/Type /Page /Type /Page Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /Count 79 /Parent 14 0 R JURISDICTION AND VENUE 13. The Corps' environmental analysis for this project is based on the same assumptions and On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). 55 0 obj 18 0 obj /Annots [] >> << /Annots [] /Rotate 0 /Parent 9 0 R /CropBox [0 0 612 792] /Rotate 0 /Parent 9 0 R /Type /Page /Parent 13 0 R >> 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. 56. 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. 0000003135 00000 n
( /Parent 9 0 R endobj /Resources 265 0 R /Count 10 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. ( /MediaBox [0 0 612 792] /Contents [246 0 R 247 0 R 248 0 R] 94 0 obj << /Parent 13 0 R ( /Annots [] 2201-202, and . /Parent 12 0 R 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). . /Contents [374 0 R 375 0 R 376 0 R] /Annots [] 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt /MediaBox [0 0 612 792] 40. /Annots [] /Parent 13 0 R H*23430P AsKN$r{(s
83.40 et seq. >> /Resources 213 0 R There are immediate expenditures necessary. <<14CA263718F8354CB34DA495C0495A29>]>>
<< 35. /Parent 8 0 R /MediaBox [0 0 612 792] In the Macon, GA area, the acquisition would reduce from two to one the number of significant firms that compete in the collection of small container commercial waste. /Resources 409 0 R endobj << <>>>
#%$""!&+7/&)4)! 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." 20. /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 /Parent 11 0 R /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Contents [402 0 R 403 0 R 404 0 R] 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. /Type /Page /CropBox [0 0 612 792] /MediaBox [0 0 612 792] >> ( Suing for an injunction in Florida is all about preserving the status quo. This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. /Type /Page Allied is the nation's second largest waste hauling and disposal company. /Annots [] 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. 7402(a) to prevent such conduct. JFIF C endobj
/Rotate 0 /Parent 8 0 R /Rotate 0 /MediaBox [0 0 612 792] endobj This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. /Parent 11 0 R A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . /Type /Page /Resources 229 0 R 6 0 obj /MediaBox [0 0 612 792] >>
PDF Verified Second Amended Complaint for Injunctive and Declaratory Relief /Rotate 0 41. /CropBox [0 0 612 792] /MediaBox [0 0 612 792]
Complaint for Injunctive Relief and Damages for Breach of /MediaBox [0 0 612 792] /Contents [242 0 R 243 0 R 244 0 R] "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. /Contents [378 0 R 379 0 R 380 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. /Contents [178 0 R 179 0 R 180 0 R] >> endobj 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. << /Resources 237 0 R << /Resources 217 0 R /Type /Page /Type /Page Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. 88 0 obj /Annots [] /Parent 7 0 R /Resources 297 0 R endobj >> >> /Annots [] /Type /Page /Contents [394 0 R 395 0 R 396 0 R]
2018 to May 6, 2021. /CropBox [0 0 612 792] >> /Contents [294 0 R 295 0 R 296 0 R] /MediaBox [0 0 612 792] /Type /Page
/Type /Page 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. ( 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. %PDF-1.5
%
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] /Contents [306 0 R 307 0 R 308 0 R] /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] .t. /Parent 8 0 R In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. endobj >> << /Annots [] >> 11. /CropBox [0 0 612 792]
;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; /Type /Page /Rotate 0 /ModDate (D:20220824143048-04'00') endobj /MediaBox [0 0 612 792] /Resources 353 0 R /CropBox [0 0 612 792] 56 0 obj >> >> << /Rotate 0 /Parent 11 0 R .+p>hPhb4yiK=c`/XOv@|fe`iY
>> 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. Allied and Republic directly compete in the disposal of waste in a number of markets nationwide, including the Anderson, IN; New York City, NY; and Macon, Georgia areas. Haulers organize their commercial accounts into routes, and collect and transport the MSW generated by these accounts in vehicles uniquely well suited for small container waste collection -- primarily front-end loader ("FEL") trucks. <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>>
/MediaBox [0 0 612 792] 3 0 obj "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. 64. /Annots [] 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. /Resources 369 0 R << Garcia is a resident of North Lauderdale, Fl orida. /Contents [270 0 R 271 0 R 272 0 R] /CropBox [0 0 612 792] prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. 27. /Parent 8 0 R 2320 0 obj<>
