/Type /Page /Resources 357 0 R "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. Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. /MediaBox [0 0 612 792] /Parent 9 0 R An individual commercial customer typically generates substantially more MSW than a residential customer. See Merger Guidelines 1.51. 32 0 obj /Resources 169 0 R Often businesses do not consider the implications for taking this action. ( Garcia is a resident of North Lauderdale, Fl orida. /Kids [15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R] 38. 91 0 obj In the Gulf Coast, FL area, the acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. << Plaintiff complains and alleges as follows: 1. "New York City, NY area" means the Borough of Brooklyn, New York. endobj /CropBox [0 0 612 792] 94 0 obj 28 0 obj endobj /Type /Page /Type /Page 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 $40 million. endobj Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. endobj >> 30 0 obj The HHI takes into account the relative size and distribution of the firms in a market and approaches zero when a market consists of a large number of firms of relatively equal size. /Type /Page /Resources 305 0 R /Resources 101 0 R 92 0 obj /Kids [45 0 R 46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R 54 0 R] << >> 1331 and 1337. /Parent 9 0 R << /Type /Pages "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. /Length 10 /Contents [390 0 R 391 0 R 392 0 R] << (PC) Carroll v. Vallejo Police Department, et al., No. 1:2023cv00004 >> >> Parties 13. /MediaBox [0 0 612 792] /ModDate (D:20220824143048-04'00') That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. JURISDICTION AND VENUE 2. 80 0 obj endobj Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. endobj state of Florida in 1925 and yet again in 1943, under the legislative powers granted to the Florida legislature under the 1885 Constitution of the State of Florida. >> ( /Rotate 0 2201-202, and . The United States is entitled to injunctive relief under 26 U.S.C. << "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. /Count 79 /Annots [] /Contents [346 0 R 347 0 R 348 0 R] /Resources 105 0 R << /MediaBox [0 0 612 792] /Annots [] /Contents [406 0 R 407 0 R 408 0 R] /Parent 4 0 R /Rotate 0 endobj 54. Allied is the nation's second largest waste hauling and disposal company. >> xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 >> /Parent 14 0 R << PDF COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF - NSB Anglers Yacht % 41. 3. To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. 73 0 obj /Type /Page 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. ( endobj >> Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. /Contents [146 0 R 147 0 R 148 0 R] /Parent 8 0 R PDF IN THE CIRCUIT COURT OF THE SECOND JUDICIAL - Florida Carry, Inc. /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) /Type /Page endobj /Type /Page << endobj The operator then drives the FEL truck to a disposal facility, such as a transfer station, landfill or incinerator, and empties the contents of the vehicle. /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. 1391, . /Parent 8 0 R /MediaBox [0 0 612 792] >> ( 0000001852 00000 n endobj >> 87 0 obj 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 . /Contents [154 0 R 155 0 R 156 0 R] The length of the presentation is 46:09. /Type /Pages startxref JURISDICTION AND VENUE 1. 29 0 obj 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 $22 million. Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. In the Augusta, GA area, the acquisition would reduce from three to two the number of significant competitors in the collection of small container commercial waste. Preference Primary election in Florida. >> Accordingly, injunctive relief ordering the extension of vote-by-mail options and other accommodations at polling places is necessary to protect the fundamental right to vote. /Contents [174 0 R 175 0 R 176 0 R] 60. 52. << /Annots [] /Parent 7 0 R /Annots [] /Type /Page In such instances, the waste is brought to a nearby transfer station where it is compacted and combined with other waste and then transported to a more distant permanent disposal site. /Annots [] Omega SA v. The Individuals, Business Entities, and Unincorporated endobj /Annots [] /Resources 361 0 R /Parent 14 0 R ( /PageLabels 3 0 R endobj /Parent 11 0 R 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. /Rotate 0 << /CropBox [0 0 612 792] << PDF Verified Second Amended Complaint for Injunctive and Declaratory Relief ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . /Parent 11 0 R 45 0 obj <<14CA263718F8354CB34DA495C0495A29>]>> Defendant is defined as a "Public Accommodation" within meaning of Title III ( The acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste in the Louisville, KY/Sellersburg, IN area. /Resources 137 0 R H*23430P AsKN$r{(s 18 0 obj /Contents [402 0 R 403 0 R 404 0 R] "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. 