/MediaBox [0 0 612 792] >> /Parent 13 0 R /Parent 13 0 R clearly appears from specific facts shown by affidavit or by verified complaint that immediate or Plaintiff filed this action against defendant for breaching a non-competition agreement. EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. endobj /Resources 229 0 R /Annots [] /Contents [214 0 R 215 0 R 216 0 R] prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. /Annots [] << /Rotate 0 0000002235 00000 n /Rotate 0 /Type /Page /Annots [] /Rotate 0 VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. endobj M`5`i`F{qZ >> /Author (JacqmeinV) 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. << endobj >> /Rotate 0 After the acquisition, Allied would control over 55 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $28 million. ( >> 47. 9. << /Type /Page Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. /Annots [] In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. MSW has physical characteristics that readily distinguish it from other liquid or solid waste. 17 0 obj >> /Contents [118 0 R 119 0 R 120 0 R] #%$""!&+7/&)4)! /Rotate 0 /MediaBox [0 0 612 792] See Laws of Florida, Ch. 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. The differences in the types and volume of MSW collected and in the equipment used in collection distinguish small container commercial waste collection from all other types of waste collection activities. >> 35. /Rotate 0 In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. hbbd`b`rfb`gb` # 59 0 obj << 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . PDF United States District Court Middle District of Florida Tampa Division JURISDICTION AND VENUE 1. IV. /Type /Catalog /Type /Page /Annots [] /Type /Pages << 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. /Type /Page "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. /Annots [] 70 0 obj /Resources 301 0 R 85 0 obj 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. JURISDICTION AND VENUE 13. /Type /Page /Type /Page /Rotate 0 /Rotate 0 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. 17. /MediaBox [0 0 612 792] 24. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 42. Complaint for Injunctive Relief and Damages for Breach of /Annots [] /Annots [] /Annots [] /CropBox [0 0 612 792] provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. endobj /Type /Page H*23430P AsKN$r{(s 62 0 obj /CropBox [0 0 612 792] /Resources 125 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. /Resources 205 0 R /Annots [] /Type /Pages /Resources 133 0 R In the Albany, NY area, the proposed acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. >> 53. << 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. /CropBox [0 0 612 792] 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 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. /Annots [] >> Official websites use .gov >> } !1AQa"q2#BR$3br 11. /Contents [390 0 R 391 0 R 392 0 R] /CropBox [0 0 612 792] /Contents [154 0 R 155 0 R 156 0 R] /Annots [] 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. Deciding Whether to Sue for Injunction, and What is the Process to /CropBox [0 0 612 792] In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. Injunctive relief is considered an extraordinary remedy in both State and Federal court. An official website of the United States government. 0000002929 00000 n /Resources 349 0 R . <> /MediaBox [0 0 612 792] endobj trailer >> 18. /MediaBox [0 0 612 792] /Count 9 C. Reduction in Competition As a Consequence of the Acquisition. 6th Street Ft. Lauderdale, FL 33301 Defendants. /Resources 369 0 R /MediaBox [0 0 612 792] 0 >> /CropBox [0 0 612 792] 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . It is engaged in providing waste collection and disposal services throughout the United States. endobj The extension of vote-by-mail options and other accommodations at polling places is necessary. /CropBox [0 0 612 792] /Rotate 0 %%EOF /Resources 225 0 R PDF Verified Complaint for Damages and Injunctive Relief The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. /Parent 11 0 R /CropBox [0 0 612 792] /Parent 10 0 R /Resources 297 0 R Does the courts have ability to enforce what you are requesting? ( Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit /Annots [] COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . /Resources 333 0 R endobj 11 0 obj endobj << SOUTHERN DISTRICT OF FLORIDA . /Parent 4 0 R After the acquisition, Republic would control over 85 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. /Rotate 0 /CropBox [0 0 612 792] "New York City, NY area" means the Borough of Brooklyn, New York. 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. endobj endobj 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. 0000001536 00000 n /Resources 173 0 R /Type /Page Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. What happens if the temporary injunction is not granted? 0000001563 00000 n endobj DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. >> >> /Rotate 0 endobj Pursuant to the purchase agreements, Allied would acquire from Superior: hauling assets in Albany, New York; hauling assets in Augusta, Georgia; hauling assets in Memphis, Nashville and Clarksville, Tennessee; disposal assets in New York, New York; hauling assets in Norfolk, Virginia; and hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida. /MediaBox [0 0 612 792] /Parent 9 0 R endobj << ( /Resources 329 0 R /Contents [374 0 R 375 0 R 376 0 R] /Rotate 0 /MediaBox [0 0 612 792] /Resources 141 0 R ( "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. /Annots [] /CropBox [0 0 612 792] /Annots [] /CropBox [0 0 612 792] /Annots [] /Annots [] The Corps' environmental analysis for this project is based on the same assumptions and /Parent 14 0 R Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? 