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PDF Complaint for Emergency Injunctive and Declaratory Relief /Type /Page ( /Type /Page /CropBox [0 0 612 792] /Rotate 0 endobj 15. << 1391(c). /MediaBox [0 0 612 792]
( /Filter /FlateDecode >> /CropBox [0 0 612 792] 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. /Contents [198 0 R 199 0 R 200 0 R] endobj 9. >> /Annots [] endobj JURISDICTION AND VENUE 2. 95 0 obj /MediaBox [0 0 612 792]
PDF United States District Court Southern District of Florida West Palm /Count 9 53. /Contents [154 0 R 155 0 R 156 0 R] 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. _l {:\! This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. /CropBox [0 0 612 792] << /Rotate 0 Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /CropBox [0 0 612 792] 1331 and 1337. endobj /Contents [278 0 R 279 0 R 280 0 R] /Resources 245 0 R 63. << /Parent 11 0 R
PDF United States District Court Middle District of Florida Tampa Division endobj Charles B. Jimerson endobj There are no good substitutes for MSW disposal. /Contents [206 0 R 207 0 R 208 0 R] /Rotate 0 For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. The United States of America, acting under the direction of the Attorney General of the United States, brings this civil antitrust action to enjoin the acquisition of certain waste hauling and disposal assets by Defendants Allied Waste Industries, Inc. ("Allied") and Republic Services, Inc. ("Republic") and to obtain equitable relief and other relief as appropriate. << 86 0 obj /MediaBox [0 0 612 792] /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> 47 0 obj /Rotate 0 >> 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. /Contents [250 0 R 251 0 R 252 0 R] 0000003868 00000 n
>> 66. << endobj
/Annots [] << "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. /Resources 165 0 R /Rotate 0 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. 54 0 obj 63 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. Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. Microsoft Word - 2022-08-24 - Complaint - FINAL endobj 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. There may be disclosure of confidential information such as trade secrets. /Type /Page Parties 13. %PDF-1.5
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72 0 obj >> /Annots [] /Rotate 0 67 0 obj endobj /Resources 257 0 R /Contents [202 0 R 203 0 R 204 0 R] 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 [] On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). 80 0 obj /Rotate 0 Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . /Resources 113 0 R endobj 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. .t. << 94 0 obj /Contents [322 0 R 323 0 R 324 0 R] 84 0 obj /Parent 13 0 R >> 23. "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. /Kids [25 0 R 26 0 R 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R 33 0 R 34 0 R] 36 0 obj 26. >> Z( The transactions likely will have the following effects, among others: 1. Plaintiff LEAGUE OF WOMEN VOTERS OF FLORIDA ("LWVF" or the "League") is the Florida affiliate of the League of Women Voters of the United States. /CropBox [0 0 612 792] What impact will it have on third-parties and employees? >> 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. /Resources 293 0 R "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. 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. /Parent 10 0 R /Parent 9 0 R /Annots [] 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. >> Plaintiff filed this action against defendant for breaching a non-competition agreement. << << 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. /Parent 7 0 R 2 0 obj /CropBox [0 0 612 792] ( 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. Managing Partner provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. 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. 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. /Annots [] 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). /Rotate 0 DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. << Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. (
PDF In the Supreme Court of Florida Case No.: Sc11- Third District Case No /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 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. Alexdex. /Parent 12 0 R /Parent 7 0 R >> /CropBox [0 0 612 792] endobj /Rotate 0 endstream /Parent 11 0 R 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. M`5`i`F{qZ /Count 10 /Length 1411 endobj /Parent 8 0 R 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. 11 0 obj /Resources 361 0 R /Annots []
PDF Florida Small Claims Rules Annotated 2020 - The Florida Bar endobj This is an action for permanent injunctive relief, declaratory relief, and xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A
21. /Type /Page >> /Resources 317 0 R 91 0 obj /MediaBox [0 0 612 792] 49 0 obj The Corps' environmental analysis for this project is based on the same assumptions and << /CropBox [0 0 612 792] /Rotate 0 56 0 obj /CropBox [0 0 612 792] 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; endobj endobj 14. /Resources 97 0 R /Parent 11 0 R /PageLabels 3 0 R 50 0 obj /Parent 11 0 R How long will the injunction be effective? endstream 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.
