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 /Resources 397 0 R /CropBox [0 0 612 792] /Resources 121 0 R 28. There may be disclosure of confidential information such as trade secrets. /Type /Page 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. That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. /Type /Page /Annots [] An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. 72 0 obj endobj endobj /Rotate 0 /MediaBox [0 0 612 792] /Rotate 0 << 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). In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. 31. x+ | /Rotate 0 /CropBox [0 0 612 792] /Parent 10 0 R 73 0 obj 24 0 obj /CropBox [0 0 612 792] 0000000592 00000 n /Contents [98 0 R 99 0 R 100 0 R] /Contents [394 0 R 395 0 R 396 0 R] 62. /Rotate 0 ( 0000001149 00000 n /MediaBox [0 0 612 792] << 91 0 obj 14 0 obj /CropBox [0 0 612 792] K.A%aut\@Uaa[pVWnOe /CropBox [0 0 612 792] In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. 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. 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 "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. /Type /Page Secure .gov websites use HTTPS /Resources 349 0 R /Rotate 0 3 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. /Type /Page xref EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. /Resources 301 0 R /Parent 13 0 R /Rotate 0 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 . /Parent 13 0 R This document is available in two formats: this web page (for browsing content) and. 50 0 obj 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. << /MediaBox [0 0 612 792] endobj << /Contents [390 0 R 391 0 R 392 0 R] ]\q( $QSRP@=8`) $CC16 PI_ XL C. Reduction in Competition As a Consequence of the Acquisition. In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. /Contents [190 0 R 191 0 R 192 0 R] /MediaBox [0 0 612 792] /Annots [] endobj 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). Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. << See also Chapter 224.08, Special Acts of Florida, 1943. /Resources 185 0 R ( endobj endobj The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. Does the temporary injunction preserve the Status Quo or does it make a change? M`5`i`F{qZ 0000000556 00000 n "Anderson, IN area" means the City of Anderson and Madison County, Indiana. 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. /Resources 305 0 R /Contents [210 0 R 211 0 R 212 0 R] /Rotate 0 /Resources 341 0 R /Rotate 0 /Contents [122 0 R 123 0 R 124 0 R] /MediaBox [0 0 612 792] 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. << /Resources 125 0 R /Annots [] >> /Rotate 0 /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] /Resources 173 0 R /MediaBox [0 0 612 792] In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. << >> 65. /Rotate 0 << 66 0 obj /Type /Page %PDF-1.4 % .t. Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? /Resources 109 0 R %%EOF 9 0 obj /Annots [] 17. /Resources 213 0 R 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. #%$""!&+7/&)4)! /CropBox [0 0 612 792] 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. /CropBox [0 0 612 792] Less frequently, haulers may use more maneuverable, but less efficient, rear-end loader ("REL") trucks, especially in those areas in which a collection route includes narrow alleyways or streets. hear the plaintiff's claim for declaratory and injunctive relief because the plaintiff alleged an amount in controversy in excess of $15,000; which obviously, is due to the fact that . (2001). /MediaBox [0 0 612 792] /Resources 373 0 R There are immediate expenditures necessary. 12 0 obj To access the presentation, visit YouTube or click play on the embedded image below. << Annotations: Subsection (b) of the rule extends the Small Claims Rules to all claims for money or property, even when expressed or coupled with a claim for equitable relief. Managing Partner The President of the United States and the Governor of Florida have each declared a state of emergency. 63 0 obj Should you request a temporary injunction or push quickly for final permanent injunction. /Annots [] << >> /Annots [] /CropBox [0 0 612 792] MSW does not include special handling waste (e.g., waste from manufacturing processes, regulated medical waste, sewage, and sludge), hazardous waste, or waste generated by construction or demolition sites. 5.) /Type /Page . /Type /Page Significant new entry into small container commercial waste collection service is difficult and time-consuming in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA areas. /Parent 12 0 R /MediaBox [0 0 612 792] 93 0 obj /CropBox [0 0 612 792] /Parent 11 0 R The next step is careful preparation before the temporary injunction hearing. /Resources 225 0 R << judgment, and preliminary and permanent injunctive relief and damages. /Rotate 0 H*23430P AsKN$r{(s This form is a Complaint for Injunctive Relief and Damages. >> /Annots [] endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream /Contents [138 0 R 139 0 R 140 0 R] stream Suing for an injunction in Florida is all about preserving the status quo. 78 0 obj /Type /Page 13 0 obj On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). /CropBox [0 0 612 792] /Annots [] 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] 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. endobj /Annots [] /Annots [] MSW generated by residential customers, on the other hand, is often collected by either local governments or by private haulers pursuant to contracts bid by, or franchises granted by, municipal authorities. 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. /Type /Page /Contents [102 0 R 103 0 R 104 0 R] /Rotate 0 CASE NO. /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] /Resources 161 0 R /Parent 4 0 R 48. %PDF-1.3 % /Annots [] /Rotate 0 88 0 obj endobj endobj 30 0 obj <>/Filter/FlateDecode/ID[<3860DCF29749FC4EACF121159FB5FA73><3860DCF29749FC4EACF121159FB5FA73>]/Index[25 7]/Info 24 0 R/Length 36/Prev 968458/Root 26 0 R/Size 32/Type/XRef/W[1 2 0]>>stream 7402(a) to prevent such conduct. 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? %%EOF /Resources 181 0 R 67 0 obj >> h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< /Contents [282 0 R 283 0 R 284 0 R] /Rotate 0 << /Parent 7 0 R The City changed its name from "New /Annots [] "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. There are no good substitutes for MSW disposal. 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. endobj /Parent 9 0 R
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