complaint for injunctive relief floridais there sales tax on home improvements in pa

73 0 obj stream /Rotate 0 /Subtype /XML endobj 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. /Annots [] >> /CropBox [0 0 612 792] 7. >> << << Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. /Rotate 0 /Contents [274 0 R 275 0 R 276 0 R] ( >> 16 0 obj The transactions likely will have the following effects, among others: 1. /Contents [230 0 R 231 0 R 232 0 R] /Annots [] /MediaBox [0 0 612 792] Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. ( /Rotate 0 Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. 48 0 obj /Annots [] /CropBox [0 0 612 792] 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. /Resources 301 0 R Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . /CropBox [0 0 612 792] 57. The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. 56. >> endobj /Parent 12 0 R COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Resources 337 0 R /Contents [298 0 R 299 0 R 300 0 R] In the Anderson, IN and New York City, NY areas, entry by any new MSW disposal facility would be an extremely costly and time-consuming process, and unlikely to prevent market incumbents from significantly raising prices for the disposal of MSW following the acquisition. endobj << How long will the injunction be effective? /Resources 225 0 R /Contents [158 0 R 159 0 R 160 0 R] "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. << /Type /Pages >> endobj See Merger Guidelines 1.51. Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . /Type /Page /Annots [] ( /Rotate 0 After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /Type /Pages ( 8. Should you request a temporary injunction or push quickly for final permanent injunction. /Rotate 0 Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? 17 0 obj 4 0 obj This action is brought to "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. 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 117 0 R /Rotate 0 25 0 obj However, the incumbents' use of price discrimination and long-term contracts prevents new entrants from winning a large enough base of customers to achieve efficient routes in sufficient time to constrain the post-acquisition firm from significantly raising prices after the transaction. 0000003135 00000 n _l {:\! After the acquisition, Allied would control roughly 69 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $25 million. 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. A .gov website belongs to an official government organization in the United States. /Contents [174 0 R 175 0 R 176 0 R] 45], filed on August 192021, . /Type /Page 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. REPUBLIC SERVICES, INC., 110 S.E. 28 0 obj /Rotate 0 /Type /Page /Contents [306 0 R 307 0 R 308 0 R] 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. 9. /CropBox [0 0 612 792] 24 0 obj 40 0 obj 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. >> /Contents [126 0 R 127 0 R 128 0 R] 42. /Parent 10 0 R /MediaBox [0 0 612 792] /CropBox [0 0 612 792] endobj 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. 53 0 obj /Contents [186 0 R 187 0 R 188 0 R] This is an action for permanent injunctive relief, declaratory relief, and In the Lakeland, FL area, the acquisition would reduce from two to one the number of significant competitors in the collection of small container commercial waste. /Type /Pages /CropBox [0 0 612 792] ( /Contents [146 0 R 147 0 R 148 0 R] /MediaBox [0 0 612 792] /Type /Page % /Type /Page 30 0 obj /Resources 221 0 R /Parent 14 0 R /MediaBox [0 0 612 792] >> The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. 69 0 obj 21. /Annots [] endobj 52 0 obj Plaintiff complains and alleges as follows: 1. ( /CropBox [0 0 612 792] /Rotate 0 34 0 obj <> /Resources 325 0 R /CropBox [0 0 612 792] >> /Parent 8 0 R 0000000016 00000 n COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . endobj 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. 70 0 obj /Contents [214 0 R 215 0 R 216 0 R] /Type /Page /Annots [] 72 0 obj /CropBox [0 0 612 792] "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. /MediaBox [0 0 612 792] << %PDF-1.5 ( .+p>hPhb4yiK=c`/XOv@|fe`iY /Contents [166 0 R 167 0 R 168 0 R] This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. 32. ( /Annots [] 79 0 obj /MediaBox [0 0 612 792] /Contents [358 0 R 359 0 R 360 0 R] endobj /Rotate 0 endobj /CropBox [0 0 612 792] /Contents [226 0 R 227 0 R 228 0 R] "Louisville, KY/ Sellersburg, IN area" means the cities of Louisville, Kentucky and Sellersburg, Indiana; Jefferson County, Kentucky; and the parts of Floyd and Clark counties, Indiana abutting Jefferson County, Kentucky. 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. /Parent 8 0 R endobj /CropBox [0 0 612 792] Republic is engaged in providing waste collection and disposal services throughout the United States. <> >> >> In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. /Rotate 0 /Type /Metadata /Parent 13 0 R /Rotate 0 In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . /Rotate 0 Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] 0 To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. 