complaint for injunctive relief florida
Hello world!
March 2, 2022>> REPUBLIC SERVICES, INC., 110 S.E. /Type /Page /CropBox [0 0 612 792] /Contents [330 0 R 331 0 R 332 0 R] >> Secure .gov websites use HTTPS << << 56. >> >> >> >> /Annots [] endobj Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. /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] x+ | /Rotate 0 /Resources 205 0 R Waste collection firms, or "haulers," collect MSW from residential, commercial and industrial establishments, and transport the waste to a disposal site, such as a transfer station, sanitary landfill or incinerator, for processing and disposal. /Rotate 0 endobj IV. /Parent 11 0 R << ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. Firms that compete in the disposal of MSW generated in the Anderson, IN or New York City, NY areas can profitably increase their charges for disposal of MSW generated in each area without losing significant sales to more distant disposal sites. 69. 25 0 obj 21-81099-CIV-CANNON/Reinhart . /CropBox [0 0 612 792] 63. For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. 18. /MediaBox [0 0 612 792] /Resources 121 0 R In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. 0000003645 00000 n /Annots [] /Resources 101 0 R 2018 to May 6, 2021. /Annots [] /Type /Pages >> The county court may issue a temporary and permanent injunction where appropriate for violation of ss. /Annots [] /MediaBox [0 0 612 792] /Contents [266 0 R 267 0 R 268 0 R] /Type /Page >> 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. /Type /Page 4. endobj 30 0 obj <>/Filter/FlateDecode/ID[<3860DCF29749FC4EACF121159FB5FA73><3860DCF29749FC4EACF121159FB5FA73>]/Index[25 7]/Info 24 0 R/Length 36/Prev 968458/Root 26 0 R/Size 32/Type/XRef/W[1 2 0]>>stream /Resources 257 0 R 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. 2 0 obj /Parent 10 0 R ( 0 62 0 obj 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 /Resources 309 0 R 25 0 obj <> endobj 22 and 28 U.S.C. relief pursuant to Chapter 86, Florida Statutes. /Creator (PScript5.dll Version 5.2.2) /Contents [302 0 R 303 0 R 304 0 R] /Annots [] /Rotate 0 /Rotate 0 /Type /Page /Parent 7 0 R >> 59 0 obj /MediaBox [0 0 612 792] 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. 34. /Rotate 0 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. This is a must-watch video before you consider whether to sue for injunction. 77 0 obj In the Macon, GA area, the acquisition would reduce from two to one the number of significant firms that compete in the collection of small container commercial waste. /Parent 12 0 R Because of its characteristics (e.g. /Type /Page 54. endobj % Garcia controll ed the MJ Companies prior to their going into receivership. 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. /Rotate 0 /Resources 253 0 R 80 0 obj /MediaBox [0 0 612 792] >> This is a civil action brought by the United States of America to enjoin defendant . 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 8 0 R /CropBox [0 0 612 792] /Rotate 0 << 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. endobj 45 0 obj 53. /Parent 12 0 R /Resources 145 0 R /Type /Page (ECF No. An official website of the United States government. 16. /Type /Page << /CropBox [0 0 612 792] /CropBox [0 0 612 792] >> Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. Republic would thus be in a position to raise the disposal costs at the landfill and transfer stations which it would own to any new or existing roll-off collection competitor in the Macon, GA area. ( After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. 0000001994 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] 95 0 obj 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. /PageLabels 3 0 R Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. endobj endobj 13. Does the courts have ability to enforce what you are requesting? "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. 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. /MediaBox [0 0 612 792] /Parent 13 0 R This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. /Contents [230 0 R 231 0 R 232 0 R] /Parent 14 0 R << 40. endobj 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. /Length 3282 /Rotate 0 49. /Rotate 0 endobj In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. 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. /Resources 289 0 R /Annots [] /Length 10 /Annots [] /Annots [] /MediaBox [0 0 612 792] 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. /CropBox [0 0 612 792] 52 0 obj /CropBox [0 0 612 792] /CropBox [0 0 612 792] 82 0 obj >> 6 0 obj << "Lakeland, FL area" means Polk County, Florida. endobj Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. /Contents [146 0 R 147 0 R 148 0 R] For a number of reasons, landfills may not be located close to where the waste is generated. /CropBox [0 0 612 792] 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." D. Entry Into Commercial Waste Collection of MSW. 33 0 obj 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). /Type /Page Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. << INTRODUCTION . >> << x1 04) F&`/MFWxC. 88 0 obj<>stream /Parent 13 0 R /Parent 10 0 R Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. /MediaBox [0 0 612 792] Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. endobj >> /Parent 11 0 R xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC /Resources 173 0 R /Rotate 0 >> endobj 93 0 obj 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. << /Contents [390 0 R 391 0 R 392 0 R] 85 0 obj /CropBox [0 0 612 792] /Annots [] 91 0 obj 68. ( This is an action for injunctive relief. 78 0 obj /Rotate 0 /MediaBox [0 0 612 792] 2201-202, and . 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. Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing /Rotate 0 << 61 0 obj 26 0 obj 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. /MediaBox [0 0 612 792] In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. 4. ( /Annots [] /Resources 217 0 R endobj /Contents [298 0 R 299 0 R 300 0 R] After the acquisition, Allied would control over 55 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $28 million. << Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida. >> See Merger Guidelines 1.51. In the Anderson, IN and New York City, NY areas, entry by any new MSW disposal facility would be an extremely costly and time-consuming process, and unlikely to prevent market incumbents from significantly raising prices for the disposal of MSW following the acquisition. "0A149;>>>%.DIC; C /Annots [] 0000001641 00000 n /MediaBox [0 0 612 792] <>>> <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> >> << /Annots [] << /Parent 14 0 R Therefore, its important to not consider it a tool for righting a wrong. /MediaBox [0 0 612 792] Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. /Annots [] << /Parent 13 0 R /Resources 285 0 R /Type /Page Copyright 2008-2023 Jimerson Birr, P.A. H*23430P AsKN$r{(s /Rotate 0 endobj The extension of vote-by-mail options and other accommodations at polling places is necessary. Section 13(b) of the FTC Act, 15 U.S.C. /CropBox [0 0 612 792] /CropBox [0 0 612 792] 34 0 obj /Parent 4 0 R "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. endobj /MediaBox [0 0 612 792] 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. /Annots [] ( /CropBox [0 0 612 792] /Contents [182 0 R 183 0 R 184 0 R] /Parent 14 0 R /Rotate 0 /Parent 8 0 R /Type /Page /Type /Pages As such, following the process to the tee will help improve your chances for success. /Contents [118 0 R 119 0 R 120 0 R] /Rotate 0 /Parent 13 0 R 64 0 obj /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. %PDF-1.4 % Complaint for Injunctive Relief . 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. ( /Annots [] /Resources 377 0 R /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 43. endobj /Rotate 0 /CropBox [0 0 612 792] /Contents [358 0 R 359 0 R 360 0 R] 31. /Parent 8 0 R /Annots [] /Resources 137 0 R Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. "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. /Annots [] >> 60 0 obj /Type /Page /Resources 201 0 R /Parent 7 0 R endobj /Contents [174 0 R 175 0 R 176 0 R] /Contents [190 0 R 191 0 R 192 0 R] 73 0 obj endobj Thus, roll-off 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. 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. >> This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. "MSW" means municipal solid waste, a term of art used to describe solid putrescible waste generated by households and commercial establishments such as retail stores, offices, restaurants, warehouses, and non-manufacturing activities in industrial facilities. The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. "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. >> Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /CropBox [0 0 612 792] >> The City changed its name from "New 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.
