/Contents [306 0 R 307 0 R 308 0 R] /Contents [190 0 R 191 0 R 192 0 R] 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. /Type /Page /Contents [170 0 R 171 0 R 172 0 R] In 1999, Allied reported total revenues of approximately $6 billion. 59 0 obj 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. endobj endobj 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. ( 29 0 obj 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. >> 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. /Rotate 0 An official website of the United States government. /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] /Rotate 0 >> 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. /Parent 9 0 R 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. << /MediaBox [0 0 612 792] /Type /Page >> 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. /CropBox [0 0 612 792] /Rotate 0 <> << endobj /Rotate 0 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. /Contents [310 0 R 311 0 R 312 0 R] << /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] hear the plaintiff's claim for declaratory and injunctive relief because the plaintiff alleged an amount in controversy in excess of $15,000; which obviously, is due to the fact that . 3 0 obj 90 0 obj Roll-off haulers typically deal with larger waste volumes from a single customer for which disposal costs constitute a greater percentage of the total revenue received for the service. endobj 4. MSW generated by residential customers, on the other hand, is often collected by either local governments or by private haulers pursuant to contracts bid by, or franchises granted by, municipal authorities. >> /MediaBox [0 0 612 792] Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. /Rotate 0 /CropBox [0 0 612 792] /Contents [314 0 R 315 0 R 316 0 R] stores and restaurants). >> ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx ( stream /Annots [] ( 93 0 obj /Kids [7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R] However, temporary injunctive relief may be granted without the posting of a bond in the following situations: 1) injunctions entered "on the pleading of a municipality or the state or any officer, agency, or political subdivision thereof"; or 2) injunctions "issued solely to prevent physical injury or abuse of a natural person." This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. 22. ( Managing Partner 7402(a) to prevent such conduct. /CropBox [0 0 612 792] /Resources 361 0 R /Type /Page Does the courts have ability to enforce what you are requesting? << /Author (JacqmeinV) xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. >> 6. /CropBox [0 0 612 792] /Annots [] >> <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . 58. 19 0 obj /Annots [] The extension ofvote-by-mail options and other accommodations at polling places is necessary. Often businesses do not consider the implications for taking this action. /Resources 285 0 R In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. /MediaBox [0 0 612 792] This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. /Parent 7 0 R /CropBox [0 0 612 792] In the Nashville, TN area, the acquisition would reduce from three to two the number of significant firms competing in the collection of small container commercial waste. xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC /Type /Page /CropBox [0 0 612 792] xref << 0 21. Is there any vagueness, or is everything extremely clear? /Metadata 2 0 R 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. The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. /Type /Page << 1 0 obj /Type /Page /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] /Resources 185 0 R COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. 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. 12102(1)-(2), the regulations implementing the . /MediaBox [0 0 612 792] /Rotate 0 On August 20, . /Resources 397 0 R Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. /Resources 193 0 R Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. /CropBox [0 0 612 792] << 4. /CropBox [0 0 612 792] There are no good substitutes for MSW disposal. 16. /Pages 4 0 R This form is a Complaint for Injunctive Relief and Damages. /CropBox [0 0 612 792] /Parent 11 0 R startxref /Type /Page << 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. 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. ]\q( $QSRP@=8`) $CC16 PI_ XL 2. 67. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 5.) Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. << trailer 41. 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt >> >> << ( << Last updated on November 21, 2022. /Parent 11 0 R >> endobj See also Chapter 224.08, Special Acts of Florida, 1943. 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; << /Filter /FlateDecode /Rotate 0 /Annots [] 25. 53 0 obj /CropBox [0 0 612 792] 29. This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. endobj /CropBox [0 0 612 792] /MediaBox [0 0 612 792] This action is brought to 31 0 obj <>stream << /Parent 4 0 R ( 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. The differences in the types and volume of MSW collected and in the equipment used in collection distinguish small container commercial waste collection from all other types of waste collection activities. /Resources 313 0 R /Resources 137 0 R /Contents [130 0 R 131 0 R 132 0 R] /CropBox [0 0 612 792] D. Entry Into Commercial Waste Collection of MSW. 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. 4. 38 0 obj /Rotate 0 27 0 obj /Type /Page endobj /ModDate (D:20220824143048-04'00') The Corps' environmental analysis for this project is based on the same assumptions and 45. 32 0 obj /Contents [274 0 R 275 0 R 276 0 R] 21-81099-CIV-CANNON/Reinhart . COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . 0000000016 00000 n /Contents [338 0 R 339 0 R 340 0 R] ( JFIF C /CropBox [0 0 612 792] 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. 31. /Resources 197 0 R /Rotate 0 << endobj /Resources 249 0 R 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. 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. /CropBox [0 0 612 792] /Resources 145 0 R endobj Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for 6. /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. 