complaint for injunctive relief florida

endobj The extension of vote-by-mail options and other accommodations at polling places is necessary. 5. 17. /Rotate 0 /Parent 13 0 R /Resources 265 0 R /Resources 161 0 R /Parent 4 0 R Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. << /Contents [198 0 R 199 0 R 200 0 R] 6th Street Ft. Lauderdale, FL 33301 Defendants. >> /CropBox [0 0 612 792] /Type /Page >> This is an action for permanent injunctive relief, declaratory relief, and Preference Primary election in Florida. Page 3 of 15 7. /Contents [298 0 R 299 0 R 300 0 R] /Rotate 0 /MediaBox [0 0 612 792] /Parent 10 0 R /Annots [] 69. /Annots [] 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. /Resources 245 0 R "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. /Type /Page ( /Contents [270 0 R 271 0 R 272 0 R] "New York City, NY area" means the Borough of Brooklyn, New York. /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] 24 0 obj /Contents [234 0 R 235 0 R 236 0 R] This action is brought to /Annots [] << << /Contents [218 0 R 219 0 R 220 0 R] /Parent 12 0 R >> /Parent 8 0 R 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. In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. 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. /Contents [242 0 R 243 0 R 244 0 R] 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. 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 >> 8 0 obj /Parent 14 0 R << /Resources 125 0 R 31 0 obj <>stream 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. endobj 21 0 obj /Resources 365 0 R See also Chapter 224.08, Special Acts of Florida, 1943. /Annots [] Garcia is a resident of North Lauderdale, Fl orida. 34. /CropBox [0 0 612 792] 27 0 obj >> The next step is careful preparation before the temporary injunction hearing. 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. competition generally in small container commercial waste collection service 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 will be lessened substantially; actual and potential competition between Allied and Republic in small container commercial waste collection service 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 will be eliminated; prices charged by 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 area markets will likely increase; competition generally in disposal of MSW in the Anderson, IN and New York City, NY area markets will be lessened substantially; actual and potential competition between Allied and Republic in disposal of MSW in the Anderson, IN and New York City, NY area markets will be eliminated; prices for disposal of MSW in the Anderson, IN and New York City, NY area markets likely will increase; competition generally in roll-off waste collection service in the Macon, GA area market will be lessened substantially; actual and potential competition between Allied and Republic in roll- off waste collection service in the Macon, GA area market will be eliminated; and. /Kids [7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R] - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. /Type /Page In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. provide relief to all the individuals affected by APD's action. endstream 5 0 obj /Parent 8 0 R 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. << 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. /Contents [170 0 R 171 0 R 172 0 R] 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. /CropBox [0 0 612 792] 71 0 obj /Parent 13 0 R 57 0 obj /Contents [186 0 R 187 0 R 188 0 R] /ModDate (D:20220824143048-04'00') Garcia controll ed the MJ Companies prior to their going into receivership. 25 0 obj <> endobj 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 "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> /Annots [] /Resources 133 0 R /Resources 169 0 R 24. /Annots [] ( /MediaBox [0 0 612 792] x+ | /CropBox [0 0 612 792] ( >> 0000001852 00000 n /Resources 101 0 R >> ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . 25 0 obj /CropBox [0 0 612 792] 48. /Rotate 0 /Parent 7 0 R Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . /Type /Pages /Parent 11 0 R Share sensitive information only on official, secure websites. 1391(c). What happens if the temporary injunction is not granted? /Count 10 This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. ( 6. prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. Managing Partner PDF In the Supreme Court of Florida Case No.: Sc11- Third District Case No << endobj /Contents [354 0 R 355 0 R 356 0 R] The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. /Resources 349 0 R /Parent 14 0 R endobj <> /MediaBox [0 0 612 792] /Contents [150 0 R 151 0 R 152 0 R] Complaint for Injunctive Relief . #%$""!&+7/&)4)! /MediaBox [0 0 612 792] 19 0 obj /Rotate 0 endobj ( /CropBox [0 0 612 792] endobj 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; endobj << /Count 10 This document is available in two formats: this web page (for browsing content) and. /Resources 373 0 R << /MediaBox [0 0 612 792] JFIF C /Contents [166 0 R 167 0 R 168 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] /Contents [126 0 R 127 0 R 128 0 R] /Rotate 0 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. Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. MSW is generally transported by collection trucks to landfills and transfer stations, and the availability of disposal sites close to a hauler's routes is a major element that determines a hauler's competitiveness and profitability. << 80 0 obj endobj << /Resources 197 0 R /Rotate 0 << 19. /Annots [] << 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 /Rotate 0 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. 82 0 obj endobj /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Type /Page << Small Container Commercial Waste Collection Service. /Rotate 0 /Contents [326 0 R 327 0 R 328 0 R] 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. (2001). /Rotate 0 /Contents [306 0 R 307 0 R 308 0 R] judgment, and preliminary and permanent injunctive relief and damages. Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. /Type /Pages D. P. et al., . A .gov website belongs to an official government organization in the United States. /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. Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. /Parent 4 0 R endobj 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. endobj In the United States District Court for The Southern District of New York 55. 0000000879 00000 n PDF COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS PARTIES - The Wall Street << "Anderson, IN area" means the City of Anderson and Madison County, Indiana. An individual commercial customer typically generates substantially more MSW than a residential customer. /CropBox [0 0 612 792] On August 20, . 39. 7. /Count 10 endobj /MediaBox [0 0 612 792] On a typical small container commercial waste collection route, an operator drives a FEL vehicle to the customer's container, engages a mechanism that grasps and lifts the container over the front of the truck, and empties the container into the vehicle's storage section, where the waste is compacted and stored. "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. /Contents [346 0 R 347 0 R 348 0 R] endobj The extension ofvote-by-mail options and other accommodations at polling places is necessary. << endobj : 01-42230-BKC-AJC . /Nums [0 6 0 R] /Contents [114 0 R 115 0 R 116 0 R] << /MediaBox [0 0 612 792] /Parent 10 0 R endobj >> /Parent 13 0 R 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . /Rotate 0 << /Parent 10 0 R /Type /Pages /CropBox [0 0 612 792] >> /Rotate 0 /CropBox [0 0 612 792] For a number of reasons, landfills may not be located close to where the waste is generated. 87 0 obj 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. 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. 0000003645 00000 n >> 66 0 obj PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief 14. /Type /Page How to Obtain a Temporary (Preliminary) Injunction in Florida - Ewusiak Law Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. 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. /MediaBox [0 0 612 792] /Contents [314 0 R 315 0 R 316 0 R] << /Resources 389 0 R Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . 60. << >> >> endstream 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. >> U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. 47 0 obj >> 6 0 obj 0000003946 00000 n /Contents [282 0 R 283 0 R 284 0 R] /MediaBox [0 0 612 792] 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. 20 0 obj /MediaBox [0 0 612 792] 0000002992 00000 n /Type /Page /Type /Page >> endobj /Contents [310 0 R 311 0 R 312 0 R] /Type /Page "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. M`5`i`F{qZ /Resources 297 0 R Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida. 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. /Rotate 0 /CropBox [0 0 612 792] This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! 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] Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. /CropBox [0 0 612 792] After the acquisition, Allied would control over 40 percent--and two firms would control over 80 percent--of the small container commercial waste hauling market, which has annual revenues of about $8 million. /MediaBox [0 0 612 792] >> /Type /Page /Rotate 0 90 0 obj >> /Contents [226 0 R 227 0 R 228 0 R] 7 0 obj 68 0 obj 10. 13 0 obj /Type /Page 2018 to May 6, 2021. PDF Complaint for Emergency Injunctive and Declaratory Relief Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] Rather, its about dealing with the future, not something that happened in the past. /Resources 261 0 R 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. 83 0 obj ( /Rotate 0 /Annots [] clearly appears from specific facts shown by affidavit or by verified complaint that immediate or << Should you request a temporary injunction or push quickly for final permanent injunction. /Resources 337 0 R 68. /MediaBox [0 0 612 792] endobj 57. >> /CropBox [0 0 612 792] /MediaBox [0 0 612 792] "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. >> It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. 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 . Microsoft Word - 2022-08-24 - Complaint - FINAL /Contents [406 0 R 407 0 R 408 0 R] /CropBox [0 0 612 792] xref /Rotate 0 /MediaBox [0 0 612 792] /Type /Page 50. 46 0 obj /MediaBox [0 0 612 792] 76 13 3 0 obj /Resources 325 0 R 0 /Type /Page /Rotate 0 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. /Annots [] /MediaBox [0 0 612 792] /Parent 7 0 R PDF COMPLAINT FOR PERMANENT INJUNCTION - United States Department of Justice /Resources 217 0 R 41 0 obj Deciding Whether to Sue for Injunction, and What is the Process to >> 44 0 obj /Annots [] 18 0 obj endobj /Annots [] 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. /Type /Page 33 0 obj /Parent 11 0 R Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? 88 0 obj<>stream >> /Contents [146 0 R 147 0 R 148 0 R] 0 Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /Contents [222 0 R 223 0 R 224 0 R] PDF COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF - NSB Anglers Yacht hbbd`b`rfb`gb` # endobj ( << << /Rotate 0 /Rotate 0 ( Last updated on November 21, 2022. Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. << "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. << Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. 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. 5. endobj D. Entry Into Commercial Waste Collection of MSW. ( /Resources 269 0 R /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Resources 157 0 R PDF Complaint for Permanent Injunction and Other Equitable Relief 33. /Contents [246 0 R 247 0 R 248 0 R] /CropBox [0 0 612 792] _______/s/____________________ Donna E. Patterson Deputy Assistant Attorney General, _________/s/__________________ Constance K. Robinson Director of Operations and Merger Enforcement, ________/s/___________________ J. Robert Kramer II Chief, Litigation II Section, _________/s/__________________ Willie L. Hudgins Assistant Chief, Litigation II Section, ___________/s/________________ Arthur A. Feiveson IL Bar # 3125793, __________/s/_________________ Michael K. Hammaker DC Bar # 233684, __________/s/_________________ Chinita M. Sinkler MD Bar, U.S. Department of Justice Antitrust Division, Litigation II Section 1401 H Street, NW, Suite 3000 Washington, D.C. 20530 (202) 307-0924. 2320 0 obj<> endobj endobj Complaint for Emergency Injunctive Relief in Florida Primary << /CropBox [0 0 612 792] "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. /CropBox [0 0 612 792] endobj 0000001536 00000 n 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. 0000001641 00000 n endobj 4 0 obj 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.

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