<< JFIF C 1391, . What happens if the temporary injunction is not granted? /Type /Page } !1AQa"q2#BR$3br /Resources 189 0 R /Parent 4 0 R /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] "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. See Merger Guidelines 1.51. Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. 0000001317 00000 n /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] ( Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /Type /Page << /MediaBox [0 0 612 792] /Annots [] 26 0 obj << /Resources 157 0 R In this presentation, Jimerson Birr AssociateAustin B. Calhouncovers 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. /MediaBox [0 0 612 792] >> /Resources 133 0 R /CropBox [0 0 612 792] /MediaBox [0 0 612 792] 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. 47. 56 0 obj /MediaBox [0 0 612 792] ( /MediaBox [0 0 612 792] /Rotate 0 >> /Type /Page PDF IN THE CIRCUIT COURT OF THE SECOND JUDICIAL - Florida Carry, Inc. /Type /Page /CropBox [0 0 612 792] /Rotate 0 3. /Resources 105 0 R /Resources 261 0 R /Parent 4 0 R /Parent 10 0 R /Resources 117 0 R ( << /Type /Page Official websites use .gov /Parent 7 0 R /Contents [406 0 R 407 0 R 408 0 R] /Contents [166 0 R 167 0 R 168 0 R] /Type /Page /Rotate 0 >> 0000002992 00000 n . 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. /Annots [] /Resources 265 0 R /Type /Page /CropBox [0 0 612 792] /Resources 109 0 R /Rotate 0 endobj /Filter /FlateDecode Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. /Resources 273 0 R /MediaBox [0 0 612 792] 0000006750 00000 n PDF United States District Court Middle District of Florida Tampa Division Small container commercial waste collection services are generally provided in highly localized areas because to operate efficiently and profitably, a hauler must have sufficient density in its commercial waste collection operations; i.e., a large number of commercial accounts that are reasonably close together. /Annots [] /Annots [] endobj /Contents [370 0 R 371 0 R 372 0 R] /MediaBox [0 0 612 792] 83.40 et seq. 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. /Parent 7 0 R 25 0 obj <> endobj 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. /Resources 221 0 R ( The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. << /Rotate 0 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. 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. 21 0 obj 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. /Rotate 0 53 0 obj 6. /Rotate 0 /Annots [] 73 0 obj /Rotate 0 /CropBox [0 0 612 792] /Type /Page . Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /Resources 245 0 R 39. /Rotate 0 /Parent 12 0 R Complaint for Injunctive Relief and Damages for Breach of /Rotate 0 Less frequently, haulers may use more maneuverable, but less efficient, rear-end loader ("REL") trucks, especially in those areas in which a collection route includes narrow alleyways or streets. The United States of America, acting under the direction of the Attorney General of the United States, brings this civil antitrust action to enjoin the acquisition of certain waste hauling and disposal assets by Defendants Allied Waste Industries, Inc. ("Allied") and Republic Services, Inc. ("Republic") and to obtain equitable relief and other relief as appropriate. Defendants Allied and Republic collect municipal solid waste from residential, commercial, and industrial customers, and they own and operate transfer stations, landfills, and incinerators, which process and dispose of municipal solid waste. /MediaBox [0 0 612 792] In the Columbus, OH area, the proposed acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste. 94 0 obj endobj - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. 2201 a nd 2202. /Annots [] /Parent 14 0 R endobj /Parent 12 0 R 42 0 obj 63. /Contents [222 0 R 223 0 R 224 0 R] ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. THIS COURT'S POWER TO GRANT RELIEF 84. Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . M`5`i`F{qZ 25. /Rotate 0 /Count 10 %PDF-1.5 37. /Resources 257 0 R << /Contents [318 0 R 319 0 R 320 0 R] /MediaBox [0 0 612 792] /Annots [] /Contents [258 0 R 259 0 R 260 0 R] "New York City, NY area" means the Borough of Brooklyn, New York. << /Contents [398 0 R 399 0 R 400 0 R] >> 23 0 obj /MediaBox [0 0 612 792] 2320 14 endobj 44. << 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). 14 0 obj 27 0 obj /MediaBox [0 0 612 792] << 12. >> /Parent 9 0 R /Parent 10 0 R It is engaged in providing waste collection and disposal services throughout the United States. /Annots [] 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. /MediaBox [0 0 612 792] /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] endobj MSW has physical characteristics that readily distinguish it from other liquid or solid waste. /Resources 213 0 R Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . 54 0 obj Managing Partner /Parent 8 0 R 48. /Annots [] In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. /Count 9 /Rotate 0 /Rotate 0 endobj Does the temporary injunction preserve the Status Quo or does it make a change? /CropBox [0 0 612 792] /Kids [65 0 R 66 0 R 67 0 R 68 0 R 69 0 R 70 0 R 71 0 R 72 0 R 73 0 R 74 0 R] /CropBox [0 0 612 792] 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. /Parent 14 0 R /Annots [] << /Type /Page COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. 12. /MediaBox [0 0 612 792] $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! /Parent 7 0 R ( Injunctive relief is considered an extraordinary remedy in both State and Federal court. >> /Resources 277 0 R /Contents [270 0 R 271 0 R 272 0 R] /Parent 12 0 R /Rotate 0 /Type /Page ( endobj 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. endstream endobj startxref 5 0 obj 85 0 obj hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. 7. 3 0 obj /Rotate 0 1 0 obj 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. Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /MediaBox [0 0 612 792] This is a must-watch video before you consider whether to sue for injunction. 