/Pages 4 0 R /CropBox [0 0 612 792] 2018 to May 6, 2021. /MediaBox [0 0 612 792] >> << >> >> >> 6th Street Ft. Lauderdale, FL 33301 Defendants. /CropBox [0 0 612 792] ( /Rotate 0 /MediaBox [0 0 612 792] Is there any vagueness, or is everything extremely clear? The next step is careful preparation before the temporary injunction hearing. /Resources 265 0 R "0A149;>>>%.DIC; C 0000001317 00000 n endobj 62 0 obj >> /Kids [35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R] /Annots [] What impact will it have on third-parties and employees? /CropBox [0 0 612 792] << This is a must-watch video before you consider whether to sue for injunction. >> /Type /Pages /Type /Page 25 0 obj /Annots [] << /Annots [] /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 205 0 R 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. ( endobj 0000002992 00000 n This document is available in two formats: this web page (for browsing content) and. /Contents [118 0 R 119 0 R 120 0 R] endobj /Rotate 0 endobj /Resources 305 0 R /MediaBox [0 0 612 792] This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. /Contents [394 0 R 395 0 R 396 0 R] xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. /Rotate 0 14. 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; 0000002929 00000 n 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. 24 0 obj 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. 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). >> 60. 41 0 obj 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. /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Resources 321 0 R /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) /Parent 14 0 R 0000000879 00000 n Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. /Annots [] /Resources 129 0 R Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. 16. /Contents [114 0 R 115 0 R 116 0 R] 37. /Resources 153 0 R /Annots [] /Parent 9 0 R >> EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. ( COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . /Rotate 0 endobj /Parent 10 0 R did not involve a claim for declaratory relief. /CropBox [0 0 612 792] /Parent 13 0 R >> << /MediaBox [0 0 612 792] endobj stores and restaurants). 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. /Type /Pages /CropBox [0 0 612 792] /Resources 117 0 R /Contents [234 0 R 235 0 R 236 0 R] /Resources 185 0 R /CropBox [0 0 612 792] . /Resources 109 0 R 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. 0000002235 00000 n /Annots [] /Annots [] % << /Type /Page 2201-202, and . /Annots [] >> /Resources 213 0 R /Rotate 0 /CropBox [0 0 612 792] 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. endobj /Type /Page /Annots [] 73 0 obj /Type /Page endobj /Parent 9 0 R endobj /CropBox [0 0 612 792] "New York City, NY area" means the Borough of Brooklyn, New York. /CropBox [0 0 612 792] endobj /Resources 225 0 R 51 0 obj 45], filed on August 192021, . 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 . /Annots [] /Resources 217 0 R endobj Preference Primary election in 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. /MediaBox [0 0 612 792] endobj %PDF-1.3 % /Parent 12 0 R /Count 10 } !1AQa"q2#BR$3br "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. 2 0 obj /Type /Page Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. << <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> >> $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! /Parent 14 0 R 0000000556 00000 n 50. 55. 9 0 obj 63. 0000003645 00000 n /Resources 229 0 R /Resources 373 0 R << 64 0 obj /Type /Page endobj Last updated on November 21, 2022. /Rotate 0 What happens if the temporary injunction is not granted? ( 40. /CropBox [0 0 612 792] 0000000016 00000 n 83.40 et seq. /Parent 9 0 R /Parent 4 0 R 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. >> U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. >> On February 10, 2023, the Court screened the 27 First Amended Complaint and dismissed it for failure to state a claim, with leave to amend within 28 thirty days. /Annots [] 64. << Does the courts have ability to enforce what you are requesting? /MediaBox [0 0 612 792] >> >> "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. >> /Resources 285 0 R /Parent 8 0 R /Parent 8 0 R /Annots [] /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] /Annots [] 53. 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. >> /Rotate 0 1 0 obj >> /Resources 313 0 R /Contents [386 0 R 387 0 R 388 0 R] /Contents [346 0 R 347 0 R 348 0 R] The City changed its name from "New 90 0 obj Transactions that increase the HHI by more than 100 points in highly concentrated markets presumptively raise antitrust concerns under the Horizontal Merger Guidelines issued by the U.S. Department of Justice and the Federal Trade Commission. %%EOF /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] << << %PDF-1.4 % Z( /CropBox [0 0 612 792] /Parent 8 0 R endobj 3 0 obj /Parent 8 0 R /CropBox [0 0 612 792] /Annots [] << << /Type /Page On residential routes, the crews generally hand-load the customer's MSW, typically by tossing garbage bags and emptying trash cans into the vehicle's storage section. 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 /CropBox [0 0 612 792] 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. x+ | << 6 0 obj 6. /Annots [] 59 0 obj /Contents [170 0 R 171 0 R 172 0 R] /MediaBox [0 0 612 792] 69 0 obj >> >> /Annots [] /Annots [] 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. Page 3 of 15 7. 28 0 obj /Rotate 0 .t. /Resources 245 0 R "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. /Parent 11 0 R /Parent 7 0 R /Contents [158 0 R 159 0 R 160 0 R] /Type /Page /Type /Page /Contents [250 0 R 251 0 R 252 0 R] 0000000016 00000 n /Annots [] /Parent 9 0 R The Anderson, IN and New York City, NY areas are therefore sections of the country, or relevant geographic markets, for purposes of analyzing the competitive effects of the acquisition under Section 7 of the Clayton Act. 4. endobj /Annots [] /Resources 101 0 R /Annots [] 25 0 obj <> endobj << /Rotate 0 In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . ( /Type /Page %%EOF /Nums [0 6 0 R] /Rotate 0 2. 39 0 obj Because of its characteristics (e.g. /Resources 201 0 R endobj /Annots [] 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . 0000003404 00000 n This form is a Complaint for Injunctive Relief and Damages. /CropBox [0 0 612 792] /Contents [398 0 R 399 0 R 400 0 R] /CropBox [0 0 612 792] /Annots [] 71 0 obj endobj << ( endobj >> endobj /Type /Page /Type /Page /Rotate 0 /Parent 10 0 R << In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. /Resources 169 0 R /Resources 261 0 R /Type /Page /Type /Page << 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. 2322 0 obj<>stream 0000001275 00000 n There may be disclosure of confidential information such as trade secrets. 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 66 0 obj 32 0 obj 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. 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. /MediaBox [0 0 612 792] 24. /Annots [] The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. JURISDICTION AND VENUE 1. /Resources 177 0 R /Length 10 /Annots [] /CropBox [0 0 612 792] endobj The proposed acquisition would reduce from four to three the number of significant firms that compete in small container commercial waste collection service in the Memphis, TN area. 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. /Annots [] /Annots [] /MediaBox [0 0 612 792] >> Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. endobj endobj /Parent 11 0 R /MediaBox [0 0 612 792] COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . /Rotate 0 /Resources 193 0 R Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. >> hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream /MediaBox [0 0 612 792] endobj hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. 4. /Contents [354 0 R 355 0 R 356 0 R] /Rotate 0 31. /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] /Rotate 0 /Parent 7 0 R /Contents [338 0 R 339 0 R 340 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. 0000001536 00000 n /CropBox [0 0 612 792] << /Rotate 0 /Parent 9 0 R endobj 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. /Count 10 /Contents [102 0 R 103 0 R 104 0 R] /Type /Page /Contents [362 0 R 363 0 R 364 0 R] /Parent 10 0 R 11. 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. /Rotate 0 REPUBLIC SERVICES, INC., 110 S.E. /MediaBox [0 0 612 792] 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. /Type /Page /MediaBox [0 0 612 792] not Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. /Rotate 0 Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. >> endobj 0000001852 00000 n >> Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. ( /Parent 8 0 R Republic is engaged in providing waste collection and disposal services throughout the United States. endobj 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. /Rotate 0 %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr /Resources 121 0 R /MediaBox [0 0 612 792] /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. endobj and Florida Statute 86.011, et seq. ( << /Parent 10 0 R /Filter /FlateDecode 1391, . Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. >> This is a civil action brought by the United States of America to enjoin defendant . M`5`i`F{qZ /Resources 317 0 R endobj 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. 67 0 obj /Type /Page /Rotate 0 1114 Trademark Infringement . /Rotate 0 0000001187 00000 n The extension of vote-by-mail options and other accommodations at polling places is necessary. /MediaBox [0 0 612 792] 31 0 obj /Contents [166 0 R 167 0 R 168 0 R] /Type /Page << 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. /Parent 13 0 R << /Parent 14 0 R Injunctive relief is considered an extraordinary remedy in both State and Federal court. /Rotate 0 >> /MediaBox [0 0 612 792] 42 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"). endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream 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. 21-81099-CIV-CANNON/Reinhart . 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. JURISDICTION AND VENUE 13. 92 0 obj /Rotate 0 2320 14 /Annots [] 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. /Type /Page /Rotate 0 /MediaBox [0 0 612 792] << x1 04) F&`/MFWxC. Microsoft Word - 2022-08-24 - Complaint - FINAL ( Copyright 2008-2023 Jimerson Birr, P.A. 67. 1391(c). Complaint for Injunctive Relief . In such instances, the waste is brought to a nearby transfer station where it is compacted and combined with other waste and then transported to a more distant permanent disposal site. How long will the injunction be effective? 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. << /Contents [230 0 R 231 0 R 232 0 R] Pursuant to the purchase agreements, Allied would acquire from Superior: hauling assets in Albany, New York; hauling assets in Augusta, Georgia; hauling assets in Memphis, Nashville and Clarksville, Tennessee; disposal assets in New York, New York; hauling assets in Norfolk, Virginia; and hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida. /Rotate 0 /Resources 197 0 R /Type /Page /Resources 165 0 R /Rotate 0 /Resources 297 0 R Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing That plaintiff recover the costs of this action. /Type /Page 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. /Resources 249 0 R VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. 2201 a nd 2202. Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? /CropBox [0 0 612 792] 49 0 obj 66. "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. endobj /Parent 11 0 R /Parent 14 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. The extension ofvote-by-mail options and other accommodations at polling places is necessary. endobj 19 0 obj /CropBox [0 0 612 792] endobj ( 26 0 obj startxref 69. << /Contents [210 0 R 211 0 R 212 0 R] /Contents [226 0 R 227 0 R 228 0 R] 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. /Contents [318 0 R 319 0 R 320 0 R] /Parent 7 0 R /Annots [] 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. /MediaBox [0 0 612 792] /Contents [154 0 R 155 0 R 156 0 R] For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. ( /Parent 12 0 R >> "Lakeland, FL area" means Polk County, Florida. endobj DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. Anderson, IN and New York City, NY are two such areas. _______/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.
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