endobj 59 0 obj 24. M`5`i`F{qZ endobj /Resources 245 0 R /Count 10 Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. 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. /Rotate 0 Does the courts have ability to enforce what you are requesting? Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. /Resources 105 0 R Z(
;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; 33 0 obj /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Contents [254 0 R 255 0 R 256 0 R] /Annots [] 15. >> /MediaBox [0 0 612 792] /CropBox [0 0 612 792] endobj << 22 and 28 U.S.C. 35. << MSW has physical characteristics that readily distinguish it from other liquid or solid waste. 0000001373 00000 n
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/Type /Page /Annots [] /Rotate 0 /Annots [] Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . If the major roll-off competitor in a market likewise precludes significant competition through the use of long-term customer contracts which automatically renew, entry by new competitors and growth from existing ones are further hindered. >> An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. /Annots [] /Resources 309 0 R 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. << 1 0 obj
68 0 obj >> >> That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. 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. /Parent 13 0 R stores and restaurants). 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. 2201-202, and . /Resources 221 0 R 69 0 obj 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. 70 0 obj /CropBox [0 0 612 792] /Parent 8 0 R ( "0A149;>>>%.DIC; C << /CropBox [0 0 612 792] ( C. Reduction in Competition As a Consequence of the Acquisition. /Parent 11 0 R /CropBox [0 0 612 792] 0000003868 00000 n
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. In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. >> The President of the United States and the Governor of Florida have each declared a state of emergency. /CropBox [0 0 612 792] 61 0 obj /Resources 349 0 R 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. >> 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. startxref
INTRODUCTION . /Rotate 0 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. The length of the presentation is 46:09. endobj /Rotate 0 << endobj : 01-42230-BKC-AJC . /Rotate 0 /Parent 4 0 R 27. /Parent 14 0 R Microsoft Word - 2022-08-24 - Complaint - FINAL /CropBox [0 0 612 792] /Parent 14 0 R << /Rotate 0 95 0 obj endstream
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/Parent 4 0 R A new entrant into small container commercial waste collection service cannot provide a significant competitive constraint on the prices charged by market incumbents until it achieves minimum efficient scale and operating efficiencies comparable to existing firms. /Parent 11 0 R ( /Annots [] >> 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. ( >> << 0000001275 00000 n
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. /Rotate 0 Amended Complaint "Motion") [ECF(the No. /MediaBox [0 0 612 792] The City changed its name from "New /Type /Metadata /Annots [] /Rotate 0 /Rotate 0 endobj 21-81099-CIV-CANNON/Reinhart . /Annots [] The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. /Contents [162 0 R 163 0 R 164 0 R] 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. /CropBox [0 0 612 792] /Contents [222 0 R 223 0 R 224 0 R] The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. endobj /Type /Pages /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Annots [] /Contents [394 0 R 395 0 R 396 0 R] 4 0 obj 1114 Trademark Infringement . This is a civil action brought by the United States of America to enjoin defendant . /Type /Page >> Official websites use .gov /Contents [234 0 R 235 0 R 236 0 R] >> /Contents [238 0 R 239 0 R 240 0 R] Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. /CropBox [0 0 612 792] For a number of reasons, landfills may not be located close to where the waste is generated. >> >> Suing for an injunction in Florida is all about preserving the status quo. 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 >> 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). /Annots [] /Type /Page /CropBox [0 0 612 792] /Annots [] /Resources 401 0 R Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. 1391(c). &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id endobj <>
/Type /Page /Annots [] /MediaBox [0 0 612 792] 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. /Annots []
Does the injunction provide broad or limited relief? 66 0 obj << /Type /Page 16 0 obj 20 0 obj As such, following the process to the tee will help improve your chances for success. /Rotate 0 There are no good substitutes for MSW disposal. 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 405 0 R /Type /Page /Type /Page /Metadata 2 0 R /Rotate 0 Last updated on November 21, 2022. 57. /MediaBox [0 0 612 792] 67 0 obj $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! /Annots [] /Rotate 0 This is a must-watch video before you consider whether to sue for injunction. /Type /Page "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 /Rotate 0 /Parent 8 0 R 57 0 obj >> 55 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. /Rotate 0 The county court may issue a temporary and permanent injunction where appropriate for violation of ss. /Resources 385 0 R /Type /Page 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. 46. hbbd`b`rfb`gb`
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/MediaBox [0 0 612 792] 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. >> In the New York City, NY area, the acquisition would reduce from five to four the number of significant firms competing to dispose of commercial MSW. /Parent 12 0 R COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . 34 0 obj << /Type /Page /Type /Page 47 0 obj 94 0 obj /Type /Page "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. 22. 77 0 obj 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. <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>>
/Annots [] ( /CropBox [0 0 612 792] /Rotate 0 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. endstream
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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. endobj /MediaBox [0 0 612 792]
This document is available in two formats: this web page (for browsing content) and. 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. "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. Professional Services Industry Legal Blog>. /Type /Page did not involve a claim for declaratory relief. endobj 4. /Type /Pages /Annots [] /Resources 321 0 R endobj /Parent 10 0 R (2001). /Resources 277 0 R /Resources 117 0 R 83.40 et seq. xref
In areas where it is not practical to construct and permit a landfill, it is necessary to put in a transfer station to get the waste to a more distant landfill. /MediaBox [0 0 612 792] 76 0 obj <>
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endobj << . /Contents [334 0 R 335 0 R 336 0 R] APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . 19. /CropBox [0 0 612 792] /Type /Page /Parent 11 0 R Is there any vagueness, or is everything extremely clear? 1. 0000003645 00000 n
/Parent 7 0 R In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. >> ( /Parent 14 0 R >> /Contents [186 0 R 187 0 R 188 0 R] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 46 0 obj /Annots [] Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /MediaBox [0 0 612 792] /Resources 409 0 R /Parent 13 0 R >> /CropBox [0 0 612 792] /CropBox [0 0 612 792] 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 Monmouth County, NJ area. In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. endobj endobj
>> /Rotate 0 /Contents [206 0 R 207 0 R 208 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. /Rotate 0 /CropBox [0 0 612 792] /Annots [] /Annots [] /MediaBox [0 0 612 792] /Contents [242 0 R 243 0 R 244 0 R] /CropBox [0 0 612 792] /Parent 4 0 R 72 0 obj Thus, roll-off 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. /Annots [] 7 0 obj /MediaBox [0 0 612 792] /Rotate 0 /Contents [230 0 R 231 0 R 232 0 R] /MediaBox [0 0 612 792] >> 28 0 obj /Rotate 0 /MediaBox [0 0 612 792] /CropBox [0 0 612 792]
#%$""!&+7/&)4)! endobj /Rotate 0 /Type /Page /CropBox [0 0 612 792] /Resources 269 0 R /Annots [] /Annots [] 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; trailer
/Parent 13 0 R 3. /Resources 225 0 R /CropBox [0 0 612 792] 12 0 obj << This form is a Complaint for Injunctive Relief and Damages. /Parent 10 0 R /Parent 14 0 R << 18. 2 0 obj
/MediaBox [0 0 612 792] /CropBox [0 0 612 792] MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. REPUBLIC SERVICES, INC., 110 S.E. /Contents [374 0 R 375 0 R 376 0 R] /Parent 11 0 R %PDF-1.3
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( endobj CASE NO. /Resources 141 0 R /Contents [314 0 R 315 0 R 316 0 R] /Contents [98 0 R 99 0 R 100 0 R] 7. Republic is engaged in providing waste collection and disposal services throughout the United States. /Type /Page Defendant is defined as a "Public Accommodation" within meaning of Title III /Resources 213 0 R /Rotate 0 39. >> /Contents [250 0 R 251 0 R 252 0 R] << /Type /Page /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 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. Because of its characteristics (e.g. /Contents [278 0 R 279 0 R 280 0 R] For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. /MediaBox [0 0 612 792] /Rotate 0 /Type /Page After the acquisition, Republic would control about 31 percent--and two firms over 80 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $24 million. 45 0 obj >> >> endobj >> 29. An individual commercial customer typically generates substantially more MSW than a residential customer. endobj For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. /Parent 12 0 R /Parent 7 0 R /Parent 9 0 R A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. The proposed transactions, identified below, would lessen competition substantially in waste collection and/or disposal services: (1) Allied's acquisition of hauling assets in Albany, New York; (2) Allied's acquisition of hauling assets in Augusta, Georgia; (3) Allied's acquisition of hauling assets in Memphis, Nashville and Clarksville, Tennessee; (4) Allied's acquisition of disposal assets in New York, New York; (5) Allied's acquisition of hauling assets in Norfolk, Virginia; (6) Allied's acquisition of hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida ("Gulf Coast, Florida"); (7) Republic's acquisition of disposal assets in Anderson, Indiana; (8) Republic's acquisition of hauling assets in Columbus, Ohio; (9) Republic's acquisition of hauling assets in Lakeland, Florida; (10) Republic's acquisition of hauling assets in Louisville, Kentucky and Sellersburg, Indiana; (11) Republic's acquisition of hauling and disposal assets in Macon, Georgia; and (12) Republic's acquisition of hauling assets in Monmouth, Burlington and Camden counties, New Jersey. /Type /Page endobj In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. /CropBox [0 0 612 792] /Annots [] /Contents [142 0 R 143 0 R 144 0 R] 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. /Type /Page >> /Contents [126 0 R 127 0 R 128 0 R] A .gov website belongs to an official government organization in the United States. 30. /Rotate 0 ( Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. /Resources 373 0 R 1 0 obj endobj /Annots [] 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. >> /Parent 11 0 R /Annots [] >> endobj 10. _l {:\! 82 0 obj /Type /Page endobj /Rotate 0 endobj >> /MediaBox [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. Complaint for Injunctive Relief . endobj An official website of the United States government. 22408. 6. /Type /Page /Type /Page >> << The transactions likely will have the following effects, among others: 1. 71 0 obj "New York City, NY area" means the Borough of Brooklyn, New York. /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] 28. Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. And yet the State of Florida (the State) has failed to take reasonable emergency measures necessary for voter participation in the face of this crisis. 12. (ECF No. /CropBox [0 0 612 792] << 49 0 obj 35 0 obj << >> 0
/Rotate 0 75 0 obj /Kids [55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R 63 0 R 64 0 R] /CropBox [0 0 612 792] Small Container Commercial Waste Collection Service. } !1AQa"q2#BR$3br << /CreationDate (D:20220824140929-04'00') endobj /CropBox [0 0 612 792] 87 0 obj 25 0 obj Plaintiff filed this action against defendant for breaching a non-competition agreement. /Contents [190 0 R 191 0 R 192 0 R] /Type /Page /CropBox [0 0 612 792] Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida. /CropBox [0 0 612 792] ( >> /Contents [354 0 R 355 0 R 356 0 R] 45. 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.