It is engaged in providing waste collection and disposal services throughout the United States. /Parent 12 0 R MSW is generally transported by collection trucks to landfills and transfer stations, and the availability of disposal sites close to a hauler's routes is a major element that determines a hauler's competitiveness and profitability. /MediaBox [0 0 612 792] /Parent 10 0 R prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. /CropBox [0 0 612 792] /CropBox [0 0 612 792] Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. endobj 58 0 obj /Parent 12 0 R /Contents [166 0 R 167 0 R 168 0 R] endobj /Parent 11 0 R /MediaBox [0 0 612 792] 76 0 obj <>
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PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief PDF Complaint for Injunctive and Other Equitable Relief /Type /Page /Count 10 /Annots [] What happens if the temporary injunction is not granted? endobj
/Resources 389 0 R "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. /Contents [178 0 R 179 0 R 180 0 R] Often businesses do not consider the implications for taking this action. /MediaBox [0 0 612 792] In 1999, Allied reported total revenues of approximately $6 billion.
PDF United States District Court Southern District of Florida Case No endobj In each of these markets, the resulting substantial increase in concentration, loss of competition, and absence of reasonable prospect of significant new entry or expansion by market incumbents, ensures that consumers will pay substantially higher prices for collection of small container commercial waste, the collection of roll-off waste, or the disposal of MSW. 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. Suing for an injunction in Florida is all about preserving the status quo. /Type /Page << /Contents [278 0 R 279 0 R 280 0 R] << %PDF-1.4
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25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. 18. /CropBox [0 0 612 792] /Parent 9 0 R << 49 0 obj >> This action is brought to 0000002929 00000 n
(ECF No. /CropBox [0 0 612 792] /Resources 109 0 R 8. 20. 0
/Type /Page << /CropBox [0 0 612 792] /Resources 185 0 R The county court may issue a temporary and permanent injunction where appropriate for violation of ss. /Parent 8 0 R INTRODUCTION . ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. /Rotate 0 /Contents [158 0 R 159 0 R 160 0 R] /CropBox [0 0 612 792] 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.
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/Annots [] << endobj 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. >> /Resources 285 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. /Contents [334 0 R 335 0 R 336 0 R] /Contents [98 0 R 99 0 R 100 0 R] /Type /Page 9. 12. /Contents [310 0 R 311 0 R 312 0 R]
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COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . endobj /Resources 253 0 R /MediaBox [0 0 612 792] endstream
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PDF COMPLAINT FOR PERMANENT INJUNCTION - United States Department of Justice 26 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. endobj %
45 0 obj /Type /Page 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). 45. /Type /Page MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. 20 0 obj /MediaBox [0 0 612 792] xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh
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K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 /Annots [] 23. Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. /Annots [] /Rotate 0 36 0 obj 59. /Rotate 0 /Rotate 0 /Annots [] 50. 55. /Annots [] << To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. 34 0 obj /Resources 309 0 R /Type /Pages This is a must-watch video before you consider whether to sue for injunction. /Parent 12 0 R /Type /Page /CropBox [0 0 612 792] 4. << hb```"FN%n010pKsg``Z ^^@Y"bL38/4F `}
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70 0 obj /Contents [382 0 R 383 0 R 384 0 R] /MediaBox [0 0 612 792] 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. 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. << /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Resources 397 0 R There may be disclosure of confidential information such as trade secrets. 0000001275 00000 n
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[email protected]?{"1zQ. /Parent 12 0 R
PDF Verified Complaint for Damages and Injunctive Relief /Type /Page (ECF No. Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. /Rotate 0 /Type /Pages /Rotate 0 /MediaBox [0 0 612 792] /CropBox [0 0 612 792]
Omega SA v. The Individuals, Business Entities, and Unincorporated /Parent 13 0 R stream
/Contents [182 0 R 183 0 R 184 0 R] 68. 0000001641 00000 n
"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. 52.
PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General JacqmeinV /CropBox [0 0 612 792] /CropBox [0 0 612 792] The extension of vote-by-mail options and other accommodations at polling places is necessary. /Annots [] After the acquisition, Allied would be a monopolist controlling over 98 percent of the small container Commercial waste hauling market, which has annual revenues of about $5 million. endobj See Laws of Florida, Ch. 95 0 obj /Contents [150 0 R 151 0 R 152 0 R] 17 0 obj ( /Annots [] Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. /Resources 337 0 R /Contents [206 0 R 207 0 R 208 0 R] 31 0 obj 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 $25 million. endobj /Resources 369 0 R 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . JURISDICTION AND VENUE 1. /Resources 149 0 R These differences mean that small container commercial waste collection firms can profitably increase their charges for small container commercial waste collection services without losing significant sales or revenues to firms engaged in the provision of other types of waste collection services. /Annots [] Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. 1391(c). 92 0 obj WEST PALM BEACH DIVISION . ( >> 35. << /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 75 0 obj /Parent 12 0 R /CreationDate (D:20220824140929-04'00') xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC ( endobj /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. In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. Should you request a temporary injunction or push quickly for final permanent injunction. >> endobj On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). 66. /Annots [] /Filter /FlateDecode (2001). In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . 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. /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] 33. EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. 59 0 obj 55 0 obj endobj REPUBLIC SERVICES, INC., 110 S.E. Anderson, IN and New York City, NY are two such areas. endobj "Lakeland, FL area" means Polk County, Florida. Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. 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. /Resources 153 0 R <<
PDF Complaint for Injunctive Relief, Damages, /CropBox [0 0 612 792] << The next step is careful preparation before the temporary injunction hearing. /Type /Page 2 0 obj
Small container commercial waste collection services are generally provided in highly localized areas because to operate efficiently and profitably, a hauler must have sufficient density in its commercial waste collection operations; i.e., a large number of commercial accounts that are reasonably close together. /Parent 4 0 R << The United States is entitled to injunctive relief under 26 U.S.C. /Subtype /XML /Resources 137 0 R 10 0 obj /Annots [] /Rotate 0 << /Type /Catalog /Contents [254 0 R 255 0 R 256 0 R] /Type /Page /CropBox [0 0 612 792] ( endstream
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Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. << /Parent 10 0 R hb```f`` $V30 1;oO_Ia`sF!gbl!O| `
/Type /Page << /Type /Page 11. /Rotate 0 (Compl . /Contents [258 0 R 259 0 R 260 0 R] 54. D. P. et al., . /CropBox [0 0 612 792] >> >> /MediaBox [0 0 612 792] /Resources 209 0 R
/MediaBox [0 0 612 792] /Type /Page /Contents [194 0 R 195 0 R 196 0 R] VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. /MediaBox [0 0 612 792] << /Parent 13 0 R /Type /Page /Annots [] endstream
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Deciding Whether to Sue for Injunction, and What is the Process to << 1391, . /CropBox [0 0 612 792] /Parent 8 0 R As such, following the process to the tee will help improve your chances for success. Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. >> There are no good substitutes for MSW disposal. ( << JURISDICTION AND VENUE 2. and Florida Statute 86.011, et seq. 62. /Contents [234 0 R 235 0 R 236 0 R] endobj /Resources 197 0 R /CropBox [0 0 612 792] endobj /Type /Page 74 0 obj /Resources 157 0 R /Contents [126 0 R 127 0 R 128 0 R] << <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>>
( /Resources 301 0 R /Type /Page 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. K.A%aut\@Uaa[pVWnOe 3 0 obj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. /Annots [] >> /Contents [210 0 R 211 0 R 212 0 R] >> /Parent 4 0 R /Type /Pages stores and restaurants). /MediaBox [0 0 612 792] /Rotate 0 /Length 1411 Garcia controll ed the MJ Companies prior to their going into receivership. 7402(a) to prevent such conduct. The extension ofvote-by-mail options and other accommodations at polling places is necessary. 90 0 obj /CropBox [0 0 612 792] %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr 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 $17 million. 82 0 obj H*23430P AsKN$r{(s
/Parent 9 0 R /CropBox [0 0 612 792] /Resources 193 0 R >>
PDF United States District Court Southern District of Florida West Palm /Contents [214 0 R 215 0 R 216 0 R] /Rotate 0 stream
/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] << 6. /Annots [] Page 3 of 15 7. endobj ( 54 0 obj << /CropBox [0 0 612 792] /Resources 117 0 R Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. 88 0 obj THIS COURT'S POWER TO GRANT RELIEF 84. endobj << The customer's MSW is stored in much smaller containers (e.g., garbage bags or trash cans) and instead of FEL trucks, waste collection firms routinely use REL or side-load trucks, manned by larger crews (usually, two-or three-person teams). 7.) x+ |
The President of the United States and the Governor of Florida have each declared a state of emergency. /Annots [] endobj /Type /Metadata Allied is located in and transacts business in the District of Columbia, and Republic submits to the personal jurisdiction of the District of Columbia in this proceeding. /CropBox [0 0 612 792] /Resources 377 0 R >>
PDF Complaint for Injunctive Relief Representatives /MediaBox [0 0 612 792] /CropBox [0 0 612 792] << /Rotate 0 This is an action for injunctive and declaratory relief, costs, damages, attorney's fees, penalties, and other available statutory relief, pursuant to the Florida Deceptive and Unfair . 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief.
Statutes & Constitution :View Statutes : Online Sunshine << 5 0 obj << Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. <>>>
<< An individual commercial customer typically generates substantially more MSW than a residential customer. 65 0 obj << /CropBox [0 0 612 792] trailer
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Less frequently, haulers may use more maneuverable, but less efficient, rear-end loader ("REL") trucks, especially in those areas in which a collection route includes narrow alleyways or streets. 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. /Rotate 0 /MediaBox [0 0 612 792] /Resources 105 0 R >> >> endobj << /MediaBox [0 0 612 792] /Annots [] ( endobj /Resources 121 0 R Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. Defendant is defined as a "Public Accommodation" within meaning of Title III There are immediate expenditures necessary. 43 0 obj
Introduction Types of Injunctive Relief - The CLM >> 57. << 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. 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. 36. 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. >> /Rotate 0 /Annots [] 22408. << /MediaBox [0 0 612 792]
Complaint for Declaratory Relief in Florida - Trellis << 32 0 obj 23 0 obj /Resources 201 0 R /Type /Page US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. 22 and 28 U.S.C. /Rotate 0 judgment, and preliminary and permanent injunctive relief and damages. /Count 10 /Contents [374 0 R 375 0 R 376 0 R] 22 and 28 U.S.C. /Author (JacqmeinV) 88 0 obj<>stream
#%$""!&+7/&)4)! << /Resources 213 0 R Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /Type /Page 25. "New York City, NY area" means the Borough of Brooklyn, New York. 38. In the Norfolk, VA area, the acquisition would reduce from three to two the number of significant firms competing in the collection of small container commercial waste. /Resources 141 0 R Republic would thus be in a position to raise the disposal costs at the landfill and transfer stations which it would own to any new or existing roll-off collection competitor in the Macon, GA area. Injunctive relief is considered an extraordinary remedy in both State and Federal court.
PDF COMPLAINT FOR INJUNCTIVE RELIEF - archive.org >> /Type /Page APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . 26. In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. 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. /Contents [342 0 R 343 0 R 344 0 R] endobj (
PDF Florida Small Claims Rules Annotated 2020 - The Florida Bar
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