Tim Samaras Cause Of Death, Sable Bank Mobile Deposit, Myer Knox Opening Hours, Articles C

endobj relief pursuant to Chapter 86, Florida Statutes. 68 0 obj The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. /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] << K.A%aut\@Uaa[pVWnOe 22 and 28 U.S.C. /Annots [] /Parent 4 0 R 74 0 obj endobj << /Contents [286 0 R 287 0 R 288 0 R] /MediaBox [0 0 612 792] This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. /Resources 229 0 R endobj 4. If the major roll-off collection competitor in a market also controls the primary disposal site(s) therein, other roll-off competitors are at a large disadvantage and entry is difficult. /Resources 385 0 R /CropBox [0 0 612 792] /Annots [] /Parent 12 0 R >> %PDF-1.5 % endobj 76 0 obj COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . Charles B. Jimerson <> 67 0 obj Unless the twelve acquisitions are enjoined, consumers of waste collection and disposal services will likely pay higher prices and receive fewer services as a consequence of the elimination of the vigorous competition between defendants Allied and Republic. In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. endobj /Parent 11 0 R judgment, and preliminary and permanent injunctive relief and damages. endobj << /Contents [222 0 R 223 0 R 224 0 R] 24. /Parent 4 0 R endobj /Parent 12 0 R The length of the presentation is 46:09. 49 0 obj /Resources 213 0 R << /Annots [] /Parent 14 0 R << "Lakeland, FL area" means Polk County, Florida. /Parent 14 0 R /Parent 10 0 R 10 0 obj /CropBox [0 0 612 792] Page 3 of 15 7. /Resources 373 0 R /Type /Page >> "Small container commercial waste collection service" means the business of collecting MSW from commercial and industrial accounts, usually in "dumpsters" (i.e., a small container with one to ten cubic yards of storage capacity), and transporting or "hauling" such waste to a disposal site by use of a front-or rear-end loader truck. PDF Complaint for injunction and declaratory relief >> 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. "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. /Parent 14 0 R /Parent 10 0 R PDF Verified Second Amended Complaint for Injunctive and Declaratory Relief Often businesses do not consider the implications for taking this action. How long will the injunction be effective? /Rotate 0 /Parent 13 0 R 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. endobj 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. >> stream After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. 89 0 obj 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. 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). /Parent 12 0 R /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] 61 0 obj /CropBox [0 0 612 792] /Count 10 /Contents [342 0 R 343 0 R 344 0 R] 47. /Parent 11 0 R 59. >> << /Parent 11 0 R for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. 0000000817 00000 n >> ( /Parent 8 0 R /Rotate 0 /Parent 11 0 R /Resources 105 0 R /Annots [] /MediaBox [0 0 612 792] >> JacqmeinV Suing for an injunction in Florida is all about preserving the status quo. 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. What impact will it have on third-parties and employees? endobj /Contents [334 0 R 335 0 R 336 0 R] /Type /Page /Contents [234 0 R 235 0 R 236 0 R] Rather, its about dealing with the future, not something that happened in the past. /Resources 261 0 R /Contents [182 0 R 183 0 R 184 0 R] CASE NO. "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. PDF IN THE CIRCUIT COURT OF THE SECOND JUDICIAL - Florida Carry, Inc. 2. 37 0 obj COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. 12 0 obj /Type /Page 58. /Rotate 0 /Annots [] ( /Contents [354 0 R 355 0 R 356 0 R] /Contents [326 0 R 327 0 R 328 0 R] Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 /MediaBox [0 0 612 792] 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. /Type /Page /Parent 7 0 R /Parent 10 0 R 45. 2 0 obj 64 0 obj 52. 35 0 obj /MediaBox [0 0 612 792] /Resources 301 0 R /Type /Pages 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). << ( /CropBox [0 0 612 792] /Annots [] /Parent 9 0 R endobj PDF COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS PARTIES - The Wall Street PDF Florida Small Claims Rules Annotated 2020 - The Florida Bar /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Resources 321 0 R /MediaBox [0 0 612 792] Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. /Resources 329 0 R /CropBox [0 0 612 792] >> Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. 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. /Type /Page 25 0 obj <> endobj 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. << Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. Does the temporary injunction preserve the Status Quo or does it make a change? endobj endobj >> << 17. endobj /Rotate 0 endobj >> /Annots [] /Rotate 0 /Annots [] 29. Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. PDF Verified Complaint for Damages and Injunctive Relief Is the injunction prohibitory or mandatory? /Resources 241 0 R 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. ( EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. 2. endobj >> /Contents [382 0 R 383 0 R 384 0 R] endobj Local 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 areas can profitably increase charges to local customers without losing significant sales to more distant competitors. /Annots [] /CropBox [0 0 612 792] /Parent 10 0 R 0000003868 00000 n 9 0 obj Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. /MediaBox [0 0 612 792] >> 21 0 obj 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." >> On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). 