complaint for injunctive relief florida

71 0 obj /CropBox [0 0 612 792] /Type /Page /CropBox [0 0 612 792] 0000006259 00000 n >> /Type /Page << clearly appears from specific facts shown by affidavit or by verified complaint that immediate or /CropBox [0 0 612 792] /Contents [390 0 R 391 0 R 392 0 R] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Contents [258 0 R 259 0 R 260 0 R] This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. /CropBox [0 0 612 792] hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream << >> /Resources 289 0 R endobj << >> COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. xref << /Kids [65 0 R 66 0 R 67 0 R 68 0 R 69 0 R 70 0 R 71 0 R 72 0 R 73 0 R 74 0 R] /Type /Page >> In exchange, pursuant to other agreements, Republic would acquire from Allied: disposal assets in Anderson, Indiana; hauling assets in Columbus, Ohio; hauling assets in Lakeland, Florida; hauling assets in Louisville, Kentucky and Sellersburg, Indiana; hauling and disposal assets in Macon, Georgia; and hauling assets in Monmouth, Burlington and Camden counties, New Jersey. /MediaBox [0 0 612 792] 22 and 28 U.S.C. /Type /Page endobj /Annots [] endobj /CropBox [0 0 612 792] /Contents [218 0 R 219 0 R 220 0 R] /Contents [98 0 R 99 0 R 100 0 R] << Does the temporary injunction preserve the Status Quo or does it make a change? /Rotate 0 /Type /Pages << Alexdex. 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. 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. /Type /Page 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. 29 0 obj Garcia controll ed the MJ Companies prior to their going into receivership. /CropBox [0 0 612 792] endobj ( /MediaBox [0 0 612 792] /Rotate 0 /Annots [] /CropBox [0 0 612 792] /Resources 393 0 R /Resources 109 0 R 54. /Resources 361 0 R Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . /Resources 329 0 R >> ]\q( $QSRP@=8`) $CC16 PI_ XL << << << 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). /CropBox [0 0 612 792] 0000006750 00000 n /Resources 345 0 R endobj The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. /Parent 14 0 R 46. /MediaBox [0 0 612 792] /Resources 369 0 R ( /Rotate 0 To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. /MediaBox [0 0 612 792] /Resources 301 0 R 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." 16. /Rotate 0 >> >> /Type /Page 55 0 obj endobj The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. endobj << The Anderson, IN and New York City, NY areas are therefore sections of the country, or relevant geographic markets, for purposes of analyzing the competitive effects of the acquisition under Section 7 of the Clayton Act. >> Firms that compete in the disposal of MSW can profitably increase their charges to haulers of MSW without losing significant sales to any other firms. Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. /MediaBox [0 0 612 792] "Anderson, IN area" means the City of Anderson and Madison County, Indiana. /Resources 333 0 R /Rotate 0 22. /Parent 8 0 R /MediaBox [0 0 612 792] DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. /Annots [] The cost advantage of local landfills limits the areas where MSW can be economically transported and disposed of by haulers and creates localized markets for MSW disposal services. (ECF No. /Count 10 /Resources 365 0 R /Annots [] << Does the injunction provide broad or limited relief? /Rotate 0 /Parent 7 0 R /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. << /Rotate 0 "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. /CropBox [0 0 612 792] >> /Rotate 0 /Parent 9 0 R 61. << endobj endobj 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 . Section 13(b) of the FTC Act, 15 U.S.C. 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. /Contents [174 0 R 175 0 R 176 0 R] 50 0 obj 6. 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. /MediaBox [0 0 612 792] /Rotate 0 Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 /Type /Page /Contents [154 0 R 155 0 R 156 0 R] /Resources 153 0 R << endstream endobj startxref 17. /Parent 9 0 R 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] << See Laws of Florida, Ch. /MediaBox [0 0 612 792] 15. /Annots [] /MediaBox [0 0 612 792] 3. << 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. endstream endobj /Type /Pages endobj /Contents [166 0 R 167 0 R 168 0 R] 63. endobj 45 0 obj /Parent 8 0 R << /CropBox [0 0 612 792] >> /CropBox [0 0 612 792] >> x+ | 49. /MediaBox [0 0 612 792] 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 13 0 R Does the courts have ability to enforce what you are requesting? << hear the plaintiff's claim for declaratory and injunctive relief because the plaintiff alleged an amount in controversy in excess of $15,000; which obviously, is due to the fact that . /Resources 97 0 R endobj For a number of reasons, landfills may not be located close to where the waste is generated. 10941 and Laws of Florida, Ch. 12 0 obj 38. MSW has physical characteristics that readily distinguish it from other liquid or solid waste. %%EOF 13. %PDF-1.3 % endobj /Kids [55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R 63 0 R 64 0 R] Haulers, therefore, generally establish garages and related facilities within each major local area served. 34. /Resources 297 0 R >> >> /Parent 4 0 R The acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste in the Monmouth County, NJ area. endobj /Rotate 0 /Rotate 0 /Parent 14 0 R /Rotate 0 The global coronavirus pandemic threatens to disrupt the Presidential /Rotate 0 /Type /Page #%$""!