Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. /Parent 12 0 R /CropBox [0 0 612 792] /Contents [158 0 R 159 0 R 160 0 R] >> /Count 10 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . /Type /Page 32 0 obj In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . /Parent 7 0 R PDF Verified Second Amended Complaint for Injunctive and Declaratory Relief 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. /Resources 141 0 R PDF Verified Complaint for Declaratory and Injunctive Relief "New York City, NY area" means the Borough of Brooklyn, New York. >> /Parent 8 0 R /Type /Page /Resources 129 0 R << PDF Complaint for Injunctive and Other Equitable Relief /Parent 4 0 R /Rotate 0 /CropBox [0 0 612 792] /Parent 14 0 R That plaintiff recover the costs of this action. /CropBox [0 0 612 792] /Contents [210 0 R 211 0 R 212 0 R] ( /Rotate 0 /Annots [] /Contents [110 0 R 111 0 R 112 0 R] Roll-off haulers typically deal with larger waste volumes from a single customer for which disposal costs constitute a greater percentage of the total revenue received for the service. /Type /Metadata /Contents [286 0 R 287 0 R 288 0 R] Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. /Type /Page /Resources 193 0 R /Type /Page /Parent 12 0 R /Rotate 0 65 0 obj 10. >> /Annots [] /CropBox [0 0 612 792] /CropBox [0 0 612 792] endobj << /Rotate 0 22 0 obj endobj /Parent 4 0 R >> ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx 60. 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. endobj 2. /CropBox [0 0 612 792] Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. /Type /Page 23. 31 0 obj <>stream not D. Entry Into Commercial Waste Collection of MSW. /Parent 13 0 R /Rotate 0 >> 62. 59 0 obj /Resources 381 0 R >> /Type /Page /Type /Page /Contents [346 0 R 347 0 R 348 0 R] /CropBox [0 0 612 792] PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief /Parent 7 0 R /Type /Page Transactions that increase the HHI by more than 100 points in highly concentrated markets presumptively raise antitrust concerns under the Horizontal Merger Guidelines issued by the U.S. Department of Justice and the Federal Trade Commission. ( /Parent 13 0 R endobj 3 0 obj 91 0 obj 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. /Type /Page /Type /Page 21. EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. /Type /Page 1114 Trademark Infringement . ( 30 0 obj /Parent 9 0 R /Parent 12 0 R /Parent 9 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. /CropBox [0 0 612 792] 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. Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. /Resources 317 0 R 13 0 obj /Parent 8 0 R Garcia controll ed the MJ Companies prior to their going into receivership. >> << /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Resources 241 0 R A .gov website belongs to an official government organization in the United States. /Contents [310 0 R 311 0 R 312 0 R] /Type /Pages Statutes & Constitution :View Statutes : Online Sunshine /Resources 249 0 R PDF Complaint for Emergency Injunctive and Declaratory Relief /Contents [354 0 R 355 0 R 356 0 R] 5. 54. endstream endobj 29 0 obj <>stream /Contents [170 0 R 171 0 R 172 0 R] /Count 79 0000001187 00000 n ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; /Resources 201 0 R /Rotate 0 REPUBLIC SERVICES, INC., 110 S.E. /Annots [] /Type /Page /Type /Page Plaintiff complains and alleges as follows: 1. /Annots [] /Parent 13 0 R 23 0 obj 37. /Annots [] Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. /CropBox [0 0 612 792] 31. << 95 0 obj /CropBox [0 0 612 792] This action is brought to Is there any vagueness, or is everything extremely clear? 79 0 obj In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. /Annots [] >> On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. /CropBox [0 0 612 792] /Resources 161 0 R >> 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. /Resources 169 0 R 19 0 obj This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. PDF United States District Court Southern District of Florida West Palm /Annots [] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Annots [] /Contents [294 0 R 295 0 R 296 0 R] /Resources 349 0 R /CropBox [0 0 612 792] endobj /Rotate 0 >> /Contents [298 0 R 299 0 R 300 0 R] /Annots [] /Resources 337 0 R 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. /Contents [198 0 R 199 0 R 200 0 R] 14 0 obj ( /Resources 297 0 R 2320 14 >> << 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. /Parent 11 0 R /Contents [130 0 R 131 0 R 132 0 R] Should you request a temporary injunction or push quickly for final permanent injunction. /Annots [] 35 0 obj /CropBox [0 0 612 792] endobj 55. %PDF-1.5 % /Parent 11 0 R /MediaBox [0 0 612 792] 15 0 obj In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. >> /Contents [318 0 R 319 0 R 320 0 R] /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. 0000006750 00000 n The Macon, GA area is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the ClaytonAct. /CropBox [0 0 612 792] 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. 