/Parent 9 0 R >> In the Augusta, GA area, the acquisition would reduce from three to two the number of significant competitors in the collection of small container commercial waste. /Rotate 0 Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh
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endobj and Florida Statute 86.011, et seq. /Type /Page 86 0 obj >> endobj /Type /Page /Rotate 0 24. Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. << /Rotate 0 /Rotate 0 52 0 obj 38 0 obj /Contents [370 0 R 371 0 R 372 0 R] H*23430P AsKN$r{(s
/Annots [] endobj Obtaining a permit to construct a new disposal facility or to expand an existing one is a costly and time-consuming process, which typically takes many years to conclude. /MediaBox [0 0 612 792] 45. endobj /Resources 225 0 R << /Parent 11 0 R /Contents [390 0 R 391 0 R 392 0 R] /CropBox [0 0 612 792] /Annots [] endobj 10 0 obj endobj >> /Type /Page >> judgment, and preliminary and permanent injunctive relief and damages. /CropBox [0 0 612 792] endobj ( endobj /Parent 4 0 R /Type /Page endobj 56. 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. 53. 29 0 obj /CropBox [0 0 612 792] 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. /Contents [162 0 R 163 0 R 164 0 R] 91 0 obj 23. REPUBLIC SERVICES, INC., 110 S.E. /Resources 261 0 R 0000000556 00000 n
/Creator (PScript5.dll Version 5.2.2) Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. /Type /Page >> << /Type /Page Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. << For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. 46. /Resources 265 0 R /Contents [214 0 R 215 0 R 216 0 R] "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. PDF Verified Second Amended Complaint for Injunctive and Declaratory Relief "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. /Contents [154 0 R 155 0 R 156 0 R] /Rotate 0 0000000016 00000 n
/Contents [262 0 R 263 0 R 264 0 R] 12. /MediaBox [0 0 612 792] /Annots [] 0000001149 00000 n
/CropBox [0 0 612 792] /Rotate 0 4. It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. 39 0 obj /Contents [318 0 R 319 0 R 320 0 R] /CropBox [0 0 612 792] /MediaBox [0 0 612 792] << /Length 10 /Resources 377 0 R for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. /Annots [] 4 0 obj
/Rotate 0 /Annots [] 66. >> PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General /MediaBox [0 0 612 792] Section 13(b) of the FTC Act, 15 U.S.C. 3601, et seq. 25 0 obj
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/Type /Pages Does the courts have ability to enforce what you are requesting? relief pursuant to Chapter 86, Florida Statutes. endobj /Contents [346 0 R 347 0 R 348 0 R] 41. Allied is the nation's second largest waste hauling and disposal company. << 44. PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief endobj PDF COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF - NSB Anglers Yacht /Rotate 0 COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. 36. Statutes & Constitution :View Statutes : Online Sunshine APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. 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. /Parent 9 0 R endobj 15 0 obj /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] /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] state of Florida in 1925 and yet again in 1943, under the legislative powers granted to the Florida legislature under the 1885 Constitution of the State of Florida. 64 0 obj 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. /Type /Page 7.) Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? /Contents [250 0 R 251 0 R 252 0 R] The extension ofvote-by-mail options and other accommodations at polling places is necessary. >> x1 04) F&`/MFWxC. 0000000592 00000 n
47. /Rotate 0 The transactions likely will have the following effects, among others: 1. /Parent 7 0 R /Type /Page >> /Annots [] 68. 14. 25. 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. endobj /Resources 353 0 R 11. /Type /Page /Annots [] << 18 0 obj /CropBox [0 0 612 792] /Resources 101 0 R /MediaBox [0 0 612 792] Therefore, it should not be a decision made lightly. << 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. After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. >> 68 0 obj /MediaBox [0 0 612 792] "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. 25 0 obj 49 0 obj To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. /Rotate 0 << /Type /Page 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . /Resources 157 0 R >> /MediaBox [0 0 612 792] /Rotate 0 endobj << &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id /Contents [290 0 R 291 0 R 292 0 R] 2 0 obj /Type /Page /Rotate 0 /MediaBox [0 0 612 792] /Parent 12 0 R /CropBox [0 0 612 792] /Resources 297 0 R /Parent 7 0 R (ECF No. %%EOF
/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] /Type /Page >> /Rotate 0 In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. xref
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. >> 1391(c). /Contents [394 0 R 395 0 R 396 0 R] /Parent 8 0 R /Parent 13 0 R 18. /Contents [298 0 R 299 0 R 300 0 R] stream
An official website of the United States government. 2201-202, and . This is an action for injunctive and declaratory relief, costs, damages, attorney's fees, penalties, and other available statutory relief, pursuant to the Florida Deceptive and Unfair . Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). endobj 60 0 obj PDF Complaint for Emergency Injunctive and Declaratory Relief << 69 0 obj << /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] 4 0 obj /Contents [222 0 R 223 0 R 224 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. 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 $25 million. EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. JFIF C Professional Services Industry Legal Blog>. /Rotate 0 /Parent 13 0 R
