complaint for injunctive relief florida

89 0 obj 0000001275 00000 n /Contents [146 0 R 147 0 R 148 0 R] /Type /Page /CropBox [0 0 612 792] /Contents [194 0 R 195 0 R 196 0 R] 64. /PageLabels 3 0 R 5.) /Annots [] /Type /Page PDF Motion for Summary Judgment - Liberty Counsel endobj 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. /Parent 12 0 R The extension ofvote-by-mail options and other accommodations at polling places is necessary. This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. /Resources 193 0 R stream 76 0 obj >> /Parent 13 0 R /Parent 9 0 R 38 0 obj >> 1 0 obj 16. /Parent 14 0 R >> /MediaBox [0 0 612 792] Complaint for Declaratory Relief in Florida - Trellis >> /Type /Page /Type /Page 6. Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. 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. D. P. et al., . /Resources 169 0 R Page 3 of 15 7. PDF Complaint for Injunctive Relief, Damages, /Type /Page /Contents [326 0 R 327 0 R 328 0 R] Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. /Parent 14 0 R /Type /Page /Resources 237 0 R 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. /Type /Page /Contents [106 0 R 107 0 R 108 0 R] endobj The transactions likely will have the following effects, among others: 1. 44. ( /MediaBox [0 0 612 792] Complaint for Injunctive Relief and Damages for Breach of << /Annots [] ( 5. 76 13 Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. /Parent 11 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. /Contents [278 0 R 279 0 R 280 0 R] << << The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. 10. /Type /Page endobj /MediaBox [0 0 612 792] startxref /Type /Page << /Annots [] >> /Annots [] /Rotate 0 /Rotate 0 Defendant is defined as a "Public Accommodation" within meaning of Title III /MediaBox [0 0 612 792] There may be disclosure of confidential information such as trade secrets. /Contents [134 0 R 135 0 R 136 0 R] /S /D /Parent 8 0 R /Author (JacqmeinV) The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary (PPP) election in Florida, scheduled for tomorrow, March 17, 2020, and cause large-scale voter disenfranchisement falling hardest on communities of color and other historically vulnerable populations. /CropBox [0 0 612 792] 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. 25. A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . ( /Rotate 0 /Parent 8 0 R stores and restaurants). /Type /Page /Type /Page /Type /Page /Rotate 0 << Amended Complaint "Motion") [ECF(the No. 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 . ( REPUBLIC SERVICES, INC., 110 S.E. PDF Complaint for injunction and declaratory relief /Resources 377 0 R >> /Parent 12 0 R /Annots [] "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. endobj "New York City, NY area" means the Borough of Brooklyn, New York. /Resources 325 0 R Therefore, its important to not consider it a tool for righting a wrong. >> On August 20, . 55 0 obj /Resources 277 0 R 0000000016 00000 n 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. 71 0 obj /Annots [] endobj /Parent 8 0 R << /Rotate 0 The likely effect of these acquisitions is to substantially lessen competition and to tend to create a monopoly in interstate trade and commerce in violation of Section 7 of the Clayton Act. 23 0 obj <> endobj 28 0 obj <>/Filter/FlateDecode/ID[<2A277BAC2070266E6BF2C2060AD46B2B>]/Index[23 11]/Info 22 0 R/Length 49/Prev 24323/Root 24 0 R/Size 34/Type/XRef/W[1 2 1]>>stream << /CropBox [0 0 612 792] /Type /Page endobj 31 0 obj /Nums [0 6 0 R] >> /Contents [374 0 R 375 0 R 376 0 R] ( xref /Rotate 0 /Count 9 prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. /Type /Page /Type /Page /Annots [] 61. startxref /MediaBox [0 0 612 792] 59. >> PDF Complaint for Permanent Injunction and Other Equitable Relief 75 0 obj 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 [242 0 R 243 0 R 244 0 R] <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> /Type /Pages endobj /CropBox [0 0 612 792] /Resources 245 0 R /Rotate 0 That plaintiff recover the costs of this action. << 4. endobj /Contents [350 0 R 351 0 R 352 0 R] >> /Resources 397 0 R endobj /Type /Page << /Annots [] /Rotate 0 Therefore, it should not be a decision made lightly. >> 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. Complaint for Injunctive Relief and Civil Penalties | US EPA /Type /Page For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. 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 . Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . Rather, its about dealing with the future, not something that happened in the past. /Type /Page ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; /Contents [118 0 R 119 0 R 120 0 R] endobj Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages. PDF Verified Complaint for Damages and Injunctive Relief /CropBox [0 0 612 792] /MediaBox [0 0 612 792] >> 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. 