&+7/&)4)! 2 0 obj /Contents [278 0 R 279 0 R 280 0 R] /Kids [35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R] /Nums [0 6 0 R] /Parent 10 0 R /Filter /FlateDecode /Contents [262 0 R 263 0 R 264 0 R] endobj /MediaBox [0 0 612 792] _______/s/____________________ Donna E. Patterson Deputy Assistant Attorney General, _________/s/__________________ Constance K. Robinson Director of Operations and Merger Enforcement, ________/s/___________________ J. Robert Kramer II Chief, Litigation II Section, _________/s/__________________ Willie L. Hudgins Assistant Chief, Litigation II Section, ___________/s/________________ Arthur A. Feiveson IL Bar # 3125793, __________/s/_________________ Michael K. Hammaker DC Bar # 233684, __________/s/_________________ Chinita M. Sinkler MD Bar, U.S. Department of Justice Antitrust Division, Litigation II Section 1401 H Street, NW, Suite 3000 Washington, D.C. 20530 (202) 307-0924. ( /Contents [190 0 R 191 0 R 192 0 R] /Rotate 0 /Resources 401 0 R /Annots [] << did not involve a claim for declaratory relief. The acquisitions by Allied and Republic would remove a significant competitor in small container commercial waste collection service, roll-off waste collection service, and/or the disposal of MSW, in already highly concentrated and difficult-to-enter markets. /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] /CropBox [0 0 612 792] /Annots [] /Rotate 0 /Parent 14 0 R 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. %%EOF /Resources 193 0 R Professional Services Industry Legal Blog>. /MediaBox [0 0 612 792] 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. /Type /Page "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. /Contents [146 0 R 147 0 R 148 0 R] JURISDICTION AND VENUE 2. >> Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. << /MediaBox [0 0 612 792] D. P. et al., . /CropBox [0 0 612 792] 66 0 obj endobj /MediaBox [0 0 612 792] ( endobj 67 0 obj ( 14. /Parent 7 0 R /Parent 12 0 R "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. 1 0 obj 11. /Parent 11 0 R Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida. ( /Count 10 Allied and Republic directly compete in the disposal of waste in a number of markets nationwide, including the Anderson, IN; New York City, NY; and Macon, Georgia areas. endobj /Contents [406 0 R 407 0 R 408 0 R] It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. /Rotate 0 /Parent 10 0 R 11 0 obj CASE NO. The county court may issue a temporary and permanent injunction where appropriate for violation of ss. Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. endobj 22 0 obj 0000001994 00000 n In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. << /Parent 14 0 R /Type /Page /Annots [] "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. 2018 to May 6, 2021. /MediaBox [0 0 612 792] /Contents [118 0 R 119 0 R 120 0 R] /MediaBox [0 0 612 792] /Parent 11 0 R /PageLabels 3 0 R /Parent 10 0 R endobj 13 0 obj /Type /Page /Rotate 0 /Resources 185 0 R "Lakeland, FL area" means Polk County, Florida. h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< 59 0 obj Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. /MediaBox [0 0 612 792] After the acquisition, Allied would be a monopolist controlling over 98 percent of the small container Commercial waste hauling market, which has annual revenues of about $5 million. 25 0 obj <> endobj /Resources 285 0 R 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. "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. /Annots [] endobj 0000001149 00000 n %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr ( /Parent 10 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. Small Container Commercial Waste Collection Service. >> << >> 1391, . << endobj /Parent 10 0 R /Contents [290 0 R 291 0 R 292 0 R] THIS COURT'S POWER TO GRANT RELIEF 84. /Rotate 0 /Contents [162 0 R 163 0 R 164 0 R] ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; 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. /MediaBox [0 0 612 792] /Parent 4 0 R What happens if the temporary injunction is not granted? 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. This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. .+p>hPhb4yiK=c`/XOv@|fe`iY endobj An individual commercial customer typically generates substantially more MSW than a residential customer. /Type /Page /MediaBox [0 0 612 792] 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. The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. >> Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . 2. endobj Is there any vagueness, or is everything extremely clear? /Contents [354 0 R 355 0 R 356 0 R] >> >> /Resources 165 0 R /Rotate 0 /Type /Page << U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. 0000001469 00000 n /Parent 12 0 R $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream 69 0 obj In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. /Annots [] /CropBox [0 0 612 792] /Resources 385 0 R H*23430P AsKN$r{(s 15 0 obj /Rotate 0 _l {:\! 1391(c). /Parent 14 0 R 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. 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.

Matlab Subplot Label Rows And Columns, Texas Sports Youth Football League, Glasgow City Chambers Wedding Cost, 12th Engineer Battalion Dexheim W Germany, Articles C