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Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. Defendants Allied and Republic collect municipal solid waste from residential, commercial, and industrial customers, and they own and operate transfer stations, landfills, and incinerators, which process and dispose of municipal solid waste. /Type /Page /Length 1411 /Parent 8 0 R /MediaBox [0 0 612 792] 4. /Rotate 0 << Is there any vagueness, or is everything extremely clear? /Resources 313 0 R Plaintiff complains and alleges as follows: 1. /Resources 333 0 R 6. stream
In the event of a small but significant increase in the price of the disposal of MSW in the Anderson, IN or New York City, NY areas, haulers of MSW generated in each area would not turn to disposal facilities outside their area. 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. endobj /Parent 7 0 R endobj /MediaBox [0 0 612 792] /Annots [] /Parent 9 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. /CropBox [0 0 612 792] /Parent 14 0 R /Resources 145 0 R 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. << /Contents [134 0 R 135 0 R 136 0 R] Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. /Annots [] /Type /Page >> endobj /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] 22 0 obj /Type /Page 1. /Annots []
PDF Complaint for injunction and declaratory relief endobj 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. (
PDF Florida Small Claims Rules Annotated 2020 - The Florida Bar PDF Complaint for Permanent Injunction and Other Equitable Relief 7 0 obj endobj /Annots [] /Resources 193 0 R 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 $22 million. hbbd`b`rfb`gb`
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/Annots [] /Type /Page ( 46 0 obj 74 0 obj Section 13(b) of the FTC Act, 15 U.S.C. /MediaBox [0 0 612 792] endobj /Annots [] /Contents [310 0 R 311 0 R 312 0 R] 37 0 obj judgment, and preliminary and permanent injunctive relief and damages. 1114 Trademark Infringement . /MediaBox [0 0 612 792] >> ( In addition, a FEL or REL vehicle cannot be efficiently driven long distances without collecting significant amounts of MSW, which makes it economically impractical for a small container commercial waste collection firm to serve metropolitan areas from a distant base. /Type /Page ( xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC MSW has physical characteristics that readily distinguish it from other liquid or solid waste. /CropBox [0 0 612 792] /CropBox [0 0 612 792] endobj /Rotate 0 45 0 obj << Secure .gov websites use HTTPS stores and restaurants). Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. 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. /Parent 14 0 R Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] D. Entry Into Commercial Waste Collection of MSW. /S /D In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /Resources 133 0 R 23 0 obj ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. /Contents [114 0 R 115 0 R 116 0 R] It is engaged in providing waste collection and disposal services throughout the United States. /Parent 4 0 R /Rotate 0 startxref
Does the temporary injunction preserve the Status Quo or does it make a change? >> 54 0 obj 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. /Parent 4 0 R . /Resources 289 0 R 65. /Type /Page ( 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. Microsoft Word - 2022-08-24 - Complaint - FINAL /Resources 305 0 R /CropBox [0 0 612 792] 51. 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. /Type /Page An individual commercial customer typically generates substantially more MSW than a residential customer. Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing Unless the twelve acquisitions are enjoined, consumers of waste collection and disposal services will likely pay higher prices and receive fewer services as a consequence of the elimination of the vigorous competition between defendants Allied and Republic. 95 0 obj 23. 61. /Parent 12 0 R 4 0 obj "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. /Contents [162 0 R 163 0 R 164 0 R] /Nums [0 6 0 R] /Rotate 0 >> /CropBox [0 0 612 792] Roll-off haulers typically deal with larger waste volumes from a single customer for which disposal costs constitute a greater percentage of the total revenue received for the service. /CropBox [0 0 612 792] << endobj
/Rotate 0 /MediaBox [0 0 612 792] 4. /Rotate 0 In the Columbus, OH area, the proposed acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste. /Contents [142 0 R 143 0 R 144 0 R] REPUBLIC SERVICES, INC., 110 S.E. 45. 33 0 obj /Resources 101 0 R /Type /Page After the acquisition, Allied would control over 50 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $31 million. 21-81099-CIV-CANNON/Reinhart . /Parent 7 0 R
