complaint for injunctive relief florida complaint for injunctive relief florida

/MediaBox [0 0 612 792] 0 /Rotate 0 /Parent 10 0 R endobj /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Contents [94 0 R 95 0 R 96 0 R] The extension of vote-by-mail options and other accommodations at polling places is necessary. /Parent 11 0 R 93 0 obj /Type /Page /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> endobj 70 0 obj This form is a Complaint for Injunctive Relief and Damages. /Type /Page /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Parent 14 0 R 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. x+ | % /Parent 8 0 R /Type /Page /Rotate 0 /Resources 109 0 R 42. >> /Metadata 2 0 R 40. /MediaBox [0 0 612 792] After the acquisition, Republic would own two of the three transfer stations, which together would control in excess of 65 percent of the MSW disposal market, which has annual revenues in excess of $3 million. 60. Does the temporary injunction preserve the Status Quo or does it make a change? /Rotate 0 Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. endobj /Resources 345 0 R 1331 and 1337. /Parent 10 0 R /MediaBox [0 0 612 792] /Type /Page 46 0 obj /Annots [] << /Rotate 0 /Contents [98 0 R 99 0 R 100 0 R] /Rotate 0 0000000592 00000 n /Annots [] /Count 10 63 0 obj /Annots [] ( Local 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 areas can profitably increase charges to local customers without losing significant sales to more distant competitors. /Rotate 0 /Rotate 0 /S /D Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . PDF United States District Court Southern District of Florida West Palm << /Parent 4 0 R 5 0 obj 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. /Annots [] 10. This is a civil action brought by the United States of America to enjoin defendant . 6 0 obj /Rotate 0 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. (2001). There are no good substitutes for MSW disposal. 16. Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. 2201 a nd 2202. << %PDF-1.5 % << 29. 61 0 obj 33 0 obj xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 /Type /Page /Resources 105 0 R 40 0 obj In the Lakeland, FL area, the acquisition would reduce from two to one the number of significant competitors in the collection of small container commercial waste. 24 0 obj /Annots [] /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] 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. /Type /Page endobj trailer for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. 21. /Type /Page /Annots [] endobj /Type /Page "Nashville, TN area" means the City of Nashville and Davidson, Sumner, Williamson, Rutherford, Wilson, the southeastern part of Robertson, and the eastern part of Cheatham counties, Tennessee. In the United States District Court for The Southern District of New York endobj /Rotate 0 /Contents [166 0 R 167 0 R 168 0 R] 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. /MediaBox [0 0 612 792] US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. /Parent 12 0 R /CropBox [0 0 612 792] To access the presentation, visit YouTube or click play on the embedded image below. /Parent 11 0 R 27 0 obj /MediaBox [0 0 612 792] Statutes & Constitution :View Statutes : Online Sunshine 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. /Rotate 0 "Anderson, IN area" means the City of Anderson and Madison County, Indiana. /MediaBox [0 0 612 792] In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. 23. /MediaBox [0 0 612 792] >> << 81 0 obj 0000001563 00000 n M`5`i`F{qZ This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. /Rotate 0 "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. /CropBox [0 0 612 792] 0000001149 00000 n /Resources 169 0 R /MediaBox [0 0 612 792] 76 0 obj <> endobj /Annots [] /Parent 14 0 R /Contents [106 0 R 107 0 R 108 0 R] /Parent 7 0 R /MediaBox [0 0 612 792] <<14CA263718F8354CB34DA495C0495A29>]>> Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. /Contents [366 0 R 367 0 R 368 0 R] /MediaBox [0 0 612 792] /Contents [262 0 R 263 0 R 264 0 R] << PDF COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF - NSB Anglers Yacht On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 39 0 obj /Parent 8 0 R ( Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . The United States is entitled to injunctive relief under 26 U.S.C. /CropBox [0 0 612 792] stream 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. Thus, small container commercial waste collection service is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. /Rotate 0 /Rotate 0 Garcia controll ed the MJ Companies prior to their going into receivership. << >> 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 . /Resources 221 0 R 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. /MediaBox [0 0 612 792] endobj Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. 57. /Resources 365 0 R endobj /Resources 337 0 R 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. To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. /Rotate 0 /Contents [314 0 R 315 0 R 316 0 R] 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. 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. /CropBox [0 0 612 792] /Resources 257 0 R An official website of the United States government. /Type /Pages << 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. /CropBox [0 0 612 792] 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. The next step is careful preparation before the temporary injunction hearing. /Parent 8 0 R - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. 44. /Resources 261 0 R /Contents [374 0 R 375 0 R 376 0 R] /MediaBox [0 0 612 792] >> 1 0 obj /MediaBox [0 0 612 792] << << /Contents [390 0 R 391 0 R 392 0 R] /Parent 8 0 R 0000003946 00000 n /Kids [45 0 R 46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R 54 0 R] . >> 45. Rather, its about dealing with the future, not something that happened in the past. There are immediate expenditures necessary. 