots [] >> /Contents [306 0 R 307 0 R 308 0 R] The City changed its name from "New /Resources 409 0 R endobj 36 0 obj Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. 54 0 obj Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. /MediaBox [0 0 612 792] 39. /Parent 7 0 R Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. 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. Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. JURISDICTION AND VENUE 2. >> ( 28 0 obj >> 65 0 obj /MediaBox [0 0 612 792] 0000000817 00000 n endobj Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. 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. endobj /MediaBox [0 0 612 792] /Resources 345 0 R /CropBox [0 0 612 792] JacqmeinV endobj 13 0 obj /MediaBox [0 0 612 792] >> endobj %%EOF /Rotate 0 >> /Rotate 0 /MediaBox [0 0 612 792] 23. /Count 10 startxref 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. << /Resources 281 0 R /Rotate 0 ( /Rotate 0 % A complaint for declaratory relief must allege the following: there is a bona fide dispute between the parties; the plaintiff has a justiciable question as to the existence or nonexistence of some right, status, immunity, power or privilege, or as to some fact upon which existence of such a claim may depend; In the New York City, NY area, the acquisition would reduce from five to four the number of significant firms competing to dispose of commercial MSW. endobj Preference Primary election in Florida. 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). /Contents [250 0 R 251 0 R 252 0 R] In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . /MediaBox [0 0 612 792] 0000002235 00000 n /Parent 8 0 R (Compl . /CropBox [0 0 612 792] Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit >> 7. Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /Parent 8 0 R /Annots [] 5.) 48 0 obj endobj /Rotate 0 /Contents [122 0 R 123 0 R 124 0 R] &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id Complaint for Injunctive Relief . /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] /Type /Page /Resources 369 0 R << /Parent 13 0 R /Resources 137 0 R 9. /MediaBox [0 0 612 792] /Rotate 0 /Type /Page /Annots [] endobj << /Parent 4 0 R 8 0 obj 17 0 obj 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. Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. /MediaBox [0 0 612 792] 5 0 obj /Rotate 0 41. The United States Army Corps of Engineers ("Corps" or "Army Corps") has unlawfully approved a massive dredging project for Port Everglades in Fort Lauderdale, Florida. /Rotate 0 /Parent 9 0 R /Contents [366 0 R 367 0 R 368 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. /Contents [278 0 R 279 0 R 280 0 R] /CropBox [0 0 612 792] /Type /Page << /Count 10 << << /Parent 11 0 R /Parent 14 0 R 12. >> 66. Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. Does the courts have ability to enforce what you are requesting? 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.

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