55. (Compl . >> 41 0 obj SOUTHERN DISTRICT OF FLORIDA . /Rotate 0 /Parent 11 0 R /Type /Pages /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] 56. 58 0 obj 4. /CropBox [0 0 612 792] /CropBox [0 0 612 792] /CropBox [0 0 612 792] Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. /Resources 145 0 R endobj /MediaBox [0 0 612 792] endobj /Parent 10 0 R 0000001563 00000 n /Type /Page An official website of the United States government. 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 . << Small Container Commercial Waste Collection Service. On residential routes, the crews generally hand-load the customer's MSW, typically by tossing garbage bags and emptying trash cans into the vehicle's storage section. /CropBox [0 0 612 792] <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> 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. (2001). Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. 0000002235 00000 n PDF Verified Complaint for Declaratory and Injunctive Relief Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. endobj 48 0 obj endobj /Resources 329 0 R 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. Roll-off vehicles have no compaction system on board and are designed to carry only one large container at a time to a disposal site. /Parent 13 0 R endobj << /CropBox [0 0 612 792] /Contents [194 0 R 195 0 R 196 0 R] >> 57. 1331 and 1337. 34. /Contents [106 0 R 107 0 R 108 0 R] >> 54. After the acquisition, Allied would control roughly 69 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $25 million. >> /Kids [55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R 63 0 R 64 0 R] endobj Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. /CropBox [0 0 612 792] /Parent 14 0 R >> >> /Parent 10 0 R >> /Resources 285 0 R D. Entry Into Commercial Waste Collection of MSW. Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. 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. construction debris) and volume, roll-off waste is deposited by the customer/generator into a disposal container (usually 20 to 40 cubic yards in size) which is larger than those routinely used in small container commercial collection (usually one to 10 cubic yards in size). /Type /Page /MediaBox [0 0 612 792] /Resources 161 0 R 95 0 obj /Parent 4 0 R /Contents [294 0 R 295 0 R 296 0 R] How long will the injunction be effective? endobj 63 0 obj << /Annots [] /CropBox [0 0 612 792] /Annots [] In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. /Resources 153 0 R /Contents [178 0 R 179 0 R 180 0 R] endobj Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. /Type /Page /CropBox [0 0 612 792] /MediaBox [0 0 612 792] %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr /Type /Page >> /Type /Page /CropBox [0 0 612 792] Therefore, its important to not consider it a tool for righting a wrong. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . An individual commercial customer typically generates substantially more MSW than a residential customer. In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . << 76 0 obj 8 0 obj Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida. /Contents [226 0 R 227 0 R 228 0 R] 52. .t. 17. 19. hbbd`b`rfb`gb` # 49. /Contents [262 0 R 263 0 R 264 0 R] << /Type /Page Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. 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. 65 0 obj 7402(a) to prevent such conduct. /MediaBox [0 0 612 792] >> 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. /Annots [] This form is a Complaint for Injunctive Relief and Damages. /Resources 357 0 R <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 37 0 obj /Author (JacqmeinV) : 01-42230-BKC-AJC . The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. /MediaBox [0 0 612 792] /Annots [] >> << << Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. did not involve a claim for declaratory relief. endobj 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. << Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . In such instances, the waste is brought to a nearby transfer station where it is compacted and combined with other waste and then transported to a more distant permanent disposal site. >> JURISDICTION AND VENUE 1. >> << << %PDF-1.4 % /Type /Page 64 0 obj 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. /Resources 321 0 R /Type /Page /CropBox [0 0 612 792] << << 32. /Contents [310 0 R 311 0 R 312 0 R] << /CropBox [0 0 612 792] /MediaBox [0 0 612 792] <> /Contents [362 0 R 363 0 R 364 0 R] 51 0 obj /Type /Page << 28 0 obj /Parent 4 0 R Preference Primary election in Florida. 4. ( /Annots [] 21. /Annots [] >> << << "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. /Rotate 0 /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. 12 0 obj stream clearly appears from specific facts shown by affidavit or by verified complaint that immediate or /CropBox [0 0 612 792] /Type /Page /Resources 209 0 R /Parent 7 0 R 27. /Rotate 0 << /Contents [146 0 R 147 0 R 148 0 R] /Resources 405 0 R /Annots [] /Rotate 0 ( /Parent 12 0 R /Annots [] /Count 10 /Resources 197 0 R /Rotate 0 << << endobj /Parent 4 0 R /Type /Page 45. /Annots [] /Resources 397 0 R xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC 91 0 obj endobj /CropBox [0 0 612 792] <<14CA263718F8354CB34DA495C0495A29>]>> 3. The United States is entitled to injunctive relief under 26 U.S.C. /Contents [102 0 R 103 0 R 104 0 R] /Contents [326 0 R 327 0 R 328 0 R] 44 0 obj 61 0 obj 18 0 obj >> /Annots [] %PDF-1.5 % /Parent 12 0 R /Rotate 0 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 [274 0 R 275 0 R 276 0 R] 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. /Count 10 3 0 obj Section 13(b) of the FTC Act, 15 U.S.C. /Resources 121 0 R /CropBox [0 0 612 792] (ECF No. 28. endobj ( >> << endobj Charles B. Jimerson 0000000879 00000 n >> endobj As such, following the process to the tee will help improve your chances for success. not 84 0 obj startxref /MediaBox [0 0 612 792] endobj /Resources 281 0 R /MediaBox [0 0 612 792] Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW.