Aretes Por Mayoreo En Los Angeles, Field Club Membership Fees, Bradley County General Sessions Court, Articles C

/Rotate 0 << /CropBox [0 0 612 792] /Type /Page %PDF-1.6 /Rotate 0 /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) /Parent 7 0 R /CropBox [0 0 612 792] /Type /Page endobj 67 0 obj /Annots [] /Annots [] endobj 17. /Rotate 0 Official websites use .gov 73 0 obj /Resources 249 0 R << /MediaBox [0 0 612 792] << 0000003946 00000 n /CropBox [0 0 612 792] >> endobj /Rotate 0 << << Significant new entry into small container commercial waste collection service is difficult and time-consuming 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. /Parent 9 0 R 78 0 obj /Resources 265 0 R /Type /Page Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. >> /Resources 101 0 R /Type /Pages /Type /Page For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. /Resources 165 0 R 21. 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? 7.) /MediaBox [0 0 612 792] 30 0 obj 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. Complaint for Declaratory and Temporary and Permanent Injunctive Relief (the "Complaint"), which is incorporated herein by this reference.1 As shown in the Complaint, the HRO is null and void for failure to comply with Florida Statutes, the Jacksonville Ordinance Code, and the Rules of the Council of the City of Jacksonville. Therefore, its important to not consider it a tool for righting a wrong. /Resources 113 0 R /Annots [] ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . /Count 10 /MediaBox [0 0 612 792] 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. endobj Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. << 40 0 obj /Parent 14 0 R /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] /Parent 14 0 R Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. 45 0 obj /CropBox [0 0 612 792] /Contents [98 0 R 99 0 R 100 0 R] Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. endobj 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. /CropBox [0 0 612 792] SOUTHERN DISTRICT OF FLORIDA . 2320 0 obj<> endobj /Resources 337 0 R << /Parent 7 0 R >> What impact will it have on third-parties and employees? /CropBox [0 0 612 792] /Count 10 /Filter /FlateDecode /Resources 173 0 R /Contents [170 0 R 171 0 R 172 0 R] /Resources 305 0 R endobj endstream endobj startxref /CropBox [0 0 612 792] /MediaBox [0 0 612 792] 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. /Parent 7 0 R endobj /Resources 229 0 R The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. >> 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; /Type /Page % >> Due to the high costs of transporting MSW, and the substantial travel time to other disposal facilities based on distance, natural barriers, and congested roadways, haulers of MSW from the Anderson, IN and New York City, NY areas, respectively, are limited to transfer station disposal sites located in each of their local areas. 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. /Rotate 0 0 Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). /Resources 141 0 R /Type /Page 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 1 0 obj 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. /Type /Page /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] /Contents [290 0 R 291 0 R 292 0 R] << /Annots [] /Annots [] 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. << /Type /Page /CropBox [0 0 612 792] /MediaBox [0 0 612 792] 10941 and Laws of Florida, Ch. 1391(c). /Parent 13 0 R /MediaBox [0 0 612 792] >> 6. /Contents [270 0 R 271 0 R 272 0 R] C. Reduction in Competition As a Consequence of the Acquisition. >> /CropBox [0 0 612 792] Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. 56. 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 New York City, NY area, the acquisition would reduce from five to four the number of significant firms competing to dispose of commercial MSW. 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. trailer >> << /Parent 8 0 R COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. 22 and 28 U.S.C. << Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. /CropBox [0 0 612 792] ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; did not involve a claim for declaratory relief. /Creator (PScript5.dll Version 5.2.2) 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . << /Rotate 0 /Contents [302 0 R 303 0 R 304 0 R] 12 0 obj << "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. /Contents [202 0 R 203 0 R 204 0 R] endobj prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. >> 53. 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. /Resources 217 0 R << >> /Contents [250 0 R 251 0 R 252 0 R] >> for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. /Annots [] >> /MediaBox [0 0 612 792] There could be a negative impact on the plaintiffs public image. 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] Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . endobj On August 20, . /Annots [] 50. ( /MediaBox [0 0 612 792] H*23430P AsKN$r{(s % /MediaBox [0 0 612 792] /Contents [154 0 R 155 0 R 156 0 R] 5. 24. /Resources 109 0 R /Rotate 0 /MediaBox [0 0 612 792] /Type /Page /Annots [] << 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. /Parent 8 0 R There are no good substitutes for MSW disposal. endobj /Contents [314 0 R 315 0 R 316 0 R] endobj /Type /Page /Rotate 0 /Resources 401 0 R 53 0 obj 1331 and 1337. /Annots [] /Contents [210 0 R 211 0 R 212 0 R] %PDF-1.5 % /CropBox [0 0 612 792] /CropBox [0 0 612 792] 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. >> /Rotate 0 46 0 obj >> ( /Resources 329 0 R /Contents [162 0 R 163 0 R 164 0 R] /Parent 11 0 R /Parent 9 0 R >> In each of these markets, the resulting substantial increase in concentration, loss of competition, and absence of reasonable prospect of significant new entry or expansion by market incumbents, ensures that consumers will pay substantially higher prices for collection of small container commercial waste, the collection of roll-off waste, or the disposal of MSW. /Type /Page endobj 49. That plaintiff recover the costs of this action. endobj In the Nashville, TN area, the acquisition would reduce from three to two the number of significant firms competing in the collection of small container commercial waste. endobj /MediaBox [0 0 612 792] /Parent 7 0 R /Type /Page <> endobj /Resources 189 0 R /Resources 389 0 R To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. 34. /Rotate 0 84 0 obj 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. In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. /Resources 157 0 R /Type /Page 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. /Parent 4 0 R /Parent 13 0 R /Resources 169 0 R %PDF-1.5 >> "Nashville, TN area" means the City of Nashville and Davidson, Sumner, Williamson, Rutherford, Wilson, the southeastern part of Robertson, and the eastern part of Cheatham counties, Tennessee. /Resources 333 0 R The significant share of the roll-off collection market which Republic would have, its control of the primary disposal sites in the area, and its frequent use of long-term, automatically renewing contracts with roll-off collection customers, would make entry into the Macon, GA roll-off waste collection market difficult, and unlikely to prevent market incumbents from significantly raising prices for the collection of roll-off waste following the acquisition. 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. << /Contents [306 0 R 307 0 R 308 0 R] Does the courts have ability to enforce what you are requesting? /Annots [] << /CropBox [0 0 612 792] /Annots [] /Rotate 0 MSW has physical characteristics that readily distinguish it from other liquid or solid waste. >> Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? .t. /Rotate 0 endobj 1391, . /Contents [182 0 R 183 0 R 184 0 R] 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. >> << >> endobj 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. 16. Garcia controll ed the MJ Companies prior to their going into receivership. /Parent 8 0 R 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt 0000002992 00000 n /Rotate 0 55 0 obj endobj 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. << Thus, small container commercial 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. /CropBox [0 0 612 792] The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. /MediaBox [0 0 612 792] /Resources 341 0 R <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> /Length 3282 /Parent 12 0 R /Rotate 0 >> /CropBox [0 0 612 792] 23 0 obj <> endobj 28 0 obj <>/Filter/FlateDecode/ID[<2A277BAC2070266E6BF2C2060AD46B2B>]/Index[23 11]/Info 22 0 R/Length 49/Prev 24323/Root 24 0 R/Size 34/Type/XRef/W[1 2 1]>>stream This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. /Rotate 0 /Parent 12 0 R /Parent 9 0 R 45. /Contents [406 0 R 407 0 R 408 0 R] << /Annots [] /CropBox [0 0 612 792] 21 0 obj endobj /Contents [218 0 R 219 0 R 220 0 R] That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. /Contents [94 0 R 95 0 R 96 0 R] /Parent 14 0 R /CropBox [0 0 612 792] /Annots [] In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. 1 0 obj /Contents [102 0 R 103 0 R 104 0 R] (ECF No. /Type /Page endobj << /CropBox [0 0 612 792] /Parent 14 0 R 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. 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. 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. The acquisition would reduce from three to two the number of significant firms that compete in the collection of small container commercial waste in the Burlington and Camden Counties, NJ area. /Resources 205 0 R In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. /Parent 7 0 R /Type /Page Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. 10 0 obj not "Anderson, IN area" means the City of Anderson and Madison County, Indiana. /Annots [] /Contents [378 0 R 379 0 R 380 0 R] Copyright 2008-2023 Jimerson Birr, P.A. <> ( /Annots [] %%EOF 17 0 obj endobj /Type /Page xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. /MediaBox [0 0 612 792] 0000003868 00000 n /Resources 285 0 R /MediaBox [0 0 612 792] Charles B. Jimerson ( endobj << 83.40 et seq. /MediaBox [0 0 612 792] Injunctive relief is considered an extraordinary remedy in both State and Federal court. 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. endobj /CropBox [0 0 612 792] << Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. judgment, and preliminary and permanent injunctive relief and damages. 