46 0 obj 0000002929 00000 n 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. /CropBox [0 0 612 792] 0000000592 00000 n Does the courts have ability to enforce what you are requesting? /Annots [] endobj Managing Partner /Rotate 0 << /Rotate 0 /Contents [238 0 R 239 0 R 240 0 R] << /Annots [] /Parent 8 0 R /Type /Page 52 0 obj /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Annots [] /Parent 4 0 R 5 0 obj /Rotate 0 /Contents [358 0 R 359 0 R 360 0 R] The roll-off container, when filled, is picked up by roll-off trucks, which are uniquely well suited for roll-off waste collection, and driven to a nearby disposal site, where the container's contents are disposed. /CropBox [0 0 612 792] /Parent 12 0 R 0 /Annots [] /CropBox [0 0 612 792] /Parent 14 0 R >> Amended Complaint "Motion") [ECF(the No. Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. /Pages 4 0 R /Resources 233 0 R 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. endobj 10941 and Laws of Florida, Ch. 83 0 obj In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. /Parent 9 0 R /MediaBox [0 0 612 792] /Resources 213 0 R 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 . %%EOF /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Annots [] ("MFS"), is a Florida corporation that has a principal place of . 24 0 obj Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. 81 0 obj It is engaged in providing waste collection and disposal services throughout the United States. /Contents [98 0 R 99 0 R 100 0 R] 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . >> 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). /MediaBox [0 0 612 792] /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] /MediaBox [0 0 612 792] >> Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. /Resources 349 0 R /Metadata 2 0 R /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. endstream endobj 29 0 obj <>stream 12. << 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. /Contents [186 0 R 187 0 R 188 0 R] 40 0 obj /Rotate 0 Republic is engaged in providing waste collection and disposal services throughout the United States. /Contents [342 0 R 343 0 R 344 0 R] /CropBox [0 0 612 792] /CropBox [0 0 612 792] This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. For a variety of reasons, other types of collection activities, such as roll-off containers (typically used for construction debris) and collection of liquid or hazardous waste, are also rarely combined with commercial waste collection activities. 31 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. See also Chapter 224.08, Special Acts of Florida, 1943. /Type /Page /Contents [394 0 R 395 0 R 396 0 R] /Parent 7 0 R 32. Page 3 of 15 7. << endobj << 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. /Annots [] /Rotate 0 >> /Type /Page /Rotate 0 << /Contents [230 0 R 231 0 R 232 0 R] Should you request a temporary injunction or push quickly for final permanent injunction. 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 0000000879 00000 n /Contents [102 0 R 103 0 R 104 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." /Parent 9 0 R /Parent 7 0 R competition generally in small container commercial waste collection service 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 will be lessened substantially; actual and potential competition between Allied and Republic in small container commercial waste collection service 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 will be eliminated; prices charged by 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 area markets will likely increase; competition generally in disposal of MSW in the Anderson, IN and New York City, NY area markets will be lessened substantially; actual and potential competition between Allied and Republic in disposal of MSW in the Anderson, IN and New York City, NY area markets will be eliminated; prices for disposal of MSW in the Anderson, IN and New York City, NY area markets likely will increase; competition generally in roll-off waste collection service in the Macon, GA area market will be lessened substantially; actual and potential competition between Allied and Republic in roll- off waste collection service in the Macon, GA area market will be eliminated; and. /MediaBox [0 0 612 792] /Creator (PScript5.dll Version 5.2.2) 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). endobj /Type /Page 10. /Contents [178 0 R 179 0 R 180 0 R] The global coronavirus pandemic threatens to disrupt the Presidential 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? 28. >> The President of the United States and the Governor of Florida have each declared a state of emergency.