84 0 obj PDF COMPLAINT FOR PERMANENT INJUNCTION - United States Department of Justice 3. >> /Pages 4 0 R /Resources 121 0 R /CropBox [0 0 612 792] /Resources 369 0 R 15 0 obj ( /Annots [] /Parent 13 0 R /MediaBox [0 0 612 792] The proposed acquisition would reduce from four to three the number of significant firms that compete in small container commercial waste collection service in the Memphis, TN area. /Annots [] Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. /Type /Pages D. P. et al., . /Resources 177 0 R >> /Type /Page An individual commercial customer typically generates substantially more MSW than a residential customer. 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. /Annots [] /CropBox [0 0 612 792] ( 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. /CropBox [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. endobj << /Length 10 /Parent 13 0 R Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? (PC) Carroll v. Vallejo Police Department, et al., No. 1:2023cv00004 /Contents [266 0 R 267 0 R 268 0 R] 5. /Type /Page endobj /Parent 7 0 R /Contents [118 0 R 119 0 R 120 0 R] Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. C. Reduction in Competition As a Consequence of the Acquisition. In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. /Parent 10 0 R 31. stream PDF Verified Complaint for Damages and Injunctive Relief >> endobj /Rotate 0 /Annots [] /Parent 12 0 R 72 0 obj Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . 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; /Resources 329 0 R /MediaBox [0 0 612 792] /Subtype /XML >> /Count 10 "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. /Rotate 0 /Resources 205 0 R /Annots [] 12. Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. << Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. While small container commercial waste collection typically involves a FEL truck making regular stops on pre-scheduled routes to empty numerous containers at multiple customer locations, roll-off waste collection is often performed on an "on-call" basis for customers whose waste is not part of any route. For a variety of reasons, other types of collection activities, such as roll-off containers (typically used for construction debris) and collection of liquid or hazardous waste, are also rarely combined with commercial waste collection activities. /Parent 13 0 R /Parent 8 0 R 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. 92 0 obj Is the injunction prohibitory or mandatory? It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. 60 0 obj /CropBox [0 0 612 792] /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Contents [386 0 R 387 0 R 388 0 R] 13. /Contents [150 0 R 151 0 R 152 0 R] 6th Street Ft. Lauderdale, FL 33301 Defendants. /Resources 141 0 R endobj The global coronavirus pandemic threatens to disrupt the Presidential >> /Type /Page 91 0 obj Markets in which the HHI is between 1000 and 1800 points are considered to be moderately concentrated, and those in which the HHI is in excess of 1800 points are considered to be highly concentrated. << PDF Complaint for Injunctive Relief, Damages, Deciding Whether to Sue for Injunction, and What is the Process to 86 0 obj >> /PageLabels 3 0 R Suing for an injunction in Florida is all about preserving the status quo. /Resources 405 0 R endobj /Annots [] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] %%EOF /MediaBox [0 0 612 792] endobj /Rotate 0 The HHI takes into account the relative size and distribution of the firms in a market and approaches zero when a market consists of a large number of firms of relatively equal size. This action is brought to endobj This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. /MediaBox [0 0 612 792] /Parent 13 0 R /Rotate 0 >> 18 0 obj stream /Rotate 0 /Annots [] /CropBox [0 0 612 792] This is an action for permanent injunctive relief, declaratory relief, and /Resources 293 0 R endobj /Type /Page /Annots [] 68. 46. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream As such, following the process to the tee will help improve your chances for success. << 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. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! /Annots [] 0000002235 00000 n << /Parent 4 0 R /Annots [] 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. /Type /Page PDF COMPLAINT FOR INJUNCTIVE RELIEF - archive.org endobj ( /Parent 12 0 R 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. >> See also Chapter 224.08, Special Acts of Florida, 1943. /Contents [322 0 R 323 0 R 324 0 R] /Rotate 0 (ECF No. /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] /Type /Page /Resources 269 0 R 65 0 obj 25. << MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. 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. /Type /Page /Contents [358 0 R 359 0 R 360 0 R] 75 0 obj /MediaBox [0 0 612 792] /Annots [] endobj /Rotate 0 provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. 38. 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 [] EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. << 12102(1)-(2), the regulations implementing the . /CropBox [0 0 612 792] /Type /Page 65. endobj >> 48 0 obj /CropBox [0 0 612 792] xref The cost advantage of local landfills limits the areas where MSW can be economically transported and disposed of by haulers and creates localized markets for MSW disposal services. 59 0 obj stream That plaintiff recover the costs of this action. /Resources 213 0 R /Contents [382 0 R 383 0 R 384 0 R] ( << Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . << 34. Complaint for Injunctive Relief and Civil Penalties | US EPA /Count 79 /Annots [] PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General 7.) /CropBox [0 0 612 792] >> /Rotate 0 /Parent 10 0 R /Type /Page /Contents [350 0 R 351 0 R 352 0 R]