/Parent 11 0 R /Rotate 0 /Length 10 85 0 obj /Type /Page Should you request a temporary injunction or push quickly for final permanent injunction. 62. /Annots [] xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC /CropBox [0 0 612 792] /Contents [214 0 R 215 0 R 216 0 R] /CropBox [0 0 612 792] "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. 34 0 obj endstream /Type /Page /Resources 377 0 R /Type /Page /Annots [] stream did not involve a claim for declaratory relief. 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. >> 82 0 obj /Rotate 0 49. 60. 89 0 obj CASE NO. /Parent 7 0 R /MediaBox [0 0 612 792] /Rotate 0 /MediaBox [0 0 612 792] /Resources 301 0 R >> /Resources 281 0 R /Annots [] endobj 44. /Rotate 0 /Parent 4 0 R There are no good substitutes for MSW disposal. 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. 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 . >> /MediaBox [0 0 612 792] Is the injunction prohibitory or mandatory? /Rotate 0 ( 6 0 obj << /Parent 11 0 R What impact will it have on third-parties and employees? 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. 22 0 obj Otherwise, there may be something missed or an unintended consequence when you sue for injunction, which can can bring about dissatisfaction, regardless of who prevails. /Resources 189 0 R 46 0 obj In their waste collection and waste disposal businesses, defendants make sales and purchases in interstate commerce, ship waste in the flow of interstate commerce, and engage in activities substantially affecting interstate commerce. ( 33. /Parent 14 0 R /Rotate 0 /CreationDate (D:20220824140929-04'00') /Resources 145 0 R /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> /CropBox [0 0 612 792] /Resources 153 0 R Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. 10 0 obj 68. endobj /MediaBox [0 0 612 792] APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . /Type /Pages 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. 51. 0000001641 00000 n 53 0 obj As such, following the process to the tee will help improve your chances for success. << >> << 54 0 obj 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." endobj Official websites use .gov 2. /CropBox [0 0 612 792] 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. /Type /Page /Type /Page SOUTHERN DISTRICT OF FLORIDA . 66 0 obj /CropBox [0 0 612 792] /Annots [] /Contents [162 0 R 163 0 R 164 0 R] 0000000016 00000 n >> >> << 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . 6. 18 0 obj >> /Resources 369 0 R /Resources 361 0 R ( That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. /Contents [258 0 R 259 0 R 260 0 R] This action is brought to 25 0 obj IV. 0000001563 00000 n (ECF No. /Rotate 0 /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Type /Pages << 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 . 19. Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? 0000001536 00000 n 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. /Count 10 /Parent 12 0 R /Type /Page endobj A .gov website belongs to an official government organization in the United States. ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; /Resources 165 0 R /Rotate 0 3. Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. endobj >> /Contents [358 0 R 359 0 R 360 0 R] /MediaBox [0 0 612 792] 4 0 obj /Contents [102 0 R 103 0 R 104 0 R] Microsoft Word - 2022-08-24 - Complaint - FINAL /Rotate 0 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. DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. Plaintiff, Florida Carry, is a Florida Not-For-Profit Corporation with a principal place of business located at 1090 Wild Holly Drive, Port Orange, Florida, 32129. &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id /Contents [130 0 R 131 0 R 132 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. /Type /Page >> In addition, Wilson traveled at least twice to Florida for work-related trips in 2019, including once to Miami and Tampa in or around the spring of 2019 and once to Orlando in or around November or December 2019. /Resources 325 0 R Anderson, IN and New York City, NY are two such areas. /CropBox [0 0 612 792] /Parent 12 0 R ? 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. Does the injunction provide broad or limited relief? 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. Amended Complaint "Motion") [ECF(the No. << /Contents [150 0 R 151 0 R 152 0 R] /Type /Page 0000003946 00000 n >> /Annots [] and Florida Statute 86.011, et seq. /Count 10 /CropBox [0 0 612 792] endobj 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. /Contents [290 0 R 291 0 R 292 0 R] >> /Annots [] /Parent 4 0 R /Resources 409 0 R >> 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. /Contents [314 0 R 315 0 R 316 0 R] Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . /Resources 297 0 R SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /Rotate 0 5. /Annots [] startxref : 01-42230-BKC-AJC . /Resources 133 0 R endobj Alexdex. >> 0000001187 00000 n 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. endobj 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. 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] endobj /Contents [318 0 R 319 0 R 320 0 R] 3 0 obj ( /CropBox [0 0 612 792] 33 0 obj 14. /Contents [186 0 R 187 0 R 188 0 R] /Parent 10 0 R /Type /Page endobj This is an action for permanent injunctive relief, declaratory relief, and /Parent 12 0 R /Type /Page endobj /Resources 241 0 R /Parent 12 0 R PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . 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. 30 0 obj /Resources 117 0 R Preference Primary election in Florida. >> /Parent 7 0 R ( /MediaBox [0 0 612 792] /Annots [] 48. /Resources 285 0 R /CropBox [0 0 612 792] /Parent 13 0 R 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. /Resources 113 0 R 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. /Type /Page /Annots [] /Type /Page 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). /MediaBox [0 0 612 792] /CropBox [0 0 612 792] Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. /Resources 277 0 R . %%EOF Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. /CropBox [0 0 612 792] 65. 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. << 6th Street Ft. Lauderdale, FL 33301 Defendants. 0000000879 00000 n 51 0 obj This is an action for injunctive relief. Date: Wednesday, June 21, 2000 Document Type: Complaint This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). /MediaBox [0 0 612 792] /Parent 13 0 R 83.40 et seq. /Type /Page "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. 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. 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 /MediaBox [0 0 612 792] >> /Parent 8 0 R 88 0 obj<>stream EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. /Contents [170 0 R 171 0 R 172 0 R] endobj "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. 69 0 obj 0000002929 00000 n /MediaBox [0 0 612 792] Local roll-off waste collection firms in the Macon, GA area can profitably increase charges to local customers without losing significant sales to more distant competitors. /Annots [] Republic is engaged in providing waste collection and disposal services throughout the United States. ("MFS"), is a Florida corporation that has a principal place of . /MediaBox [0 0 612 792] /Type /Page >> /Contents [194 0 R 195 0 R 196 0 R] Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. /Type /Page Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. 1114 Trademark Infringement . endobj /Resources 321 0 R /Annots [] 56 0 obj >> ( See Merger Guidelines 1.51. /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] << .+p>hPhb4yiK=c`/XOv@|fe`iY The United States is entitled to injunctive relief under 26 U.S.C. /CropBox [0 0 612 792] endobj Last updated on November 21, 2022. 47 0 obj See Laws of Florida, Ch. "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. 39 0 obj /MediaBox [0 0 612 792] endobj /CropBox [0 0 612 792] >> << endobj /Annots [] /Type /Page 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . /Contents [198 0 R 199 0 R 200 0 R] << /Rotate 0 /MediaBox [0 0 612 792] /Contents [366 0 R 367 0 R 368 0 R] << /Type /Page endobj 75 0 obj 3. Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. /Contents [346 0 R 347 0 R 348 0 R] /Contents [210 0 R 211 0 R 212 0 R] The transactions likely will have the following effects, among others: 1. /Type /Page >> /CropBox [0 0 612 792] Complaint for Declaratory and Temporary and Permanent Injunctive Relief (the "Complaint"), which is incorporated herein by this reference.1 As shown in the Complaint, the HRO is null and void for failure to comply with Florida Statutes, the Jacksonville Ordinance Code, and the Rules of the Council of the City of Jacksonville.