14. /Type /Page /Type /Page /Type /Page /Annots [] /Rotate 0 /Contents [354 0 R 355 0 R 356 0 R] >> endobj /Contents [366 0 R 367 0 R 368 0 R] endobj h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< << /Contents [290 0 R 291 0 R 292 0 R] 0000003868 00000 n PDF United States District Court Southern District of Florida West Palm 19 0 obj >> 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. endobj endobj /CropBox [0 0 612 792] _l {:\! In addition, a FEL or REL vehicle cannot be efficiently driven long distances without collecting significant amounts of MSW, which makes it economically impractical for a small container commercial waste collection firm to serve metropolitan areas from a distant base. << << /MediaBox [0 0 612 792] The county court may issue a temporary and permanent injunction where appropriate for violation of ss. /Parent 12 0 R In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. /Type /Page endobj 88 0 obj /Contents [338 0 R 339 0 R 340 0 R] << xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC /Annots [] 83.40 et seq. 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. endobj /Rotate 0 endobj /Resources 357 0 R Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. /Resources 241 0 R 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. /Resources 189 0 R /Parent 8 0 R /Type /Page /Parent 7 0 R /Contents [370 0 R 371 0 R 372 0 R] endobj <>>> /MediaBox [0 0 612 792] Roll-off vehicles have no compaction system on board and are designed to carry only one large container at a time to a disposal site. endobj /Rotate 0 >> >> /Contents [130 0 R 131 0 R 132 0 R] /Annots [] 4. ( Complaint for Declaratory Relief in Florida - Trellis /CropBox [0 0 612 792] /Type /Page >> Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing >> 41. The likely effect of these acquisitions is to substantially lessen competition and to tend to create a monopoly in interstate trade and commerce in violation of Section 7 of the Clayton Act. After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /Parent 13 0 R /CropBox [0 0 612 792] /Resources 293 0 R An individual commercial customer typically generates substantially more MSW than a residential customer. endobj /Parent 9 0 R Allied is the nation's second largest waste hauling and disposal company. >> /Resources 393 0 R /Parent 7 0 R This document is available in two formats: this web page (for browsing content) and. >> endobj WEST PALM BEACH DIVISION . endobj 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. /Type /Page /CropBox [0 0 612 792] << 76 0 obj <> endobj PDF Complaint for Emergency Injunctive and Declaratory Relief /MediaBox [0 0 612 792] endobj /Parent 4 0 R 40. /Type /Page /Resources 157 0 R endobj 84 0 obj %PDF-1.3 % /Parent 9 0 R /Type /Page /MediaBox [0 0 612 792] hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` /Parent 11 0 R endstream endobj startxref /Annots [] endobj /Type /Pages /Length 3282 /Parent 10 0 R /Resources 257 0 R 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 . /MediaBox [0 0 612 792] /Type /Pages /MediaBox [0 0 612 792] /Resources 181 0 R /Resources 169 0 R >> not ( In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. 23. 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. 52. 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 Omega SA v. The Individuals, Business Entities, and Unincorporated Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . /Filter /FlateDecode /Parent 9 0 R 5 0 obj See Merger Guidelines 1.51. /Type /Page xref /Contents [210 0 R 211 0 R 212 0 R] /CropBox [0 0 612 792] ? Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. /Parent 8 0 R Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. /Type /Page /Count 10 %PDF-1.5 % 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. /MediaBox [0 0 612 792] .t. endobj Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. 57. 55. /MediaBox [0 0 612 792] << << 22 0 obj See also Chapter 224.08, Special Acts of Florida, 1943. /Resources 309 0 R >> /MediaBox [0 0 612 792] /Contents [386 0 R 387 0 R 388 0 R] Professional Services Industry Legal Blog>. "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. 50 0 obj 31 0 obj /Annots [] /Resources 341 0 R << /Type /Pages 61. 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. << /Type /Page 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. /Resources 397 0 R /Rotate 0 ( (ECF No. 2. /Contents [322 0 R 323 0 R 324 0 R] /Contents [378 0 R 379 0 R 380 0 R] The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. << /Annots [] 69 0 obj PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General /Type /Page 82 0 obj /Type /Pages /Contents [362 0 R 363 0 R 364 0 R] /CropBox [0 0 612 792] << /Contents [254 0 R 255 0 R 256 0 R] /Contents [98 0 R 99 0 R 100 0 R] PDF Complaint for Injunctive and Other Relief and Demand for Jury Trial I /Type /Page /Parent 14 0 R 80 0 obj Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. 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. Complaint for Injunctive Relief . /Resources 233 0 R
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