complaint for injunctive relief florida

/Type /Page /Type /Page 73 0 obj "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. /Annots [] 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. Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /Parent 14 0 R /CropBox [0 0 612 792] /Contents [98 0 R 99 0 R 100 0 R] 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. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Parent 11 0 R /Parent 7 0 R %PDF-1.3 % To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. /Annots [] /CropBox [0 0 612 792] << endobj ( /CropBox [0 0 612 792] 0000002235 00000 n /CropBox [0 0 612 792] 0000002992 00000 n /Type /Page did not involve a claim for declaratory relief. >> 22408. M`5`i`F{qZ /Type /Page /Contents [202 0 R 203 0 R 204 0 R] It is engaged in providing waste collection and disposal services throughout the United States. 52 0 obj /Rotate 0 endobj << << 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. >> 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." 18. /Contents [378 0 R 379 0 R 380 0 R] trailer /CropBox [0 0 612 792] /Count 79 /Rotate 0 endobj /Rotate 0 >> /Rotate 0 /Annots [] Because of its characteristics (e.g. /Contents [214 0 R 215 0 R 216 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. >> endstream ( That defendants' proposed sales of hauling assets 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, and defendants' proposed sales of MSW disposal assets in the Anderson, IN; Macon, GA and New York City, NY area markets be adjudged and decreed to be unlawful and in violation of Section 7 of the Clayton Act; 2. That plaintiff recover the costs of this action. ( /Contents [298 0 R 299 0 R 300 0 R] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Rotate 0 /CropBox [0 0 612 792] /Type /Page Pursuant to the purchase agreements, Allied would acquire from Superior: hauling assets in Albany, New York; hauling assets in Augusta, Georgia; hauling assets in Memphis, Nashville and Clarksville, Tennessee; disposal assets in New York, New York; hauling assets in Norfolk, Virginia; and hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida. /Resources 221 0 R /Resources 349 0 R Complaint for Injunctive Relief . 4. endobj /MediaBox [0 0 612 792] /Annots [] /MediaBox [0 0 612 792] 17. 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. endobj ( 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. >> 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. /Annots [] /Annots [] << 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. /Resources 289 0 R /CropBox [0 0 612 792] /Type /Catalog /MediaBox [0 0 612 792] >> /Annots [] 1 0 obj 12102(1)-(2), the regulations implementing the . "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. << 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. /Resources 369 0 R endobj 2201-202, and . 46 0 obj /Contents [126 0 R 127 0 R 128 0 R] <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> >> /Type /Page endobj /Rotate 0 /Annots [] 0000006750 00000 n /Contents [130 0 R 131 0 R 132 0 R] /Contents [318 0 R 319 0 R 320 0 R] /CropBox [0 0 612 792] endobj Garcia is a resident of North Lauderdale, Fl orida. 3. >> /Rotate 0 /Resources 257 0 R << /Parent 8 0 R 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. Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. >> Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. 0000001641 00000 n 11 0 obj << See also Chapter 224.08, Special Acts of Florida, 1943. 36 0 obj 69 0 obj >> 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . endobj endobj /Annots [] >> /MediaBox [0 0 612 792] Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. ( /MediaBox [0 0 612 792] /Resources 397 0 R /Annots [] Preference Primary election in Florida. >> D. Entry Into Commercial Waste Collection of MSW. and Florida Statute 86.011, et seq. /Rotate 0 /Rotate 0 >> /Contents [310 0 R 311 0 R 312 0 R] >> 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. >> << 31. 6. /Resources 245 0 R /CropBox [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 . /Type /Page /Parent 12 0 R /Rotate 0 /S /D >> hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. /Parent 10 0 R 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. MSW has physical characteristics that readily distinguish it from other liquid or solid waste. endobj /MediaBox [0 0 612 792] /Contents [346 0 R 347 0 R 348 0 R] 4. 67 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. /Parent 7 0 R /CropBox [0 0 612 792] /Annots [] C. Reduction in Competition As a Consequence of the Acquisition. 42. 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. 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. endobj ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; /Resources 313 0 R 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. provide relief to all the individuals affected by APD's action. /Rotate 0 36. << ( /Contents [406 0 R 407 0 R 408 0 R] /Parent 9 0 R _______/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. /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. /Resources 317 0 R 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. endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream 45 0 obj /Contents [358 0 R 359 0 R 360 0 R] /Parent 13 0 R 81 0 obj 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. /Type /Page 0000003868 00000 n /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. /Resources 333 0 R 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. In their waste collection and waste disposal businesses, defendants make sales and purchases in interstate commerce, ship waste in the flow of interstate commerce, and engage in activities substantially affecting interstate commerce. /Type /Page /Annots [] An individual commercial customer typically generates substantially more MSW than a residential customer. /Rotate 0 /Type /Page 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. 2201 a nd 2202. >> "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. /MediaBox [0 0 612 792] /Annots [] 87 0 obj Amended Complaint "Motion") [ECF(the No. /Parent 12 0 R Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. 