1 0 obj /Parent 14 0 R trailer /Type /Metadata /Annots [] In 1999, Allied reported total revenues of approximately $6 billion. Secure .gov websites use HTTPS /Type /Pages /Type /Page ( << 77 0 obj Less frequently, haulers may use more maneuverable, but less efficient, rear-end loader ("REL") trucks, especially in those areas in which a collection route includes narrow alleyways or streets. /Type /Page ( /MediaBox [0 0 612 792] 34. >> /Resources 141 0 R endobj /Type /Page Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. /Annots [] 37. <> << 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. 51. /Resources 161 0 R /Rotate 0 "Anderson, IN area" means the City of Anderson and Madison County, Indiana. ( << Each of these areas is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. << ( Garcia is a resident of North Lauderdale, Fl orida. << /Contents [150 0 R 151 0 R 152 0 R] >> 36. /MediaBox [0 0 612 792] endobj /Type /Page /Resources 149 0 R endobj endobj /Annots [] 41. PDF Complaint for Injunctive and Other Equitable Relief endobj Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit Temporary Injunction - Florida Litigation Guide endobj /Contents [250 0 R 251 0 R 252 0 R] /Resources 337 0 R 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. << << 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. 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. /Parent 14 0 R JURISDICTION AND VENUE 2. endobj Official websites use .gov << /CropBox [0 0 612 792] /Resources 185 0 R JacqmeinV 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. /Contents [126 0 R 127 0 R 128 0 R] /Type /Page 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 . endobj Section 13(b) of the FTC Act, 15 U.S.C. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! endobj 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. /Contents [142 0 R 143 0 R 144 0 R] /Contents [318 0 R 319 0 R 320 0 R] endstream endobj startxref 30 0 obj /MediaBox [0 0 612 792] 28 0 obj << /Annots [] /CropBox [0 0 612 792] endobj /Rotate 0 /Type /Page ( /Parent 11 0 R << endobj 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 88 0 obj<>stream /Contents [202 0 R 203 0 R 204 0 R] 0000001469 00000 n There are no good substitutes for MSW disposal. /Rotate 0 Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /Rotate 0 The United States is entitled to injunctive relief under 26 U.S.C. endobj 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. /Parent 14 0 R >> /Pages 4 0 R >> 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. /Contents [298 0 R 299 0 R 300 0 R] 53. 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. >> 95 0 obj 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. /Rotate 0 ( /Parent 7 0 R .+p>hPhb4yiK=c`/XOv@|fe`iY That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. >> /Rotate 0 >> /Contents [262 0 R 263 0 R 264 0 R] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 1391(c). Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for << << The City changed its name from "New /Resources 261 0 R It is engaged in providing waste collection and disposal services throughout the United States. << 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. 29. 0000002929 00000 n COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. ( Allied is the nation's second largest waste hauling and disposal company. Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . 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. did not involve a claim for declaratory relief. >> /CropBox [0 0 612 792] >> /Contents [290 0 R 291 0 R 292 0 R] /Rotate 0 33. 9. /CropBox [0 0 612 792] Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. 14 0 obj >> and Florida Statute 86.011, et seq. To access the presentation, visit YouTube or click play on the embedded image below. << endobj /CropBox [0 0 612 792] /Count 10 /Type /Page PDF Complaint for Emergency Injunctive and Declaratory Relief Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . A new entrant into small container commercial waste collection service cannot provide a significant competitive constraint on the prices charged by market incumbents until it achieves minimum efficient scale and operating efficiencies comparable to existing firms. 7.) 