United States District Court Southern District of Florida << /Type /Page Thus, small container commercial 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. /Resources 393 0 R endobj /Contents [282 0 R 283 0 R 284 0 R] /Parent 7 0 R 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 ( 47. 80 0 obj 25 0 obj
<>
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The cost advantage of local landfills limits the areas where MSW can be economically transported and disposed of by haulers and creates localized markets for MSW disposal services. /CropBox [0 0 612 792] /Contents [166 0 R 167 0 R 168 0 R] 1 0 obj
/Pages 4 0 R >> /Rotate 0 /CropBox [0 0 612 792] "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. /Resources 317 0 R ( /Rotate 0 /Annots [] Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /Type /Page /Annots [] /Annots [] /Contents [110 0 R 111 0 R 112 0 R] /Rotate 0 /MediaBox [0 0 612 792] /Contents [238 0 R 239 0 R 240 0 R] /MediaBox [0 0 612 792] /Annots [] /Annots [] 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. /Annots [] The City changed its name from "New <<
PDF Verified Complaint for Declaratory and Injunctive Relief 31. /Annots [] 27 0 obj endobj /CropBox [0 0 612 792] 19 0 obj endobj Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. /Parent 12 0 R /Parent 11 0 R /Rotate 0 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. 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 53. The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. /Contents [118 0 R 119 0 R 120 0 R] /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> 1391(c). /Parent 9 0 R /CropBox [0 0 612 792] GsYzQh50ee' 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. /Resources 129 0 R /Contents [382 0 R 383 0 R 384 0 R] JURISDICTION AND VENUE 2. <<
PDF United States District Court Southern District of Florida 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 321 0 R EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. /Resources 181 0 R endobj %
/Type /Page ( 2 0 obj
>> 92 0 obj That plaintiff recover the costs of this action. 77 0 obj ( /Resources 225 0 R
INTRODUCTION . In addition, Wilson traveled at least twice to Florida for work-related trips in 2019, including once to Miami and Tampa in or around the spring of 2019 and once to Orlando in or around November or December 2019. In the Clarksville, TN area, the acquisition would reduce from five to four the number of significant firms competing in the collection of small container commercial waste. >> ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . /Parent 12 0 R
PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General /Type /Page 39 0 obj /Resources 329 0 R /Type /Pages 14 0 obj << Firms that compete in the disposal of MSW can profitably increase their charges to haulers of MSW without losing significant sales to any other firms. /Type /Page After the acquisition, Allied would control over 40 percent and two firms would control over 65 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. 8 0 obj /Contents [154 0 R 155 0 R 156 0 R] /CropBox [0 0 612 792] /Rotate 0 /Annots [] 64 0 obj endobj << /Resources 173 0 R "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. 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. This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. /Contents [350 0 R 351 0 R 352 0 R] /Annots [] endobj 29. 32 0 obj /Contents [158 0 R 159 0 R 160 0 R] /Contents [342 0 R 343 0 R 344 0 R] 47 0 obj Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. 3. /Rotate 0 /CropBox [0 0 612 792] advance, Plaintiffs seek immediate declaratory and injunctive relief that directs Defendants to permit a designated representative of each affected candidate and political party into the recount room, as Florida law requires. endobj /Rotate 0 IV. >> /Type /Page THIS COURT'S POWER TO GRANT RELIEF 84. 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. 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. /Resources 269 0 R >> CASE NO. Markets in which the HHI is between 1000 and 1800 points are considered to be moderately concentrated, and those in which the HHI is in excess of 1800 points are considered to be highly concentrated. /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] The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. 35 0 obj For example, for a market consisting of four firms with shares of thirty, thirty, twenty, and twenty percent, the HHI is 2600 (302 + 302 + 202 + 202 = 2600). provide relief to all the individuals affected by APD's action. Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. /Contents [126 0 R 127 0 R 128 0 R]