endstream endobj 29 0 obj <>stream << /Creator (PScript5.dll Version 5.2.2) /MediaBox [0 0 612 792] It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. /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] See Merger Guidelines 1.51. /Annots [] 71 0 obj endobj Because of its characteristics (e.g. >> /Rotate 0 /Parent 13 0 R 26. << >> Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for endobj >> /Type /Page /Count 10 Complaint for Emergency Injunctive Relief in Florida Primary 0000001469 00000 n << endobj 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. 89 0 obj 45 0 obj 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. 18. /Type /Pages This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. 69 0 obj << /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] /Contents [310 0 R 311 0 R 312 0 R] 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. /MediaBox [0 0 612 792] 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. 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 /Page /MediaBox [0 0 612 792] In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. 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). ( 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. "Transfer station" means an intermediate disposal site, often used in more densely populated areas, for the processing and temporary storage of solid waste before transfer, in bulk, to more distant facilities for final disposal. 0000002992 00000 n 6. /MediaBox [0 0 612 792] /Contents [94 0 R 95 0 R 96 0 R] /Resources 409 0 R /CropBox [0 0 612 792] /Annots [] /MediaBox [0 0 612 792] For a number of reasons, landfills may not be located close to where the waste is generated. 46. endobj 42. 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. 51. /MediaBox [0 0 612 792] /Rotate 0 /Type /Page /Contents [386 0 R 387 0 R 388 0 R] "Lakeland, FL area" means Polk County, Florida. INTRODUCTION . /Parent 12 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. 0 /MediaBox [0 0 612 792] 33. /MediaBox [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. 16 0 obj 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 . /MediaBox [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. << 0000000016 00000 n /Parent 12 0 R /Type /Page /Rotate 0 /Parent 8 0 R << endobj /Parent 14 0 R /MediaBox [0 0 612 792] /Type /Page /CropBox [0 0 612 792] /CropBox [0 0 612 792] 3 0 obj >> C. Reduction in Competition As a Consequence of the Acquisition. Does the temporary injunction preserve the Status Quo or does it make a change? 19 0 obj 25. /CropBox [0 0 612 792] << /Count 9 /Contents [98 0 R 99 0 R 100 0 R] ( endobj /MediaBox [0 0 612 792] 92 0 obj Parties 13. /Parent 7 0 R /Parent 11 0 R >> /MediaBox [0 0 612 792] >> 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. stream >> /Contents [146 0 R 147 0 R 148 0 R] >> >> /Parent 8 0 R endobj /CropBox [0 0 612 792] /Resources 169 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. endobj << << ( 26 0 obj endobj /Parent 13 0 R 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. /Nums [0 6 0 R] /Resources 325 0 R Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . << /Resources 361 0 R /Contents [174 0 R 175 0 R 176 0 R] /Pages 4 0 R /Rotate 0 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. /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] << /Contents [158 0 R 159 0 R 160 0 R] Does the courts have ability to enforce what you are requesting? /Parent 10 0 R << 90 0 obj /Resources 201 0 R /Type /Page 12. /Contents [366 0 R 367 0 R 368 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. /Parent 4 0 R 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. 72 0 obj Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . << /Resources 257 0 R /MediaBox [0 0 612 792] /Rotate 0 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. ( /Annots [] How to Obtain a Temporary (Preliminary) Injunction in Florida - Ewusiak Law /Parent 11 0 R 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. Plaintiff filed this action against defendant for breaching a non-competition agreement. >> >> ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . 1114 Trademark Infringement . Defendant is defined as a "Public Accommodation" within meaning of Title III >> endobj 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. /Resources 293 0 R /Rotate 0 PDF COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS PARTIES - The Wall Street /MediaBox [0 0 612 792] /CropBox [0 0 612 792] x+ | 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. >> /Type /Pages >> /Resources 321 0 R 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. 36 0 obj 28. /Annots [] << >> 88 0 obj<>stream ]\q( $QSRP@=8`) $CC16 PI_ XL /Rotate 0 /Rotate 0 %%EOF /Contents [382 0 R 383 0 R 384 0 R] /Resources 277 0 R endobj /Contents [390 0 R 391 0 R 392 0 R] /Resources 313 0 R APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . /Contents [402 0 R 403 0 R 404 0 R] /Type /Page "0A149;>>>%.DIC; C /Contents [242 0 R 243 0 R 244 0 R] /Contents [130 0 R 131 0 R 132 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. /Contents [262 0 R 263 0 R 264 0 R] After the acquisition, Allied would control over 40 percent--and two firms would control over 80 percent--of the small container commercial waste hauling market, which has annual revenues of about $8 million. Plaintiff, Florida Carry, is a Florida Not-For-Profit Corporation with a principal place of business located at 1090 Wild Holly Drive, Port Orange, Florida, 