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. /Type /Metadata The next step is careful preparation before the temporary injunction hearing. /Author (JacqmeinV) /Annots [] >> endobj /Annots [] /MediaBox [0 0 612 792] endobj /CropBox [0 0 612 792] /Rotate 0 Secure .gov websites use HTTPS 77 0 obj /CropBox [0 0 612 792] 24 0 obj >> /CropBox [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. /CropBox [0 0 612 792] /Annots [] /Parent 10 0 R << /Parent 8 0 R This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. << /MediaBox [0 0 612 792] >> /Parent 7 0 R endobj << (2001). /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Contents [354 0 R 355 0 R 356 0 R] << /Annots [] /MediaBox [0 0 612 792] endobj In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /Contents [110 0 R 111 0 R 112 0 R] 67. 18 0 obj 63. >> << /Type /Page prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. 0000001563 00000 n /Type /Page << 35. /Type /Page "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. endobj 2 0 obj 34 0 obj /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Rotate 0 /MediaBox [0 0 612 792] 30 0 obj /Contents [198 0 R 199 0 R 200 0 R] 10941 and Laws of Florida, Ch. << /Resources 409 0 R 12. 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. << /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) /Annots [] /Rotate 0 The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. %%EOF /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] /Rotate 0 endobj /MediaBox [0 0 612 792] << << 49. D. P. et al., . 31 0 obj /MediaBox [0 0 612 792] /Type /Page /Annots [] 71 0 obj >> /MediaBox [0 0 612 792] ( 84 0 obj << /Type /Pages /Parent 10 0 R /Type /Page stream >> 44 0 obj 83.40 et seq. /Length 1411 Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . >> /CropBox [0 0 612 792] /CropBox [0 0 612 792] "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. /Contents [390 0 R 391 0 R 392 0 R] 70 0 obj /Annots [] In the Macon, GA area, the proposed acquisitions would result in Republic controlling more than 60 percent of the roll-off waste collection market at the same time it owns the two primary disposal options which any roll-off competitor would most likely use. 3 0 obj endobj /Parent 11 0 R /Annots [] 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 [190 0 R 191 0 R 192 0 R] /Annots [] 17 0 obj not %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr 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. /CropBox [0 0 612 792] 74 0 obj 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 8 0 R /Type /Page /Annots [] 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. /CropBox [0 0 612 792] Z( That defendants be permanently enjoined from carrying out the acquisitions of those assets in the separate purchase agreements dated July 28 and October 7, 1999, or from entering into or carrying out any agreement, understanding or plan, the effect of which would be to exchange those assets between the defendants; 3. - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. 44. 0000000879 00000 n endobj For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. endobj >> /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] Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /Contents [94 0 R 95 0 R 96 0 R] /Annots [] A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. >> /Type /Page >> << stream JFIF C /Type /Page endobj /Type /Page /Annots [] 26 0 obj /Parent 13 0 R /Parent 8 0 R /CropBox [0 0 612 792] endobj /Annots [] /Type /Page /Contents [146 0 R 147 0 R 148 0 R] /MediaBox [0 0 612 792] 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. ( /Contents [174 0 R 175 0 R 176 0 R] << >> 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. /Resources 165 0 R /Parent 7 0 R /CropBox [0 0 612 792] ( /Resources 141 0 R %PDF-1.5 % 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. >> hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream 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. 37 0 obj /MediaBox [0 0 612 792] >> 88 0 obj<>stream 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. >> Should you request a temporary injunction or push quickly for final permanent injunction. 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. Therefore, it should not be a decision made lightly. The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. << /Rotate 0 /Rotate 0 30. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . Suing for an injunction in Florida is all about preserving the status quo. 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). 27 0 obj << /Annots [] >> /CropBox [0 0 612 792] PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . /Resources 321 0 R %%EOF Share sensitive information only on official, secure websites. Small Container Commercial Waste Collection Service. endobj >> /Rotate 0 >> /Annots [] hb```"FN%n010pKsg``Z ^^@Y"bL38/4F `} endstream endobj 24 0 obj <> endobj 25 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 26 0 obj <>stream /Rotate 0 /MediaBox [0 0 612 792] >> Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. The extension of vote-by-mail options and other accommodations at polling places is necessary. /Type /Page 0000001852 00000 n JacqmeinV << Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. 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. 2. 32 0 obj /Type /Page /CropBox [0 0 612 792] /Type /Page /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 . 0000003946 00000 n 1391, . 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. 18. /Contents [162 0 R 163 0 R 164 0 R] 0000003404 00000 n /Rotate 0 >> /Parent 13 0 R 7. 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. <> Copyright 2008-2023 Jimerson Birr, P.A. /Contents [194 0 R 195 0 R 196 0 R] /Annots [] 25 0 obj /Contents [102 0 R 103 0 R 104 0 R] 64. /Contents [374 0 R 375 0 R 376 0 R] /Resources 325 0 R >> /Rotate 0 /Resources 365 0 R /CropBox [0 0 612 792] endobj /Type /Page 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 .+p>hPhb4yiK=c`/XOv@|fe`iY /Contents [398 0 R 399 0 R 400 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 [] ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . << endobj This is a civil action brought by the United States of America to enjoin defendant . Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. /Contents [362 0 R 363 0 R 364 0 R] /Contents [114 0 R 115 0 R 116 0 R]