]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. 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. /Type /Page >> ( /CropBox [0 0 612 792] 52 0 obj 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. 93 0 obj 69. 21 0 obj /Type /Page 2201-202, and . << /Count 79 /Type /Page Is the injunction prohibitory or mandatory? /Type /Page On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). /Type /Pages 0000001852 00000 n /Type /Page /Type /Page 7402(a) to prevent such conduct. endobj xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC /Rotate 0 << 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. 40 0 obj xref << 22 and 28 U.S.C. ? Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . /Resources 197 0 R Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. 46 0 obj 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. /Rotate 0 The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. endobj 10 0 obj /CropBox [0 0 612 792] Preference Primary election in Florida. endobj However, the incumbents' use of price discrimination and long-term contracts prevents new entrants from winning a large enough base of customers to achieve efficient routes in sufficient time to constrain the post-acquisition firm from significantly raising prices after the transaction. Official websites use .gov /Rotate 0 /CropBox [0 0 612 792] 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. endobj 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. 53. /Resources 105 0 R 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. >> : 01-42230-BKC-AJC . endobj Plaintiff complains and alleges as follows: 1. endobj /Type /Page /Contents [310 0 R 311 0 R 312 0 R] 86 0 obj For a number of reasons, landfills may not be located close to where the waste is generated. endobj /MediaBox [0 0 612 792] Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . Therefore, it should not be a decision made lightly. /Resources 249 0 R /Annots [] 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] provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. 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. << There are no good substitutes for MSW disposal. /Rotate 0 /CropBox [0 0 612 792] 22. This is a civil action brought by the United States of America to enjoin defendant . >> /Parent 7 0 R 0000003404 00000 n /MediaBox [0 0 612 792] ( /Parent 10 0 R 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. /Contents [162 0 R 163 0 R 164 0 R] /Rotate 0 /CropBox [0 0 612 792] /Resources 149 0 R << /MediaBox [0 0 612 792] _l {:\! /Parent 7 0 R /Annots [] /CropBox [0 0 612 792] endobj Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. /Rotate 0 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 endobj /Contents [302 0 R 303 0 R 304 0 R] endobj ( /MediaBox [0 0 612 792] The Macon, GA area is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the ClaytonAct. 23 0 obj <> endobj 28 0 obj <>/Filter/FlateDecode/ID[<2A277BAC2070266E6BF2C2060AD46B2B>]/Index[23 11]/Info 22 0 R/Length 49/Prev 24323/Root 24 0 R/Size 34/Type/XRef/W[1 2 1]>>stream /Rotate 0 /Resources 157 0 R 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 . endobj /Rotate 0 << /MediaBox [0 0 612 792] /Rotate 0 << << hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` /Annots [] 4 0 obj /Resources 97 0 R /CropBox [0 0 612 792] Anderson, IN and New York City, NY are two such areas. /Parent 11 0 R /Annots [] /Type /Page After the acquisition, Allied would control roughly 30 percent--and two firms about 66 percent--of the New York City, NY area MSW disposal market, which has annual revenues of about $40 million. /MediaBox [0 0 612 792] 2. 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. /Type /Page endobj 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. /MediaBox [0 0 612 792] endobj /Resources 289 0 R /Parent 11 0 R /Annots [] 2320 14 /Contents [246 0 R 247 0 R 248 0 R] /CropBox [0 0 612 792] /Count 10 /Resources 325 0 R To access the presentation, visit YouTube or click play on the embedded image below. 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. /Type /Pages /Rotate 0 ( /Rotate 0 /MediaBox [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. 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. hbbd`b`rfb`gb` # endobj /MediaBox [0 0 612 792] endobj /Contents [326 0 R 327 0 R 328 0 R] 61 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. 9 0 obj /Type /Page /Type /Page 0000001563 00000 n /Type /Pages /Resources 109 0 R >> /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> /CropBox [0 0 612 792] >> 2320 0 obj<> endobj /Parent 4 0 R /Resources 293 0 R /Type /Page /Type /Page << /Rotate 0 endobj /Contents [398 0 R 399 0 R 400 0 R] In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. ( /Parent 7 0 R /Annots [] /Metadata 2 0 R /MediaBox [0 0 612 792] >> for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. endobj Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. 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). /Parent 4 0 R /Resources 233 0 R /Annots [] %%EOF EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. endobj >> 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. /Parent 13 0 R Managing Partner /Rotate 0 << JacqmeinV endobj /Parent 11 0 R 33 0 obj 32 0 obj << 89 0 obj >> 3. "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. /Contents [350 0 R 351 0 R 352 0 R] /Type /Page << prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. /Parent 12 0 R Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. /Rotate 0 /Resources 213 0 R 56 0 obj /CropBox [0 0 612 792] /Annots [] /Contents [174 0 R 175 0 R 176 0 R] /Resources 369 0 R /Parent 7 0 R << /CropBox [0 0 612 792] Parties 13. /Type /Page 3 0 obj 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . /Contents [206 0 R 207 0 R 208 0 R] /Resources 153 0 R JURISDICTION AND VENUE 13. /MediaBox [0 0 612 792] In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. /Rotate 0 US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. 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. 