32129. This is an action for permanent injunctive relief, declaratory relief, and relief pursuant to Chapter 86, Florida Statutes. Roll-off vehicles have no compaction system on board and are designed to carry only one large container at a time to a disposal site. /Resources 265 0 R 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt In this presentation, Jimerson Birr Associate Austin B. Calhoun covers Florida law on injunctive relief as a remedy, the process for seeking and obtaining injunctive relief through the judicial system, pre-litigation considerations, and enforcement of an injunction order once entered. An official website of the United States government. h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< And yet the State of Florida (the State) has failed to take reasonable emergency measures necessary for voter participation in the face of this crisis. Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. 85 0 obj PDF Complaint for Injunctive Relief, Damages, Annotations: Subsection (b) of the rule extends the Small Claims Rules to all claims for money or property, even when expressed or coupled with a claim for equitable relief. /Author (JacqmeinV) /Type /Page /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) .t. /CropBox [0 0 612 792] It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. /Rotate 0 ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx endobj 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. /Resources 245 0 R 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. >> 73 0 obj /Annots [] /Resources 177 0 R /Rotate 0 On February 10, 2023, the Court screened the 27 First Amended Complaint and dismissed it for failure to state a claim, with leave to amend within 28 thirty days. /Annots [] << /Rotate 0 /Parent 8 0 R /Resources 357 0 R /CropBox [0 0 612 792] 28 0 obj not /Rotate 0 /MediaBox [0 0 612 792] PDF United States District Court Southern District of Florida Case No >> The global coronavirus pandemic threatens to disrupt the Presidential ( /Annots [] 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. 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. /Rotate 0 endobj endobj PDF Complaint for Emergency Injunctive and Declaratory Relief endobj >> << << 63 0 obj /Annots [] The HHI takes into account the relative size and distribution of the firms in a market and approaches zero when a market consists of a large number of firms of relatively equal size. /Rotate 0 /CropBox [0 0 612 792] /Resources 229 0 R 54. 81 0 obj The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. endobj 18 0 obj A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. /CropBox [0 0 612 792] 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. /Contents [114 0 R 115 0 R 116 0 R] "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. (2001). /Type /Page endobj /Contents [342 0 R 343 0 R 344 0 R] endobj 54 0 obj >> 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. /Contents [134 0 R 135 0 R 136 0 R] /Count 10 /MediaBox [0 0 612 792] << /Resources 133 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. 0000006259 00000 n /Rotate 0 /Filter /FlateDecode "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. /Rotate 0 /Annots [] >> /Resources 365 0 R /Resources 273 0 R endobj 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. PDF Florida Small Claims Rules Annotated 2020 - The Florida Bar /Type /Page /MediaBox [0 0 612 792] (ECF No. Therefore, its important to not consider it a tool for righting a wrong. Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. 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. &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id 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. /Contents [154 0 R 155 0 R 156 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. Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. 0000006750 00000 n endobj /Rotate 0 0000000817 00000 n /MediaBox [0 0 612 792] /Count 10 /CropBox [0 0 612 792] << endobj 64. Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /Contents [194 0 R 195 0 R 196 0 R] /Annots [] IV. 22. PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General /CropBox [0 0 612 792] /Resources 309 0 R /Resources 345 0 R Complaint for Injunctive Relief and Civil Penalties | US EPA Local roll-off waste collection firms in the Macon, GA area can profitably increase charges to local customers without losing significant sales to more distant competitors. /Annots [] Is there any vagueness, or is everything extremely clear? ? GsYzQh50ee' "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. 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. Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. 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. /Resources 129 0 R /Annots [] This is a civil action brought by the United States of America to enjoin defendant . <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> /MediaBox [0 0 612 792] >> 4 0 obj /Parent 8 0 R startxref /Type /Page /Contents [238 0 R 239 0 R 240 0 R] /Parent 8 0 R <>>> /Rotate 0 K.A%aut\@Uaa[pVWnOe >> 0000001852 00000 n Copyright 2008-2023 Jimerson Birr, P.A. /Parent 11 0 R /Rotate 0 REPUBLIC SERVICES, INC., 110 S.E. >> /Resources 173 0 R Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. /Length 3282 >> 41. /MediaBox [0 0 612 792] << 76 0 obj <> endobj /Annots [] ( /Type /Page >> PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors?
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