40 0 obj >> 5.) Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? /MediaBox [0 0 612 792] /Type /Pages 36. 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. "Transfer station" means an intermediate disposal site, often used in more densely populated areas, for the processing and temporary storage of solid waste before transfer, in bulk, to more distant facilities for final disposal. Garcia is a resident of North Lauderdale, Fl orida. : 01-42230-BKC-AJC . /CropBox [0 0 612 792] /Contents [242 0 R 243 0 R 244 0 R] xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 7402(a) to prevent such conduct. /CropBox [0 0 612 792] /Type /Pages << Although, where available, MSW can be transported to distant landfills through transfer stations using large transfer trailer trucks, the use of transfer stations adds fixed transportation and processing costs. 6. >> 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. /Type /Page /Annots [] /Type /Page << In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . endobj /CropBox [0 0 612 792] /Parent 7 0 R /Contents [142 0 R 143 0 R 144 0 R] PDF Complaint for Injunctive Relief Representatives 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. /CropBox [0 0 612 792] 48 0 obj << /MediaBox [0 0 612 792] The extension of vote-by-mail options and other accommodations at polling places is necessary. /Contents [178 0 R 179 0 R 180 0 R] _l {:\! SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. 73 0 obj /CropBox [0 0 612 792] IV. /Annots [] ( >> stream Haulers, therefore, generally establish garages and related facilities within each major local area served. ( /Contents [318 0 R 319 0 R 320 0 R] Microsoft Word - 2022-08-24 - Complaint - FINAL /MediaBox [0 0 612 792] >> /Type /Page /MediaBox [0 0 612 792] /Parent 13 0 R /Filter /FlateDecode /Type /Page 0000003135 00000 n 14. 5. /Type /Page /Rotate 0 /Contents [110 0 R 111 0 R 112 0 R] After the acquisition, Allied would control over 35 percent--and two firms more than 80 percent--of the small container commercial waste hauling market, which has annual revenues of about $17 million. /MediaBox [0 0 612 792] << /MediaBox [0 0 612 792] >> << << 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. /Type /Page /Parent 13 0 R /Type /Page << For a number of reasons, landfills may not be located close to where the waste is generated. /Resources 405 0 R Complaint for Injunctive Relief . &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id endobj >> PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . /MediaBox [0 0 612 792] 8. << 58 0 obj (ECF No. /Parent 12 0 R >> /Contents [194 0 R 195 0 R 196 0 R] /Type /Page 63 0 obj 19. /Annots [] << If the major roll-off competitor in a market likewise precludes significant competition through the use of long-term customer contracts which automatically renew, entry by new competitors and growth from existing ones are further hindered. >> /MediaBox [0 0 612 792] >> << endobj In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. /Type /Page 61. 50. /Contents [174 0 R 175 0 R 176 0 R] 84 0 obj /Type /Page startxref 5. /Resources 397 0 R There are immediate expenditures necessary. Republic is engaged in providing waste collection and disposal services throughout the United States. /Annots [] 92 0 obj 44. >> hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` 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. /Count 10 /CropBox [0 0 612 792] 79 0 obj ( /MediaBox [0 0 612 792] Suitable landfills are difficult and time-consuming to obtain, and sometimes difficult to expand, because of the scarcity of suitable land, local resident opposition, environmental concerns, and government regulation. 2 0 obj This is an action for permanent injunctive relief, declaratory relief, and << 27 0 obj >> Plaintiff complains and alleges as follows: 1. %PDF-1.3 % << /Annots [] D. Entry Into Commercial Waste Collection of MSW. 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. /Resources 157 0 R /MediaBox [0 0 612 792] << 39. endobj (2001). /Contents [358 0 R 359 0 R 360 0 R] /Contents [270 0 R 271 0 R 272 0 R] In their waste collection and waste disposal businesses, defendants make sales and purchases in interstate commerce, ship waste in the flow of interstate commerce, and engage in activities substantially affecting interstate commerce. /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] Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. 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 . /Resources 345 0 R /MediaBox [0 0 612 792] 43 0 obj Section 13(b) of the FTC Act, 15 U.S.C. hbbd`b`rfb`gb` # 83.40 et seq. /Type /Pages >> 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. /Contents [362 0 R 363 0 R 364 0 R] /Rotate 0 ( >> 0000003404 00000 n /MediaBox [0 0 612 792] >> >> The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. . 11 0 obj 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. Share sensitive information only on official, secure websites. Secure .gov websites use HTTPS Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . ]\q( $QSRP@=8`) $CC16 PI_ XL Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit /Rotate 0 Rather, these are some additional factors to consider while determining the feasibility of this action: Will the court be able to enforce the injunction, or will it require intensive court supervision?