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] /Rotate 0 68 0 obj /Parent 9 0 R Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 /Annots [] /Contents [178 0 R 179 0 R 180 0 R] 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. /Annots [] "0A149;>>>%.DIC; C /Annots [] 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . 21-81099-CIV-CANNON/Reinhart . /CropBox [0 0 612 792] Page 3 of 15 7. /CropBox [0 0 612 792] /Parent 13 0 R The global coronavirus pandemic threatens to disrupt the Presidential /Contents [318 0 R 319 0 R 320 0 R] 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. That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< /MediaBox [0 0 612 792] >> 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. Is there any vagueness, or is everything extremely clear? An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. /Contents [98 0 R 99 0 R 100 0 R] /Contents [386 0 R 387 0 R 388 0 R] /Rotate 0 44 0 obj $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz 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. /Resources 137 0 R Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. endobj /CropBox [0 0 612 792] /Parent 13 0 R x1 04) F&`/MFWxC. In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. << 64. endobj >> The likely effect of these acquisitions is to substantially lessen competition and to tend to create a monopoly in interstate trade and commerce in violation of Section 7 of the Clayton Act. endobj /MediaBox [0 0 612 792] Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /Contents [146 0 R 147 0 R 148 0 R] endobj /Parent 7 0 R - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. /Resources 217 0 R /CropBox [0 0 612 792] 12. 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. "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. /Parent 12 0 R "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. /CropBox [0 0 612 792] /Contents [138 0 R 139 0 R 140 0 R] PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . 21. 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. 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. /Resources 269 0 R 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. /Type /Page 61. 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. /Author (JacqmeinV) /Annots [] 95 0 obj provide relief to all the individuals affected by APD's action. 62. endobj 43. ( "Lakeland, FL area" means Polk County, Florida. xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. In 1999, Allied reported total revenues of approximately $6 billion. /Resources 173 0 R /Type /Pages 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 ( /Annots [] >> endstream /Parent 10 0 R Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? /Annots [] 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. /Contents [390 0 R 391 0 R 392 0 R] /Annots [] ( /Annots [] << 28 0 obj >> trailer stream /Rotate 0 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. /CropBox [0 0 612 792] ( /CropBox [0 0 612 792] /Resources 257 0 R /Annots [] 1 0 obj IV. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Alexdex. endobj >> /Parent 7 0 R /Annots [] U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. /Type /Page A temporary injunction is sought to stop a party from engaging in certain conduct or to require a party to engage in certain conduct until a final decision may be made concerning the merits of the dispute. /MediaBox [0 0 612 792] endobj 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. /Type /Page /CropBox [0 0 612 792] 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. << /MediaBox [0 0 612 792] >> /Type /Page >> /Rotate 0 /Type /Page /Annots [] /Contents [346 0 R 347 0 R 348 0 R] /CropBox [0 0 612 792] After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. . 65. C. Reduction in Competition As a Consequence of the Acquisition. 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. 30. << Because of its characteristics (e.g. /Contents [226 0 R 227 0 R 228 0 R] 0000001373 00000 n 48 0 obj 76 0 obj <> endobj Garcia is a resident of North Lauderdale, Fl orida. /Type /Page 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. /CropBox [0 0 612 792] << REPUBLIC SERVICES, INC., 110 S.E. %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr /CreationDate (D:20220824140929-04'00') ( >> /Parent 10 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 . 45], filed on August 192021, . /Parent 8 0 R /Count 10 /Annots [] /Rotate 0 /CropBox [0 0 612 792] /Contents [278 0 R 279 0 R 280 0 R] The roll-off container, when filled, is picked up by roll-off trucks, which are uniquely well suited for roll-off waste collection, and driven to a nearby disposal site, where the container's contents are disposed. /Type /Page >> /Contents [238 0 R 239 0 R 240 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. 1391, . 67. 0000006259 00000 n <> After the acquisition, Allied would control over 40 percent and two firms would control over 65 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. /Resources 341 0 R . Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. 50. /MediaBox [0 0 612 792] /Annots [] >> /Resources 361 0 R endstream endobj 29 0 obj <>stream << /Contents [130 0 R 131 0 R 132 0 R] /Resources 365 0 R /Resources 357 0 R /Resources 253 0 R 12 0 obj /CropBox [0 0 612 792] /Annots [] /CropBox [0 0 612 792] /Type /Page %PDF-1.5 % 70 0 obj 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. K.A%aut\@Uaa[pVWnOe >> _______/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. /CropBox [0 0 612 792] endobj << /Type /Page 41 0 obj /Type /Page 0000002992 00000 n /MediaBox [0 0 612 792] 53 0 obj /MediaBox [0 0 612 792] Plaintiff, Florida Carry, is a Florida Not-For-Profit Corporation with a principal place of business located at 1090 Wild Holly Drive, Port Orange, Florida, 32129. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Type /Page (ECF No. /Contents [294 0 R 295 0 R 296 0 R] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] >> >> /MediaBox [0 0 612 792] This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. 39. 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. 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . 60 0 obj /Filter /FlateDecode << ( endstream endobj startxref This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. endobj
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