Complaint for Emergency Injunctive Relief in Florida Primary >> "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. << /Rotate 0 4 0 obj 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 0
/Contents [114 0 R 115 0 R 116 0 R] In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? /Annots [] << /Parent 4 0 R /Resources 197 0 R ( Roll-off waste collection customers typically generate bulkier items of waste and/or substantially larger volumes of waste than residential or small container commercial waste customers from sources such as construction sites or industrial plants. Defendant is defined as a "Public Accommodation" within meaning of Title III /Type /Pages This is a must-watch video before you consider whether to sue for injunction. 18. /Resources 261 0 R /Rotate 0 %
Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. >> 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. While small container commercial waste collection typically involves a FEL truck making regular stops on pre-scheduled routes to empty numerous containers at multiple customer locations, roll-off waste collection is often performed on an "on-call" basis for customers whose waste is not part of any route. >> /CropBox [0 0 612 792] << 70 0 obj /Parent 8 0 R /Parent 4 0 R /MediaBox [0 0 612 792] /Author (JacqmeinV) /Contents [338 0 R 339 0 R 340 0 R] /MediaBox [0 0 612 792] ("MFS"), is a Florida corporation that has a principal place of . >> ( /Resources 273 0 R /Type /Page << /Rotate 0 49. ( /Resources 397 0 R The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. 64 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. "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. /MediaBox [0 0 612 792] 10941 and Laws of Florida, Ch. h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< /Contents [226 0 R 227 0 R 228 0 R] /Parent 13 0 R /MediaBox [0 0 612 792] >> stream
PDF United States District Court Southern District of Florida Case No 48. << 0000003135 00000 n
>> 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. /Annots [] /Rotate 0 /Resources 225 0 R COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . /Parent 12 0 R /Annots [] ( endobj << /Resources 193 0 R 6. Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. /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. See Merger Guidelines 1.51.
PDF Motion for Summary Judgment - Liberty Counsel In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. 9 0 obj << <>
Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts.
/MediaBox [0 0 612 792] /Type /Page 65. /Contents [134 0 R 135 0 R 136 0 R] /Resources 393 0 R >> << 13. JURISDICTION AND VENUE 13. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. /Parent 12 0 R >> 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. 52 0 obj /Rotate 0 Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit /Parent 7 0 R 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. "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. /Contents [402 0 R 403 0 R 404 0 R] 24 0 obj 0000000592 00000 n
"Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. endobj >> MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. 5. 0000001852 00000 n
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To access the presentation, visit YouTube or click play on the embedded image below. Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. 76 13
After the acquisition, Allied would control over 50 percent--and two firms more than 90 percent-- of the small container commercial waste hauling market, which has annual revenues of about $10 million. 39. hb```"FN%n010pKsg``Z ^^@Y"bL38/4F `}
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How to Obtain a Temporary (Preliminary) Injunction in Florida - Ewusiak Law /Annots [] 60. /MediaBox [0 0 612 792] /Type /Page Should you request a temporary injunction or push quickly for final permanent injunction. /Annots [] /CropBox [0 0 612 792] /CropBox [0 0 612 792] .+p>hPhb4yiK=c`/XOv@|fe`iY
3. >> /Resources 377 0 R /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Annots [] Each of these areas is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. Roll-off vehicles have no compaction system on board and are designed to carry only one large container at a time to a disposal site.
Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. >> Waste collection firms, or "haulers," collect MSW from residential, commercial and industrial establishments, and transport the waste to a disposal site, such as a transfer station, sanitary landfill or incinerator, for processing and disposal. 15 0 obj In 1999, Allied reported total revenues of approximately $6 billion. /MediaBox [0 0 612 792]
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22. /Rotate 0 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. /CropBox [0 0 612 792] << /Rotate 0 Although, where available, MSW can be transported to distant landfills through transfer stations using large transfer trailer trucks, the use of transfer stations adds fixed transportation and processing costs. 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. /CropBox [0 0 612 792] /Annots [] /Type /Page endobj 41 0 obj << /Annots [] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Type /Page endobj /Parent 10 0 R 93 0 obj
Temporary Injunction - Florida Litigation Guide PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General << 54. /CropBox [0 0 612 792] x1 04) F&`/MFWxC. /Type /Page 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 $25 million. 2201 a nd 2202. 0000001275 00000 n
( ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. /Annots [] /CropBox [0 0 612 792] This document is available in two formats: this web page (for browsing content) and. Preference Primary election in Florida. << 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. endobj /MediaBox [0 0 612 792] /Type /Page /Contents [158 0 R 159 0 R 160 0 R] Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. endobj /Contents [242 0 R 243 0 R 244 0 R] << 76 0 obj
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Deciding Whether to Sue for Injunction, and What is the Process to In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. /Parent 13 0 R /Type /Page /Parent 11 0 R This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. /CropBox [0 0 612 792] 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. "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. MSW has physical characteristics that readily distinguish it from other liquid or solid waste. 45 0 obj 5. 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. /Count 10 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 endobj This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. >> /Type /Page >> /Parent 8 0 R 19. /Rotate 0
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PDF Verified Complaint for Damages and Injunctive Relief /MediaBox [0 0 612 792] /Type /Page /CropBox [0 0 612 792] /Type /Page 4. /Count 10 << /S /D
Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. /Contents [194 0 R 195 0 R 196 0 R] /Parent 11 0 R Section 13(b) of the FTC Act, 15 U.S.C. Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. 35 0 obj endobj It is engaged in providing waste collection and disposal services throughout the United States. trailer
endobj endobj After the acquisition, Republic would control over 50 percent--and two firms over 80 percent-- of the small container commercial waste hauling market, which has annual revenues of about $29 million. /Rotate 0 << /MediaBox [0 0 612 792] /Resources 409 0 R /Type /Page /MediaBox [0 0 612 792] 23 0 obj In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. /Parent 12 0 R /Annots [] /Filter /FlateDecode /MediaBox [0 0 612 792]
Complaint for Declaratory Relief in Florida - Trellis provide relief to all the individuals affected by APD's action.