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. /Count 10 >> Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. /Count 10 Anderson, IN and New York City, NY are two such areas. << /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] /Resources 157 0 R ( /Annots [] >> /Contents [330 0 R 331 0 R 332 0 R] Microsoft Word - 2022-08-24 - Complaint - FINAL Garcia is a resident of North Lauderdale, Fl orida. 77 0 obj endobj /Contents [406 0 R 407 0 R 408 0 R] 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. /Annots [] 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. /Parent 14 0 R << /Type /Pages 67 0 obj /Parent 9 0 R /Parent 13 0 R endobj 1 0 obj 7402(a) to prevent such conduct. /CropBox [0 0 612 792] /Contents [370 0 R 371 0 R 372 0 R] D. P. et al., . /Rotate 0 /Resources 377 0 R /MediaBox [0 0 612 792] /Resources 133 0 R >> endobj JFIF C Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. (Compl . SOUTHERN DISTRICT OF FLORIDA . This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. endobj ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . MSW generated by residential customers, on the other hand, is often collected by either local governments or by private haulers pursuant to contracts bid by, or franchises granted by, municipal authorities. /Resources 233 0 R JacqmeinV /CropBox [0 0 612 792] /CropBox [0 0 612 792] 64 0 obj /Annots [] >> The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. /Metadata 2 0 R /Type /Page /Resources 369 0 R /Rotate 0 Plaintiff filed this action against defendant for breaching a non-competition agreement. >> /Rotate 0 "0A149;>>>%.DIC; C 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. /Annots [] /Type /Page 63 0 obj 5.) /Resources 309 0 R 28. endobj Complaint for Declaratory Relief in Florida - Trellis endobj >> /Annots [] << 0000000817 00000 n 4. /Rotate 0 ( In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. /Annots [] /Type /Page >> The City changed its name from "New 56 0 obj Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. Does the injunction provide broad or limited relief? 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. 10941 and Laws of Florida, Ch. /MediaBox [0 0 612 792] /MediaBox [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. /S /D /Contents [326 0 R 327 0 R 328 0 R] 0000002992 00000 n 93 0 obj What impact will it have on third-parties and employees? /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. /Rotate 0 _l {:\! /Annots [] /CropBox [0 0 612 792] ( << /Count 9 /Rotate 0 For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. /Resources 153 0 R << /Type /Page /Resources 325 0 R In the Macon, GA area, the proposed acquisitions would result in Republic controlling more than 60 percent of the roll-off waste collection market at the same time it owns the two primary disposal options which any roll-off competitor would most likely use. 18. endobj (ECF No. endobj 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. >> /Contents [118 0 R 119 0 R 120 0 R] /CropBox [0 0 612 792] After the acquisition, Allied would control over 50 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $31 million. 68. Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. ( 49 0 obj For a variety of reasons, other types of collection activities, such as roll-off containers (typically used for construction debris) and collection of liquid or hazardous waste, are also rarely combined with commercial waste collection activities. /Filter /FlateDecode /CropBox [0 0 612 792] /Annots [] xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC 58. 53. /CropBox [0 0 612 792] /Rotate 0 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] /Resources 185 0 R Secure .gov websites use HTTPS /Contents [230 0 R 231 0 R 232 0 R] /MediaBox [0 0 612 792] x+ | 51. /Resources 397 0 R /MediaBox [0 0 612 792] %PDF-1.5 >> US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. /Resources 273 0 R /Contents [250 0 R 251 0 R 252 0 R] endobj .t. The predictable result is the denial of the vote to untold numbers of Floridians who had planned to vote in person on Election Dayincluding those who are elderly or have health conditions and cannot get to the polls without tremendous risk, university students who are no longer present in their county of registration because their dorms have closed, and those who venture out but encounter long lines and confusion at the polls. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] 48 0 obj /Parent 10 0 R PDF Verified Complaint for Damages and Injunctive Relief 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. Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing See also Chapter 224.08, Special Acts of Florida, 1943. /Annots [] PDF United States District Court Northern District of Florida Pensacola /Rotate 0 30. /Rotate 0 /Contents [314 0 R 315 0 R 316 0 R] >> /Parent 10 0 R endobj /CropBox [0 0 612 792] /Contents [334 0 R 335 0 R 336 0 R] 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. After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /MediaBox [0 0 612 792] 65. endobj /Contents [358 0 R 359 0 R 360 0 R] 74 0 obj 0000001563 00000 n The transactions likely will have the following effects, among others: 1. /Type /Page /Parent 11 0 R <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 2 0 obj 41 0 obj 69 0 obj Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines.

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