61 0 obj >> 93 0 obj ( 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . judgment, and preliminary and permanent injunctive relief and damages. /Rotate 0 /Rotate 0 /Type /Page 0000006750 00000 n An individual commercial customer typically generates substantially more MSW than a residential customer. /Rotate 0 3. /Contents [178 0 R 179 0 R 180 0 R] endobj The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. /Annots [] 45 0 obj /Type /Page /Annots [] /Rotate 0 /Annots [] 33 0 obj /Annots [] /Type /Page 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. /Rotate 0 /Resources 177 0 R /Annots [] Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. not >> /CropBox [0 0 612 792] What impact will it have on third-parties and employees? /Parent 12 0 R /CropBox [0 0 612 792] 6th Street Ft. Lauderdale, FL 33301 Defendants. 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. << /Rotate 0 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. 14. /Type /Page /Parent 10 0 R 62 0 obj 7 0 obj 27 0 obj /Annots [] /Rotate 0 endobj >> Republic is engaged in providing waste collection and disposal services throughout the United States. /Contents [230 0 R 231 0 R 232 0 R] /Length 1411 /Rotate 0 << /Annots [] >> PDF United States District Court Southern District of Florida Case No /Contents [222 0 R 223 0 R 224 0 R] /Annots [] Professional Services Industry Legal Blog>. 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. See Laws of Florida, Ch. /MediaBox [0 0 612 792] /Annots [] /Rotate 0 In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. 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. Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . /Type /Page 3. >> 31 0 obj <>stream /Parent 4 0 R (2001). 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. /Type /Page /Parent 8 0 R This is a must-watch video before you consider whether to sue for injunction. PDF COMPLAINT FOR PERMANENT INJUNCTION - United States Department of Justice endobj << /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. 84 0 obj 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. ("MFS"), is a Florida corporation that has a principal place of . 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. /Type /Page /Contents [98 0 R 99 0 R 100 0 R] /Parent 13 0 R Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. 12. Complaint for Injunctive Relief . endobj /Annots [] In such areas, many of the problems associated with the permitting and construction of a landfill could make it difficult to permit and construct a transfer station. /Annots [] /Annots [] /Type /Page /Parent 13 0 R /Type /Page /Rotate 0 78 0 obj 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. /MediaBox [0 0 612 792] /Type /Pages /MediaBox [0 0 612 792] After the acquisition, Allied would control over 40 percent and two firms would control over 65 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. MSW has physical characteristics that readily distinguish it from other liquid or solid waste. /Type /Page >> /CropBox [0 0 612 792] 11. << 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. /MediaBox [0 0 612 792] 0000000879 00000 n However, temporary injunctive relief may be granted without the posting of a bond in the following situations: 1) injunctions entered "on the pleading of a municipality or the state or any officer, agency, or political subdivision thereof"; or 2) injunctions "issued solely to prevent physical injury or abuse of a natural person." /Annots [] /Parent 7 0 R In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. /Rotate 0 endobj /Parent 4 0 R /Contents [394 0 R 395 0 R 396 0 R] This is an action for injunctive relief. >> 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. ( "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. << /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). endobj K.A%aut\@Uaa[pVWnOe ]\q( $QSRP@=8`) $CC16 PI_ XL 11 0 obj /Contents [314 0 R 315 0 R 316 0 R] "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. 0 22 and 28 U.S.C. PDF Verified Complaint for Declaratory and Injunctive Relief /MediaBox [0 0 612 792] /Resources 265 0 R endobj << /Annots [] /Type /Page The length of the presentation is 46:09. << 1114 Trademark Infringement . 0 /Resources 109 0 R /Annots [] /Annots [] << 1391, . /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] /Resources 233 0 R 12. 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. for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. /CropBox [0 0 612 792] In the United States District Court for The Southern District of New York >> In the Augusta, GA area, the acquisition would reduce from three to two the number of significant competitors in the collection of small container commercial waste. /Rotate 0 Alexdex. << Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . 47 0 obj 19 0 obj After the acquisition, Allied would control over 35 percent--and two firms more than 80 percent--of the small container commercial waste hauling market, which has annual revenues of about $17 million.

complaint for injunctive relief florida 2023