80 0 obj 72 0 obj >> >> The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. endobj ( 0000001641 00000 n "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. << /Annots [] /Parent 14 0 R << /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 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. /Kids [15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R] >> /Type /Page >> endobj >> >> 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). /Rotate 0 "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. /Type /Page 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] /Rotate 0 % << /Parent 14 0 R Rather, these are some additional factors to consider while determining the feasibility of this action: Will the court be able to enforce the injunction, or will it require intensive court supervision? /Type /Page endobj >> 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 /Contents [126 0 R 127 0 R 128 0 R] 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. endobj /Parent 4 0 R 23 0 obj >> 65 0 obj ( ? Charles B. Jimerson << /Annots [] /Contents [230 0 R 231 0 R 232 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. endobj Secure .gov websites use HTTPS << 57 0 obj Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. /Resources 113 0 R /Annots [] D. P. et al., . 1331 and 1337. 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. /Resources 265 0 R endobj >> MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. 44. /Rotate 0 19. /MediaBox [0 0 612 792] ( Official websites use .gov endobj /CropBox [0 0 612 792] << /Resources 373 0 R /Contents [350 0 R 351 0 R 352 0 R] endobj endobj 64 0 obj /Rotate 0 ( /CropBox [0 0 612 792] Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. /CropBox [0 0 612 792] >> >> 39 0 obj /Parent 8 0 R What happens if the temporary injunction is not granted? Haulers, therefore, generally establish garages and related facilities within each major local area served. /Rotate 0 /Type /Page ( /Parent 10 0 R /S /D %PDF-1.6 Thus, small container commercial 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. >> 51. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . << << endobj The global coronavirus pandemic threatens to disrupt the Presidential 0 for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. 5. /Count 10 /Annots [] <>>> /Annots [] ( /Contents [342 0 R 343 0 R 344 0 R] >> endobj >> JURISDICTION AND VENUE 13. 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . 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. endobj startxref /MediaBox [0 0 612 792] 26 0 obj INTRODUCTION . Rather, its about dealing with the future, not something that happened in the past. endobj << /Contents [218 0 R 219 0 R 220 0 R] Small container commercial service vehicles routinely employ compaction systems on the truck to increase storage capacity, and can empty numerous small containers located on a scheduled route before being driven to a disposal site. /Annots [] << /Contents [326 0 R 327 0 R 328 0 R] /Parent 10 0 R /Parent 9 0 R /CropBox [0 0 612 792] >> << 0000001275 00000 n /Parent 7 0 R /CropBox [0 0 612 792] 1114 Trademark Infringement . /Annots [] /MediaBox [0 0 612 792] 0000003868 00000 n endobj Because of its characteristics (e.g. 5. /Resources 301 0 R >> 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. 2320 0 obj<> endobj /Rotate 0 63. 73 0 obj 15 0 obj 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. /Annots [] /Type /Pages 0000000016 00000 n << 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] %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr 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. /Contents [102 0 R 103 0 R 104 0 R] endobj /Parent 8 0 R /Contents [186 0 R 187 0 R 188 0 R] /Annots [] 42 0 obj 43 0 obj stream endobj endobj /Resources 153 0 R /Type /Page /MediaBox [0 0 612 792] /Resources 173 0 R /Rotate 0 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 0000002235 00000 n /MediaBox [0 0 612 792] /Type /Page >> This is an action for permanent injunctive relief, declaratory relief, and endobj /Type /Page /Contents [246 0 R 247 0 R 248 0 R] 10941 and Laws of Florida, Ch. H*23430P AsKN$r{(s Injunctive relief is considered an extraordinary remedy in both State and Federal court. >> /Contents [362 0 R 363 0 R 364 0 R] /Contents [262 0 R 263 0 R 264 0 R] SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. >> /Type /Page "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. >> /Contents [322 0 R 323 0 R 324 0 R] /Contents [398 0 R 399 0 R 400 0 R] On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. /Rotate 0 Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. endobj << The extension of vote-by-mail options and other accommodations at polling places is necessary. 4 0 obj /MediaBox [0 0 612 792] << << The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. >> /MediaBox [0 0 612 792] ( 40. 71 0 obj 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. 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. 0000006750 00000 n 83 0 obj /Parent 9 0 R stream /PageLabels 3 0 R Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. /Annots [] 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. /Resources 257 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. endobj Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. /Resources 305 0 R Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. /MediaBox [0 0 612 792] << /CropBox [0 0 612 792] 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. 33 0 obj /Parent 10 0 R << << /Annots [] /CropBox [0 0 612 792] 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. 18. /Rotate 0 77 0 obj ( /Parent 7 0 R 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. /Parent 12 0 R /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Contents [318 0 R 319 0 R 320 0 R] _l {:\! 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] /Type /Page /Annots [] 55 0 obj /MediaBox [0 0 612 792] /Contents [330 0 R 331 0 R 332 0 R] /Type /Page 46 0 obj (Compl . /Contents [198 0 R 199 0 R 200 0 R] U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. endobj endobj relief pursuant to Chapter 86, Florida Statutes. 31 0 obj /Type /Page /Resources 121 0 R /Annots [] >> <<14CA263718F8354CB34DA495C0495A29>]>> /Resources 393 0 R /Rotate 0 << /Parent 11 0 R Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). /CropBox [0 0 612 792] /Parent 4 0 R /Rotate 0 /Resources 245 0 R >> ( /Count 10 endobj Does the temporary injunction preserve the Status Quo or does it make a change? /MediaBox [0 0 612 792] THIS COURT'S POWER TO GRANT RELIEF 84. /Resources 409 0 R >> /Rotate 0 endobj 22 and 28 U.S.C. 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. 1. Share sensitive information only on official, secure websites. 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.
Byron Colby Barn Wedding,
Ariat Jean Size Conversion Chart,
Articles C