/Count 10 /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] /Rotate 0 /Parent 11 0 R << %%EOF /Annots [] /Type /Page /CropBox [0 0 612 792] 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. << 45], filed on August 192021, . PDF United States District Court Southern District of Florida West Palm /Parent 14 0 R "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 23 0 obj 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. /Parent 4 0 R 83 0 obj >> /Resources 209 0 R %PDF-1.6 /MediaBox [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. 0000000016 00000 n endobj The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. << That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. /Resources 225 0 R /Annots [] 11 0 obj /Contents [346 0 R 347 0 R 348 0 R] /Parent 10 0 R /Contents [194 0 R 195 0 R 196 0 R] /Parent 9 0 R /CropBox [0 0 612 792] 21 0 obj After the acquisition, Republic would control over 50 percent--and two firms about 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $22 million. >> /Rotate 0 /Contents [182 0 R 183 0 R 184 0 R] << << 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. /Rotate 0 /Parent 12 0 R "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. 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 . /Count 10 endobj /Count 79 ( /Parent 11 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. 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. In areas where it is not practical to construct and permit a landfill, it is necessary to put in a transfer station to get the waste to a more distant landfill. /Rotate 0 ( << << The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. /Annots [] /CropBox [0 0 612 792] >> /Rotate 0 17. /Contents [402 0 R 403 0 R 404 0 R] << 23. /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> /CropBox [0 0 612 792] After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /CropBox [0 0 612 792] 3. /Parent 13 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. /Rotate 0 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. /MediaBox [0 0 612 792] 6. /Type /Page >> /Annots [] /Resources 273 0 R VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. << /Type /Page ( endobj 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. 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. /Contents [154 0 R 155 0 R 156 0 R] /Contents [294 0 R 295 0 R 296 0 R] Roll-off waste collection customers typically generate bulkier items of waste and/or substantially larger volumes of waste than residential or small container commercial waste customers from sources such as construction sites or industrial plants. /Rotate 0 >> /CropBox [0 0 612 792] /MediaBox [0 0 612 792] PDF United States District Court Northern District of Florida Pensacola endobj endobj >> endobj endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream << Republic is engaged in providing waste collection and disposal services throughout the United States. /Parent 14 0 R 29. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 3. /CropBox [0 0 612 792] 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. startxref In the Norfolk, VA area, the acquisition would reduce from three to two the number of significant firms competing in the collection of small container commercial waste. /MediaBox [0 0 612 792] /Annots [] 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. /Rotate 0 endobj This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. >> Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. /Rotate 0 Managing Partner /MediaBox [0 0 612 792] /Annots [] 69. endobj ( /Rotate 0 /Type /Page Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /Rotate 0 clearly appears from specific facts shown by affidavit or by verified complaint that immediate or /Resources 101 0 R The transactions likely will have the following effects, among others: 1. /MediaBox [0 0 612 792] There are no good substitutes for MSW disposal. /CropBox [0 0 612 792] Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. << endobj /Rotate 0 /Annots [] 40. 51 0 obj >> ( 53 0 obj /MediaBox [0 0 612 792] /Type /Page Copyright 2008-2023 Jimerson Birr, P.A. ( Haulers organize their commercial accounts into routes, and collect and transport the MSW generated by these accounts in vehicles uniquely well suited for small container waste collection -- primarily front-end loader ("FEL") trucks. endobj /Rotate 0 /Resources 373 0 R 0000000879 00000 n /Count 10 8. /Resources 145 0 R 21-81099-CIV-CANNON/Reinhart . << >> /MediaBox [0 0 612 792] 61 0 obj 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . /MediaBox [0 0 612 792] endobj endobj /Annots [] The next step is careful preparation before the temporary injunction hearing. /Type /Page 54. /Rotate 0 0000000592 00000 n /CropBox [0 0 612 792] endobj /Rotate 0 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. Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit United States District Court Southern District of Florida A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . >> /Rotate 0 /Annots [] /Annots [] ( The global coronavirus pandemic threatens to disrupt the Presidential 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. x+ | /Resources 125 0 R /MediaBox [0 0 612 792] Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. /Parent 14 0 R /CropBox [0 0 612 792] The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. In the New York City, NY area, the acquisition would reduce from five to four the number of significant firms competing to dispose of commercial MSW. 43 0 obj /Resources 329 0 R /Rotate 0 >> 73 0 obj 77 0 obj 25 0 obj endobj << ( 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. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . 5.) /Type /Page <>>> 11. << /Resources 385 0 R 0000003868 00000 n Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. Omega SA v. The Individuals, Business Entities, and Unincorporated >> /Annots [] Share sensitive information only on official, secure websites. /Resources 309 0 R /MediaBox [0 0 612 792] /Resources 377 0 R /Contents [102 0 R 103 0 R 104 0 R] 2320 0 obj<> endobj startxref 93 0 obj ( 59 0 obj 41 0 obj 19 0 obj /Rotate 0 <> /CropBox [0 0 612 792] >> ( SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. did not involve a claim for declaratory relief. >> >> /Type /Page /Contents [110 0 R 111 0 R 112 0 R] Likewise, roll-off customers generate volumes of waste which are too large to be serviced by a FEL truck on a pre-scheduled commercial route. endobj /Contents [218 0 R 219 0 R 220 0 R] /Parent 10 0 R h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< /Contents [302 0 R 303 0 R 304 0 R] /Parent 9 0 R "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. 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. /MediaBox [0 0 612 792] >> /MediaBox [0 0 612 792] /Type /Page Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages. "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. /Resources 305 0 R >> /Rotate 0 /Type /Page 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). /Annots [] 7 0 obj EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. Often businesses do not consider the implications for taking this action. /MediaBox [0 0 612 792] /Rotate 0 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. /Parent 13 0 R /CropBox [0 0 612 792] 30. /Type /Pages endobj /Parent 10 0 R 2018 to May 6, 2021. 88 0 obj 2 0 obj Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. /Contents [106 0 R 107 0 R 108 0 R] >> 31 0 obj <>stream /CropBox [0 0 612 792] /CropBox [0 0 612 792] 72 0 obj << /Parent 12 0 R 95 0 obj 44 0 obj } !1AQa"q2#BR$3br /Rotate 0 /Resources 325 0 R Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. 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. endobj >> 0000001373 00000 n /Annots [] &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id endobj /Rotate 0 /CropBox [0 0 612 792] /Parent 10 0 R /Type /Page >> xref /S /D /CropBox [0 0 612 792] /Type /Page The customer's MSW is stored in much smaller containers (e.g., garbage bags or trash cans) and instead of FEL trucks, waste collection firms routinely use REL or side-load trucks, manned by larger crews (usually, two-or three-person teams). endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream 3601, et seq. /Parent 7 0 R stream JURISDICTION AND VENUE 13. endobj IV. /Resources 285 0 R hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. /Resources 269 0 R /Type /Pages 0000001317 00000 n 0000003645 00000 n Temporary Injunction - Florida Litigation Guide stores and restaurants). << /Contents [290 0 R 291 0 R 292 0 R] /Contents [378 0 R 379 0 R 380 0 R] << /Resources 401 0 R These differences mean that roll-off waste collection firms can profitably increase their charges for roll-off waste collection services without losing significant sales or revenues to firms engaged in the provision of other types of waste collection services. /Type /Page endobj /CropBox [0 0 612 792] /Type /Page 20. /Annots [] 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. This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. PDF Verified Complaint for Declaratory and Injunctive Relief 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. Annotations: Subsection (b) of the rule extends the Small Claims Rules to all claims for money or property, even when expressed or coupled with a claim for equitable relief. ( /Resources 337 0 R /Parent 12 0 R 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. /Type /Page << /Contents [374 0 R 375 0 R 376 0 R] 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. %PDF-1.3 % 80 0 obj Garcia is a resident of North Lauderdale, Fl orida. In the Clarksville, TN area, the acquisition would reduce from five to four the number of significant firms competing in the collection of small container commercial waste. 19. /Annots [] /Type /Page %%EOF Complaint for Injunctive Relief | ATR | Department of Justice 0000006259 00000 n /CropBox [0 0 612 792] 34. /Annots [] 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. 2. >> 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." /Type /Page /Annots [] /Type /Page endobj /Resources 185 0 R 6 0 obj 45 0 obj /Type /Page /Contents [354 0 R 355 0 R 356 0 R] /Rotate 0 Garcia controll ed the MJ Companies prior to their going into receivership. Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. 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. /Resources 257 0 R /Parent 11 0 R /Type /Page - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. /Metadata 2 0 R >> /Contents [334 0 R 335 0 R 336 0 R] /CropBox [0 0 612 792] 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. /Rotate 0 /Resources 205 0 R /CropBox [0 0 612 792] /Contents [394 0 R 395 0 R 396 0 R] 2. /Contents [150 0 R 151 0 R 152 0 R] The county court may issue a temporary and permanent injunction where appropriate for violation of ss. Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. << Haulers, therefore, generally establish garages and related facilities within each major local area served. trailer Complaint for Injunctive Relief and Damages for Breach of /MediaBox [0 0 612 792] In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. 16. /MediaBox [0 0 612 792] << endobj >> ( 55 0 obj 0000003135 00000 n /Rotate 0 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. Roll-off waste collection services are generally provided in localized areas because a roll-off truck cannot be efficiently or profitably driven significantly longer distances than those driven by a competitor to collect and dispose of the waste. << 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 Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. << /Parent 12 0 R /Resources 113 0 R /Resources 169 0 R endobj PDF In the Supreme Court of Florida Case No.: Sc11- Third District Case No