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. Roll-off waste collection services are generally provided in localized areas because a roll-off truck cannot be efficiently or profitably driven significantly longer distances than those driven by a competitor to collect and dispose of the waste. endobj In 1999, Allied reported total revenues of approximately $6 billion. endobj 48. << 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. /CropBox [0 0 612 792] /Resources 185 0 R /Annots [] << Obtaining a permit to construct a new disposal facility or to expand an existing one is a costly and time-consuming process, which typically takes many years to conclude. << Thus, disposal of MSW is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisition under Section 7 of the Clayton Act. endstream endobj 29 0 obj <>stream /CropBox [0 0 612 792] /Resources 181 0 R US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. /Annots [] 26 0 obj /Rotate 0 Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. Annotations: Subsection (b) of the rule extends the Small Claims Rules to all claims for money or property, even when expressed or coupled with a claim for equitable relief. 10. >> >> /Type /Page 67 0 obj This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. 2201-202, and . ( /Resources 305 0 R /Count 79 >> Z( If the major roll-off collection competitor in a market also controls the primary disposal site(s) therein, other roll-off competitors are at a large disadvantage and entry is difficult. << /MediaBox [0 0 612 792] Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. << /Contents [322 0 R 323 0 R 324 0 R] /Type /Page /Contents [234 0 R 235 0 R 236 0 R] The global coronavirus pandemic threatens to disrupt the Presidential "New York City, NY area" means the Borough of Brooklyn, New York. /Annots [] endobj JURISDICTION AND VENUE 1. /Resources 265 0 R In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. 18. /MediaBox [0 0 612 792] /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] /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] endobj /Contents [250 0 R 251 0 R 252 0 R] /Rotate 0 /MediaBox [0 0 612 792] 58 0 obj /Parent 13 0 R 63. Often businesses do not consider the implications for taking this action. /CropBox [0 0 612 792] /Rotate 0 /Parent 12 0 R /CropBox [0 0 612 792] >> /CropBox [0 0 612 792] /CropBox [0 0 612 792] >> /MediaBox [0 0 612 792] JacqmeinV /Annots [] and Florida Statute 86.011, et seq. endobj 38 0 obj /Contents [98 0 R 99 0 R 100 0 R] /CropBox [0 0 612 792] Noncompete Agreements: Protecting Referral Relationships as Legitimate Business Interests, Hiring for Florida Banks and Credit Unions: A Summary of Background Checks and Other Information Required to Comply With Various Regulatory Schemes. >> 2. /Annots [] /Parent 4 0 R 0000001317 00000 n In this presentation, Jimerson Birr Associate Austin B. Calhoun covers 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. COMPLAINT FOR INJUNCTIVE, DECLARATORY RELIEF, AND DAMAGES Plaintiff, STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS sues Defendant, TODD TEAL d/b/a WALTER A. SMITH, SNUFFY SMITH, (TEAL) and alleges: NATURE OF THE ACTION 1. << /CropBox [0 0 612 792] << /Annots [] /Annots [] 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. Official websites use .gov /Resources 377 0 R /Parent 14 0 R /Parent 4 0 R >> WEST PALM BEACH DIVISION . /Contents [266 0 R 267 0 R 268 0 R] endobj /Contents [394 0 R 395 0 R 396 0 R] #%$""!&+7/&)4)! /CropBox [0 0 612 792] /Parent 12 0 R Suing for an injunction in Florida is all about preserving the status quo. /Resources 205 0 R /Annots [] << /Parent 11 0 R /Resources 273 0 R /Type /Page 65 0 obj /Annots [] << 24. /Contents [282 0 R 283 0 R 284 0 R] /Parent 7 0 R Therefore, its important to not consider it a tool for righting a wrong. << 0000006750 00000 n /Type /Page endobj endobj << ( 87 0 obj /Rotate 0 /Contents [374 0 R 375 0 R 376 0 R] /Contents [290 0 R 291 0 R 292 0 R] /S /D On a typical small container commercial waste collection route, an operator drives a FEL vehicle to the customer's container, engages a mechanism that grasps and lifts the container over the front of the truck, and empties the container into the vehicle's storage section, where the waste is compacted and stored. /Resources 333 0 R 0000000592 00000 n /Rotate 0 << "0A149;>>>%.DIC; C /Annots [] 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 << << /Parent 11 0 R /Type /Page >> 75 0 obj /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 89 0 obj 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. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Rotate 0 /CropBox [0 0 612 792] 0000001149 00000 n /CropBox [0 0 612 792] 31 0 obj <>stream /CropBox [0 0 612 792] /Type /Page /Type /Page Section 13(b) of the FTC Act, 15 U.S.C. After the acquisition, Allied would control over 35 percent--and two firms more than 80 percent--of the small container commercial waste hauling market, which has annual revenues of about $17 million. /Type /Page In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /Rotate 0 endobj /Parent 7 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. endobj /Type /Page The President of the United States and the Governor of Florida have each declared a state of emergency. endobj /Contents [198 0 R 199 0 R 200 0 R] "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. 