#%$""!&+7/&)4)! /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Count 10 7. h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< /Type /Page <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
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/MediaBox [0 0 612 792] /Resources 245 0 R /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 53 0 obj /Parent 8 0 R /Annots [] There are immediate expenditures necessary. /Resources 113 0 R endobj /Parent 10 0 R /Parent 13 0 R There may be disclosure of confidential information such as trade secrets. 26. /Rotate 0 /Resources 121 0 R >> 22 0 obj There are no good substitutes for MSW disposal. /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. /Parent 11 0 R 47 0 obj %PDF-1.3
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79 0 obj >> /Type /Page The Corps' environmental analysis for this project is based on the same assumptions and /Parent 10 0 R endobj /Annots [] /MediaBox [0 0 612 792] 12 0 obj /Annots [] PDF COMPLAINT FOR INJUNCTIVE RELIEF - archive.org /MediaBox [0 0 612 792] /Resources 249 0 R 89 0 obj /Annots [] /MediaBox [0 0 612 792] /Contents [170 0 R 171 0 R 172 0 R] << 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. /Rotate 0 /Parent 11 0 R /Parent 10 0 R /Count 10 /Parent 9 0 R /Annots [] 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. 56 0 obj /Annots [] Should you request a temporary injunction or push quickly for final permanent injunction. endobj endstream
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/Resources 117 0 R /MediaBox [0 0 612 792] >> /MediaBox [0 0 612 792] << << "New York City, NY area" means the Borough of Brooklyn, New York. 45 0 obj /CropBox [0 0 612 792] PDF Complaint for Injunctive and Other Relief and Demand for Jury Trial I did not involve a claim for declaratory relief. /Contents [310 0 R 311 0 R 312 0 R] << /Type /Page /MediaBox [0 0 612 792] /Annots [] << /Resources 281 0 R /Parent 8 0 R ( /Type /Pages endstream
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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. Rather, its about dealing with the future, not something that happened in the past. << /Annots [] /Type /Page >> /Contents [286 0 R 287 0 R 288 0 R] 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. 17 0 obj /Parent 4 0 R /Count 10 /MediaBox [0 0 612 792] hUN@h/%FT""[email protected]?{"1zQ. >> /MediaBox [0 0 612 792] 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. /Annots [] 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. 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. 27. /CropBox [0 0 612 792] Alexdex. /Parent 10 0 R /Contents [342 0 R 343 0 R 344 0 R] "Anderson, IN area" means the City of Anderson and Madison County, Indiana. endobj %%EOF
<< PDF United States District Court Southern District of Florida Case No /Contents [234 0 R 235 0 R 236 0 R] 0000000016 00000 n
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A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . endobj 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. /Annots [] /MediaBox [0 0 612 792] /Parent 12 0 R /Resources 213 0 R
/Rotate 0 /Rotate 0 Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. 29. /Annots [] Copyright 2008-2023 Jimerson Birr, P.A. 33. Omega SA v. The Individuals, Business Entities, and Unincorporated /Resources 137 0 R 4. /Parent 8 0 R /Contents [270 0 R 271 0 R 272 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. In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. >> ( /CropBox [0 0 612 792] /Parent 7 0 R >> /Parent 13 0 R ]\q( $QSRP@=8`) $CC16 PI_ XL Garcia controll ed the MJ Companies prior to their going into receivership. /Contents [130 0 R 131 0 R 132 0 R] /Parent 12 0 R United States District Court Southern District of Florida endobj 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . 2322 0 obj<>stream
endobj - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. /MediaBox [0 0 612 792] /Annots [] /CropBox [0 0 612 792] 13 0 obj /Rotate 0 Plaintiff filed this action against defendant for breaching a non-competition agreement. endobj >> /MediaBox [0 0 612 792] >> 16 0 obj In 1999, Allied reported total revenues of approximately $6 billion. /Parent 11 0 R /Contents [382 0 R 383 0 R 384 0 R] /Contents [218 0 R 219 0 R 220 0 R] /Type /Page Plaintiff is a Florida resident, lives in Miami- Dade County, is sui juris, and qualifies of a protected class under the ADA, 42 U.S.C. the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes ("FDUTPA"), which authorizes the State of Florida to seek, and the Court to order, permanent injunctive relief, recission or reformation of contracts, consumer restitution, the refund of monies /Rotate 0 /Resources 397 0 R 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. endobj PDF Complaint for Injunctive Relief, Damages, /Resources 405 0 R << << 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; Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. << /Type /Page endobj << endobj
/CropBox [0 0 612 792] 5. 34 0 obj /Resources 337 0 R PDF United States District Court Middle District of Florida Tampa Division >> 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. /Rotate 0 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. 0
<< endobj endobj 20. >> 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. << hbbd`b`rfb`gb`
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/Resources 269 0 R PDF Complaint for injunction and declaratory relief /Parent 7 0 R /CropBox [0 0 612 792] 8 0 obj VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. /Contents [202 0 R 203 0 R 204 0 R] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 60. /Annots [] /Type /Page 94 0 obj Republic is engaged in providing waste collection and disposal services throughout the United States.