SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. /Type /Pages /Parent 13 0 R /Count 10 63 0 obj ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . /CropBox [0 0 612 792] There are no good substitutes for MSW disposal. endobj endstream endobj startxref /Type /Page Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for /Contents [342 0 R 343 0 R 344 0 R] Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. << 17. 1 0 obj >> 40. /Type /Page /Annots [] 27. >> 22 and 28 U.S.C. 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. /Resources 209 0 R /Resources 365 0 R /Type /Page /Parent 14 0 R /CropBox [0 0 612 792] >> /MediaBox [0 0 612 792] endobj 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. << << GsYzQh50ee' not /Rotate 0 /CropBox [0 0 612 792] In this presentation, Jimerson Birr AssociateAustin B. Calhouncovers 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. 22408. /MediaBox [0 0 612 792] /Resources 321 0 R In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. /S /D Alexdex. >> /MediaBox [0 0 612 792] 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. /Type /Page "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. 10 0 obj /Rotate 0 %%EOF /Type /Page /Annots [] endobj /Contents [382 0 R 383 0 R 384 0 R] >> /Parent 9 0 R >> /Resources 397 0 R 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. 7402(a) to prevent such conduct. <>>> 0000000016 00000 n /MediaBox [0 0 612 792] >> Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. A .gov website belongs to an official government organization in the United States. /Rotate 0 This is an action for injunctive relief. >> << 38. ( 1391, . endobj /Parent 11 0 R /CropBox [0 0 612 792] /Rotate 0 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. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050. endobj 84 0 obj 28 0 obj /Annots [] % 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 /Type /Page 5 0 obj << /Rotate 0 JacqmeinV endobj endobj << Managing Partner 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. Allied and Republic directly compete in small container commercial waste collection service in a number of markets nationwide, including the areas of: 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. /Rotate 0 << /Annots [] A new entrant into small container commercial waste collection service cannot provide a significant competitive constraint on the prices charged by market incumbents until it achieves minimum efficient scale and operating efficiencies comparable to existing firms. /Contents [270 0 R 271 0 R 272 0 R] 22 and 28 U.S.C. } !1AQa"q2#BR$3br The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. 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. >> 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. 35 0 obj >> That defendants' proposed sales of hauling assets 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, and defendants' proposed sales of MSW disposal assets in the Anderson, IN; Macon, GA and New York City, NY area markets be adjudged and decreed to be unlawful and in violation of Section 7 of the Clayton Act; 2. << /Type /Page 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. /Type /Page /Rotate 0 See Merger Guidelines 1.51. /Type /Page 37 0 obj The transactions likely will have the following effects, among others: 1. Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 /Rotate 0 /Annots [] ( /Contents [206 0 R 207 0 R 208 0 R] /Rotate 0 /CropBox [0 0 612 792] /CropBox [0 0 612 792] 0000003946 00000 n /Type /Page /Annots [] endobj 9 0 obj 95 0 obj endobj "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. /Resources 145 0 R Garcia is a resident of North Lauderdale, Fl orida. >> ( /CropBox [0 0 612 792] prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. /ModDate (D:20220824143048-04'00') An official website of the United States government. /Resources 361 0 R Allied is the nation's second largest waste hauling and disposal company. /Type /Page /Annots [] Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . The differences in size, type, and volumes of roll-off waste and the equipment used to collect it distinguish roll-off waste collection from all other waste collection services. >> COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. 25 0 obj <> endobj /Type /Page 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. /Type /Page 20. 81 0 obj << << INTRODUCTION . /Annots [] endobj /Resources 281 0 R ( Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. 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. Because of its characteristics (e.g. /Annots [] /Resources 97 0 R 4. for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. 31. /Parent 14 0 R Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. /Parent 9 0 R 49. EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. << What happens if the temporary injunction is not granted? JURISDICTION AND VENUE 13. Roll-off waste compactors are generally located at the site of the roll-off container, thereby permitting the customer to increase the container's on-site storage capacity. /CropBox [0 0 612 792] This form is a Complaint for Injunctive Relief and Damages. /Annots [] 64 0 obj /MediaBox [0 0 612 792] 92 0 obj %%EOF There could be a negative impact on the plaintiffs public image. 32 0 obj 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. /Resources 341 0 R >> /Resources 189 0 R endobj After the acquisition, Republic would control about 40 percent--and three firms over 75 percent--of the small container commercial waste hauling market, which has annual revenues of about $18 million. /Contents [314 0 R 315 0 R 316 0 R] 50. /Parent 11 0 R endobj &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id /Rotate 0 "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. /Contents [298 0 R 299 0 R 300 0 R] 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. xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. /MediaBox [0 0 612 792] /Type /Page /CropBox [0 0 612 792] 8 0 obj /Contents [266 0 R 267 0 R 268 0 R] 43. 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . << /Type /Page >> /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] Z( endobj Universities have sent students home, people are remaining in quarantine, poll workers are dropping out, and Supervisors of Elections have closed or moved 112 polling places in 22 counties, in many cases less than a week before the election. 57. /CropBox [0 0 612 792] << >> /CropBox [0 0 612 792] endobj 2320 0 obj<> endobj 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 [] 0000001149 00000 n /MediaBox [0 0 612 792] 12. /Type /Page /Rotate 0 2. /CropBox [0 0 612 792] >> 0000001852 00000 n /Contents [246 0 R 247 0 R 248 0 R] /Parent 13 0 R /Annots [] >> endobj /Rotate 0 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; /Annots [] endobj THIS COURT'S POWER TO GRANT RELIEF 84. How long will the injunction be effective? 66 0 obj /Annots [] /CropBox [0 0 612 792] /Annots [] Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing /Parent 12 0 R Is there any vagueness, or is everything extremely clear? /Type /Pages That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. /Type /Page 61 0 obj /MediaBox [0 0 612 792] This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. /MediaBox [0 0 612 792] For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. 76 0 obj Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. MSW has physical characteristics that readily distinguish it from other liquid or solid waste. 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 185 0 R 41. /Rotate 0 11. >> /CropBox [0 0 612 792] /Annots [] Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. /Contents [262 0 R 263 0 R 264 0 R] /Type /Page After the acquisition, Republic would control about 31 percent--and two firms over 80 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $24 million. /CropBox [0 0 612 792] H*23430P AsKN$r{(s /Type /Page stores and restaurants). /Resources 349 0 R >> 47. >> trailer /Contents [158 0 R 159 0 R 160 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. >> /Parent 7 0 R >> /Contents [182 0 R 183 0 R 184 0 R] /Type /Page /Rotate 0 /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] /Resources 405 0 R Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. /Resources 165 0 R ( /Contents [162 0 R 163 0 R 164 0 R]
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