22408. /Resources 153 0 R After the acquisition, Allied would control over 40 percent--and two firms would control over 80 percent--of the small container commercial waste hauling market, which has annual revenues of about $8 million. xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 <<14CA263718F8354CB34DA495C0495A29>]>> /Parent 10 0 R In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. 0000001994 00000 n /Parent 11 0 R /Rotate 0 /Parent 8 0 R 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] /Resources 261 0 R 6. /MediaBox [0 0 612 792] Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit /Annots [] /Type /Page 0000000817 00000 n MSW has physical characteristics that readily distinguish it from other liquid or solid waste. /Contents [222 0 R 223 0 R 224 0 R] /Annots [] 5. /Rotate 0 /Resources 121 0 R /MediaBox [0 0 612 792] An individual commercial customer typically generates substantially more MSW than a residential customer. 32 0 obj /MediaBox [0 0 612 792] >> /Count 10 4 0 obj 66 0 obj << /MediaBox [0 0 612 792] endobj Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. 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. /Rotate 0 "MSW" means municipal solid waste, a term of art used to describe solid putrescible waste generated by households and commercial establishments such as retail stores, offices, restaurants, warehouses, and non-manufacturing activities in industrial facilities. 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. /Parent 12 0 R /MediaBox [0 0 612 792] endobj Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. 49 0 obj PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . 55. Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. 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. xref /CropBox [0 0 612 792] 5.) /MediaBox [0 0 612 792] /Type /Page /Type /Pages >> /MediaBox [0 0 612 792] << /CropBox [0 0 612 792] >> 85 0 obj << /Length 3282 /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Type /Pages "Small container commercial waste collection service" means the business of collecting MSW from commercial and industrial accounts, usually in "dumpsters" (i.e., a small container with one to ten cubic yards of storage capacity), and transporting or "hauling" such waste to a disposal site by use of a front-or rear-end loader truck. Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. endobj JURISDICTION AND VENUE 2. /Type /Page /Annots [] <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> << endobj /Type /Page << 59 0 obj Page 3 of 15 7. /Type /Page >> 15 0 obj ( 53. /Annots [] /Contents [398 0 R 399 0 R 400 0 R] The length of the presentation is 46:09. << /Rotate 0 << /Parent 8 0 R endobj VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. << endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream /Resources 173 0 R Secure .gov websites use HTTPS endstream endobj startxref %PDF-1.5 % JFIF C The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary (PPP) election in Florida, scheduled for tomorrow, March 17, 2020, and cause large-scale voter disenfranchisement falling hardest on communities of color and other historically vulnerable populations. /Type /Page endobj Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for 0000000879 00000 n << /Rotate 0 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. >> 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 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. ]\q( $QSRP@=8`) $CC16 PI_ XL 10941 and Laws of Florida, Ch. /Type /Page What impact will it have on third-parties and employees? 27 0 obj /Resources 409 0 R ( /Parent 11 0 R /Annots [] 62 0 obj ( 2018 to May 6, 2021. /Type /Page /Type /Page /MediaBox [0 0 612 792] 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. /Type /Pages /Rotate 0 ( /CropBox [0 0 612 792] /Type /Catalog << 43 0 obj /Rotate 0 endobj 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. /MediaBox [0 0 612 792] << 71 0 obj /Parent 12 0 R /Rotate 0 This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. /Resources 129 0 R /Contents [130 0 R 131 0 R 132 0 R] /Annots [] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Contents [314 0 R 315 0 R 316 0 R] This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. /CropBox [0 0 612 792] 67. /Rotate 0 /Resources 229 0 R /CropBox [0 0 612 792] 0000001641 00000 n /Contents [170 0 R 171 0 R 172 0 R] 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. 43. /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 329 0 R /Rotate 0 >> IV. /Annots [] 23. /Resources 245 0 R /Parent 9 0 R 39 0 obj /Type /Page Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages. 65. _______/s/____________________ Donna E. Patterson Deputy Assistant Attorney General, _________/s/__________________ Constance K. Robinson Director of Operations and Merger Enforcement, ________/s/___________________ J. Robert Kramer II Chief, Litigation II Section, _________/s/__________________ Willie L. Hudgins Assistant Chief, Litigation II Section, ___________/s/________________ Arthur A. Feiveson IL Bar # 3125793, __________/s/_________________ Michael K. Hammaker DC Bar # 233684, __________/s/_________________ Chinita M. Sinkler MD Bar, U.S. Department of Justice Antitrust Division, Litigation II Section 1401 H Street, NW, Suite 3000 Washington, D.C. 20530 (202) 307-0924. endobj Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida.

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