43 0 obj >> A temporary injunction is sought to stop a party from engaging in certain conduct or to require a party to engage in certain conduct until a final decision may be made concerning the merits of the dispute. /Count 10 >> /Resources 377 0 R . /Annots [] << On July 28 and October 7, 1999, Allied and Republic entered into separate asset purchase agreements in which they agreed to exchange certain waste-hauling and disposal assets. /Annots [] /Annots [] /Annots [] /CropBox [0 0 612 792] Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. << 0000001373 00000 n >> /Resources 137 0 R /CropBox [0 0 612 792] Z( This is an action for permanent injunctive relief, declaratory relief, and 56 0 obj 62 0 obj ("MFS"), is a Florida corporation that has a principal place of . /Resources 281 0 R endobj /Parent 10 0 R << /Rotate 0 0000000016 00000 n 4. Therefore, you should ask yourself these questions before proceeding: So, you answered the questions above, and you consider this to be the best approach to resolving your matter. 4. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> << /Resources 405 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 /Page 1114 Trademark Infringement . See Laws of Florida, Ch. Alexdex. A .gov website belongs to an official government organization in the United States. /Annots [] 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. 58 0 obj 15 0 obj /MediaBox [0 0 612 792] /Parent 11 0 R /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). 15. >> "Lakeland, FL area" means Polk County, Florida. "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. /Type /Page /Annots [] /Resources 129 0 R 59. 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. Does the injunction provide broad or limited relief? << /Contents [118 0 R 119 0 R 120 0 R] /Resources 261 0 R 8 0 obj 0000000817 00000 n >> endobj /Parent 8 0 R EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. 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. /Resources 309 0 R /Resources 133 0 R /CropBox [0 0 612 792] 2201-202, and . >> /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] JURISDICTION AND VENUE 2. 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. "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. 2. 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. /Contents [398 0 R 399 0 R 400 0 R] ( /Annots [] GsYzQh50ee' /Type /Page 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. /MediaBox [0 0 612 792] 80 0 obj 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. >> << /MediaBox [0 0 612 792] /Contents [338 0 R 339 0 R 340 0 R] } !1AQa"q2#BR$3br /Parent 9 0 R /Rotate 0 /MediaBox [0 0 612 792] /Resources 301 0 R >> 13. /Length 10 /CropBox [0 0 612 792] /Annots [] 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. Does the temporary injunction preserve the Status Quo or does it make a change? /Resources 245 0 R /CropBox [0 0 612 792] /Type /Page M`5`i`F{qZ 0000000879 00000 n /CreationDate (D:20220824140929-04'00') /Annots [] %%EOF /MediaBox [0 0 612 792] 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. << /Annots [] << and Florida Statute 86.011, et seq. APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . endobj /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] The President of the United States and the Governor of Florida have each declared a state of emergency. endobj /MediaBox [0 0 612 792] 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. hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream 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. /CropBox [0 0 612 792] 0000002929 00000 n provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` /MediaBox [0 0 612 792] >> /Rotate 0 /CropBox [0 0 612 792] Small container commercial service vehicles routinely employ compaction systems on the truck to increase storage capacity, and can empty numerous small containers located on a scheduled route before being driven to a disposal site. 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 the Columbus, OH area, the proposed acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste. 2201 a nd 2202. /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] /Contents [310 0 R 311 0 R 312 0 R] /Contents [350 0 R 351 0 R 352 0 R] /CropBox [0 0 612 792] 38 0 obj /Parent 14 0 R 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. /MediaBox [0 0 612 792] >> 47. The extension ofvote-by-mail options and other accommodations at polling places is necessary. endobj /Parent 7 0 R endobj /Count 10 92 0 obj /MediaBox [0 0 612 792] 82 0 obj /Parent 9 0 R /CropBox [0 0 612 792] /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] /Rotate 0 2322 0 obj<>stream This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. endobj << << 39. ( endobj /Resources 397 0 R /CropBox [0 0 612 792] /Annots [] 87 0 obj WEST PALM BEACH DIVISION . Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. 37 0 obj K.A%aut\@Uaa[pVWnOe ( 0000001317 00000 n ( "0A149;>>>%.DIC; C /Type /Page /Rotate 0 endobj 44. /MediaBox [0 0 612 792] 6th Street Ft. Lauderdale, FL 33301 Defendants. /CropBox [0 0 612 792] /Type /Page It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers.