endobj /Rotate 0 /Rotate 0 /CropBox [0 0 612 792] /Parent 12 0 R /CropBox [0 0 612 792] /Annots [] /Rotate 0 65 0 obj /Contents [218 0 R 219 0 R 220 0 R] 4. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Rotate 0 /Type /Page << endobj A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 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. INTRODUCTION . hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` 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. 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). /Parent 11 0 R 0000000879 00000 n << 29. /Author (JacqmeinV) 2. 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. /Rotate 0 The United States is entitled to injunctive relief under 26 U.S.C. /Parent 10 0 R 62 0 obj /Parent 14 0 R Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida. endobj /Type /Page 0000001373 00000 n 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. /Count 10 On August 20, . 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 . /Rotate 0 /Parent 14 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. << /Resources 129 0 R 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. 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." /Parent 9 0 R 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. hbbd`b`rfb`gb` # /Rotate 0 /Filter /FlateDecode &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. /Contents [302 0 R 303 0 R 304 0 R] /Rotate 0 /Annots [] 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. 1. relief pursuant to Chapter 86, Florida Statutes. /Length 1411 Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. << >> /Annots [] << EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. 75 0 obj Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . /CropBox [0 0 612 792] /Contents [394 0 R 395 0 R 396 0 R] 52. That plaintiff recover the costs of this action. << /Rotate 0 /Type /Page /Type /Page 2201-202, and . << Therefore, it should not be a decision made lightly. >> See Merger Guidelines 1.51. endobj 41. /Annots [] endobj /Type /Page 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 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. VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. 68 0 obj 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. : 01-42230-BKC-AJC . endobj /CropBox [0 0 612 792] Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. endobj Roll-off waste collection services are generally provided in localized areas because a roll-off truck cannot be efficiently or profitably driven significantly longer distances than those driven by a competitor to collect and dispose of the waste. /Type /Page The United States Army Corps of Engineers ("Corps" or "Army Corps") has unlawfully approved a massive dredging project for Port Everglades in Fort Lauderdale, Florida. /Parent 9 0 R << The county court may issue a temporary and permanent injunction where appropriate for violation of ss. 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. /Contents [358 0 R 359 0 R 360 0 R] endobj /CropBox [0 0 612 792] /Annots [] >> /Resources 281 0 R 0000003135 00000 n 22 0 obj ( /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] endobj >> 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. /Pages 4 0 R /Type /Page 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 $22 million. 0 14 0 obj The proposed acquisition would reduce from four to three the number of significant firms that compete in small container commercial waste collection service in the Memphis, TN area. endobj /MediaBox [0 0 612 792] Official websites use .gov /Contents [402 0 R 403 0 R 404 0 R] >> << The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. /CropBox [0 0 612 792] "MSW" means municipal solid waste, a term of art used to describe solid putrescible waste generated by households and commercial establishments such as retail stores, offices, restaurants, warehouses, and non-manufacturing activities in industrial facilities. /Annots [] xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC /Rotate 0 /Rotate 0 /Contents [238 0 R 239 0 R 240 0 R] 0000000016 00000 n endobj /Resources 253 0 R 42 0 obj "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. >> 77 0 obj 82 0 obj 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 $29 million. Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for >> >> endobj /Annots [] /MediaBox [0 0 612 792] /Resources 325 0 R /Type /Page ( Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). << >> /Annots [] /Parent 8 0 R >> 83 0 obj /Rotate 0 26 0 obj To access the presentation, visit YouTube or click play on the embedded image below. /MediaBox [0 0 612 792] 35 0 obj Plaintiff is a Florida resident, lives in Miami- Dade County, is sui juris, and qualifies of a protected class under the ADA, 42 U.S.C. This form is a Complaint for Injunctive Relief and Damages. /Type /Page Therefore, you should ask yourself these questions before proceeding: So, you answered the questions above, and you consider this to be the best approach to resolving your matter. MSW has physical characteristics that readily distinguish it from other liquid or solid waste. endobj /Annots [] /CropBox [0 0 612 792] 4. /Annots [] /MediaBox [0 0 612 792] ( H*23430P AsKN$r{(s 50. The next step is careful preparation before the temporary injunction hearing. << endobj /Type /Page The extension of vote-by-mail options and other accommodations at polling places is necessary. /Type /Page xref >> /Rotate 0 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. Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. 24. 23. 0000003404 00000 n /Type /Page /Contents [282 0 R 283 0 R 284 0 R] << endobj After the acquisition, Allied would control over 55 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $28 million. << /Resources 409 0 R 3. /Parent 10 0 R /Contents [262 0 R 263 0 R 264 0 R] 85 0 obj The acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste in the Louisville, KY/Sellersburg, IN area. /Resources 249 0 R /Count 10 /CropBox [0 0 612 792] 0000001317 00000 n 16. Obtaining a permit to construct a new disposal facility or to expand an existing one is a costly and time-consuming process, which typically takes many years to conclude. /Contents [326 0 R 327 0 R 328 0 R] /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Resources 201 0 R ( ( 78 0 obj ( /Type /Page /Contents [110 0 R 111 0 R 112 0 R] endobj /Contents [318 0 R 319 0 R 320 0 R] ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx >> /Type /Page 3. Z( /Resources 317 0 R /Resources 305 0 R /Type /Page 0000001563 00000 n Should you request a temporary injunction or push quickly for final permanent injunction. 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. On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. /Rotate 0 /Parent 14 0 R /Annots [] /MediaBox [0 0 612 792] /Rotate 0 /Rotate 0 /Annots [] /Rotate 0 /Annots [] 30 0 obj <>/Filter/FlateDecode/ID[<3860DCF29749FC4EACF121159FB5FA73><3860DCF29749FC4EACF121159FB5FA73>]/Index[25 7]/Info 24 0 R/Length 36/Prev 968458/Root 26 0 R/Size 32/Type/XRef/W[1 2 0]>>stream >> /Parent 14 0 R /Annots [] /Resources 361 0 R endobj /Annots [] /CropBox [0 0 612 792] 18 0 obj /Resources 245 0 R This Court has supplemental jurisdiction over the State of Florida's state claims pursuant to COMPLAINT -3-q;;m: @ii$$1$$ &JIIJAI JKQI !.1 i&%iiM tv . 13. trailer Firms that compete in the disposal of MSW generated in the Anderson, IN or New York City, NY areas can profitably increase their charges for disposal of MSW generated in each area without losing significant sales to more distant disposal sites. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] << /Resources 217 0 R 72 0 obj In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. /Resources 321 0 R /CropBox [0 0 612 792] /Parent 12 0 R 10. /Nums [0 6 0 R] hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream The transactions likely will have the following effects, among others: 1. 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; 38 0 obj %PDF-1.4 % /Annots [] construction debris) and volume, roll-off waste is deposited by the customer/generator into a disposal container (usually 20 to 40 cubic yards in size) which is larger than those routinely used in small container commercial collection (usually one to 10 cubic yards in size). 39. /Annots [] /MediaBox [0 0 612 792] /Contents [186 0 R 187 0 R 188 0 R] /Type /Page %PDF-1.6 /Contents [106 0 R 107 0 R 108 0 R] /CropBox [0 0 612 792] endobj /Annots [] 4. /Type /Page /Annots [] /Type /Page ( 56 0 obj /Rotate 0 In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. Share sensitive information only on official, secure websites. /Resources 401 0 R /Resources 185 0 R /Annots [] /Resources 369 0 R /CropBox [0 0 612 792] endobj Haulers, therefore, generally establish garages and related facilities within each major local area served. endobj This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. endobj /Contents [330 0 R 331 0 R 332 0 R] /Rotate 0 /Resources 349 0 R 17. 94 0 obj 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. 45 0 obj /Annots [] 0000001275 00000 n This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. /Parent 7 0 R /Type /Page /Type /Page 41 0 obj 33. >> /Parent 7 0 R /Parent 12 0 R 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. /Type /Pages 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. endobj >> /CropBox [0 0 612 792] /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. 47 0 obj An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. /Parent 11 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 . /MediaBox [0 0 612 792] /Resources 165 0 R /MediaBox [0 0 612 792] >> 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. 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. startxref 1391, . /Type /Page /Type /Page /CropBox [0 0 612 792] << /Resources 313 0 R /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] /Type /Page 92 0 obj << 80 0 obj >> /Parent 7 0 R 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. SOUTHERN DISTRICT OF FLORIDA . In such areas, many of the problems associated with the permitting and construction of a landfill could make it difficult to permit and construct a transfer station. 5. Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing << /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Annots [] 15. << 7.) endobj /Rotate 0 >> 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. 53 0 obj 31 0 obj 32. /Annots [] D. Entry Into Commercial Waste Collection of MSW. 91 0 obj /Length 10 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. >> 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. >> endobj ( << % 54. >> There are no good substitutes for MSW disposal. /Annots [] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. /Type /Page >> 0000003946 00000 n 69. /Rotate 0 See Laws of Florida, Ch. /Annots [] /Type /Page For a number of reasons, landfills may not be located close to where the waste is generated. /MediaBox [0 0 612 792] /Type /Catalog /CropBox [0 0 612 792] Anderson, IN and New York City, NY are two such areas. 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. /Count 10 /Resources 181 0 R /Type /Page "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. Does the courts have ability to enforce what you are requesting? /CropBox [0 0 612 792] /Rotate 0 /Contents [270 0 R 271 0 R 272 0 R] /Parent 14 0 R It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. 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. /Contents [366 0 R 367 0 R 368 0 R] /Contents [278 0 R 279 0 R 280 0 R] >> >> endobj /MediaBox [0 0 612 792] To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. ( /Contents [406 0 R 407 0 R 408 0 R] >> /Parent 10 0 R It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. and Florida Statute 86.011, et seq. /CropBox [0 0 612 792] /Contents [182 0 R 183 0 R 184 0 R] /MediaBox [0 0 612 792] 7402(a) to prevent such conduct. 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 76 13 endobj This is an action for permanent injunctive relief, declaratory relief, and 0000003868 00000 n endobj In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. /Contents [102 0 R 103 0 R 104 0 R] >> >> 67. /Parent 14 0 R 27 0 obj /Annots [] /CropBox [0 0 612 792] endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream >> 67 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. /Parent 7 0 R >> ( /CropBox [0 0 612 792] /Resources 373 0 R /Resources 105 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. << 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. /Type /Page /Type /Page Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . 44. /Contents [298 0 R 299 0 R 300 0 R] Copyright 2008-2023 Jimerson Birr, P.A. /Parent 7 0 R /Annots [] 70 0 obj Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 /Resources 393 0 R There are immediate expenditures necessary. 32 0 obj REPUBLIC SERVICES, INC., 110 S.E. >> /Contents [314 0 R 315 0 R 316 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. /CreationDate (D:20220824140929-04'00') %%EOF "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. Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. 43. . prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. /CropBox [0 0 612 792] 62. JFIF C 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. /Parent 7 0 R /Length 3282 18. /Rotate 0 /Parent 4 0 R >> 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . /CropBox [0 0 612 792] The Corps' environmental analysis for this project is based on the same assumptions and 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. /MediaBox [0 0 612 792] endobj endobj /Resources 161 0 R /Annots [] /Type /Pages /CropBox [0 0 612 792] /Parent 11 0 R stream /Count 10 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. Because of its characteristics (e.g. endobj /Resources 193 0 R /Rotate 0 There may be disclosure of confidential information such as trade secrets. How long will the injunction be effective? /Parent 12 0 R /Type /Page For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. /Resources 353 0 R << /MediaBox [0 0 612 792] /Resources 345 0 R In the Gulf Coast, FL area, the acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. << trailer /CropBox [0 0 612 792] /Rotate 0 Accordingly, injunctive relief ordering the extension of vote-by-mail options and other accommodations at polling places is necessary to protect the fundamental right to vote. /CropBox [0 0 612 792] 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.
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