/Annots [] /Type /Page << 57 0 obj /CropBox [0 0 612 792] 42. /Contents [306 0 R 307 0 R 308 0 R] /Resources 221 0 R 24. 83 0 obj endobj endobj 62. 90 0 obj /Type /Page 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. 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. /Count 10 /Annots [] 39. /MediaBox [0 0 612 792] /Type /Page /Parent 11 0 R /Resources 229 0 R >> /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Resources 329 0 R >> ( /Type /Page /Resources 129 0 R endobj 3 0 obj endobj /Contents [350 0 R 351 0 R 352 0 R] << for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. << << << %%EOF - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. 67 0 obj <> Garcia controll ed the MJ Companies prior to their going into receivership. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. After the acquisition, Allied would control roughly 69 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $25 million. Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. endobj /CropBox [0 0 612 792] >> 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. The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. /Parent 14 0 R /Contents [378 0 R 379 0 R 380 0 R] ( << /Contents [406 0 R 407 0 R 408 0 R] PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . 4. /Type /Page /Contents [150 0 R 151 0 R 152 0 R] endobj After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. /Contents [326 0 R 327 0 R 328 0 R] /Kids [75 0 R 76 0 R 77 0 R 78 0 R 79 0 R 80 0 R 81 0 R 82 0 R 83 0 R 84 0 R] %PDF-1.5 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. endobj /Length 3282 /Rotate 0 /Type /Page /Rotate 0 /Resources 305 0 R /Type /Page hbbd`b`rfb`gb` # "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. /CropBox [0 0 612 792] /Rotate 0 0000001469 00000 n 63 0 obj /Contents [346 0 R 347 0 R 348 0 R] endobj /CropBox [0 0 612 792] /Type /Page endobj 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 [] ( /Contents [394 0 R 395 0 R 396 0 R] /Parent 10 0 R /Contents [154 0 R 155 0 R 156 0 R] 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. /Rotate 0 Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . Allied and Republic directly compete in small container commercial waste collection service in a number of markets nationwide, including the areas of: 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. /Contents [118 0 R 119 0 R 120 0 R] /Resources 405 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. h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< /Rotate 0 /Parent 14 0 R $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. >> /Resources 161 0 R endobj Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. << >> endobj >> /MediaBox [0 0 612 792] 46 0 obj /CropBox [0 0 612 792] 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . 33 0 obj xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC Roll-off waste compactors are generally located at the site of the roll-off container, thereby permitting the customer to increase the container's on-site storage capacity. "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. /MediaBox [0 0 612 792] Managing Partner /Resources 109 0 R JURISDICTION AND VENUE 1. /Rotate 0 /Resources 237 0 R Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). 6. /Type /Page /Parent 8 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. /Rotate 0 /Contents [402 0 R 403 0 R 404 0 R] An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. 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. The next step is careful preparation before the temporary injunction hearing. 58 0 obj /Nums [0 6 0 R] /CropBox [0 0 612 792] /Count 79 0000000016 00000 n 63. >> stream 3. /Resources 257 0 R On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). << << 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. INTRODUCTION . /Parent 12 0 R << /Type /Page "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. After the acquisition, Republic would own two of the three transfer stations, which together would control in excess of 65 percent of the MSW disposal market, which has annual revenues in excess of $3 million. /Contents [366 0 R 367 0 R 368 0 R] endobj endobj >> stream endobj /Contents [142 0 R 143 0 R 144 0 R] This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. clearly appears from specific facts shown by affidavit or by verified complaint that immediate or endobj /MediaBox [0 0 612 792] /Parent 12 0 R 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] Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? /MediaBox [0 0 612 792] 5 0 obj /Filter /FlateDecode << 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. /Annots [] << /Contents [222 0 R 223 0 R 224 0 R] /Type /Pages 3601, et seq. "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. To access the presentation, visit YouTube or click play on the embedded image below. >> /Rotate 0 /Parent 4 0 R /Parent 14 0 R D. P. et al., . /CropBox [0 0 612 792] << 45. Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. /Rotate 0 /Resources 397 0 R endobj For a number of reasons, landfills may not be located close to where the waste is generated. << /Rotate 0 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. /Pages 4 0 R /Parent 4 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. "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. /Type /Page /CropBox [0 0 612 792] 67. 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. /CropBox [0 0 612 792] /Annots [] Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? 71 0 obj endobj /Parent 9 0 R /Parent 7 0 R endobj An official website of the United States government. << 1331 and 1337. 41. /Rotate 0 >> /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Resources 381 0 R /Annots [] /Count 10 /MediaBox [0 0 612 792] endobj /Annots [] ( /Rotate 0 10. /Parent 13 0 R << /Resources 245 0 R /Annots [] << /Contents [302 0 R 303 0 R 304 0 R] 43 0 obj endobj /Rotate 0 Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit >> Page 3 of 15 7. /CropBox [0 0 612 792] endobj 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. /Resources 357 0 R /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 18. /Parent 13 0 R 75 0 obj >> 29. << /Type /Page /Resources 201 0 R hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. /CropBox [0 0 612 792] /Annots [] Injunctive relief is considered an extraordinary remedy in both State and Federal court. /Resources 277 0 R endobj ( Does the injunction provide broad or limited relief? 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. >> /Annots [] /Type /Page << 28 0 obj endobj SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. 95 0 obj "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. endobj 60 0 obj /Rotate 0 /Parent 7 0 R /Parent 11 0 R /Rotate 0 % << /Type /Pages /CropBox [0 0 612 792] /Contents [338 0 R 339 0 R 340 0 R] ( _l {:\! 8. 6 0 obj endobj /MediaBox [0 0 612 792] 21-81099-CIV-CANNON/Reinhart . /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Resources 149 0 R /MediaBox [0 0 612 792] endobj <>>> 38. 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. >> 68 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. << /Rotate 0 /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] /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Type /Page << /CropBox [0 0 612 792] /Contents [310 0 R 311 0 R 312 0 R] /MediaBox [0 0 612 792] << /Count 9 1 0 obj Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 /Annots [] /Type /Page /Resources 333 0 R << /Resources 105 0 R %PDF-1.4 % /Type /Page /CropBox [0 0 612 792] /Rotate 0 ( Preference Primary election in Florida. 89 0 obj /CropBox [0 0 612 792] /Resources 97 0 R On a typical small container commercial waste collection route, an operator drives a FEL vehicle to the customer's container, engages a mechanism that grasps and lifts the container over the front of the truck, and empties the container into the vehicle's storage section, where the waste is compacted and stored. This is an action for permanent injunctive relief, declaratory relief, and xref /Rotate 0 endstream endobj 29 0 obj <>stream ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. /Contents [94 0 R 95 0 R 96 0 R] >> /Contents [238 0 R 239 0 R 240 0 R] /Annots [] >> /Type /Page /CropBox [0 0 612 792] Garcia is a resident of North Lauderdale, Fl orida. not : 01-42230-BKC-AJC . /Resources 133 0 R 2. << %%EOF /MediaBox [0 0 612 792] /Type /Page ( /Type /Pages 0000006259 00000 n /Resources 169 0 R /Annots [] A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . /Parent 8 0 R /Type /Page /Annots [] 8 0 obj /Type /Page 27. The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. /Type /Page See also Chapter 224.08, Special Acts of Florida, 1943. 48 0 obj /Rotate 0 %%EOF ? /CropBox [0 0 612 792] << 56. /Parent 8 0 R 49 0 obj /Parent 4 0 R /Annots [] APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . /Contents [106 0 R 107 0 R 108 0 R] /Parent 11 0 R /Contents [162 0 R 163 0 R 164 0 R] /Rotate 0 83.40 et seq. /MediaBox [0 0 612 792] endobj /Type /Pages /Subtype /XML /Parent 14 0 R This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. /Annots [] and Florida Statute 86.011, et seq. /Contents [130 0 R 131 0 R 132 0 R] Noncompete Agreements: Protecting Referral Relationships as Legitimate Business Interests, Hiring for Florida Banks and Credit Unions: A Summary of Background Checks and Other Information Required to Comply With Various Regulatory Schemes. endobj << /Resources 297 0 R ( ( /Rotate 0 There could be a negative impact on the plaintiffs public image. /CropBox [0 0 612 792] Does the temporary injunction preserve the Status Quo or does it make a change? endobj << /MediaBox [0 0 612 792] 0000000016 00000 n /Annots [] /Rotate 0 /Annots [] 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. << << /Contents [390 0 R 391 0 R 392 0 R] 0000001852 00000 n /Count 10 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. /Type /Pages /Annots [] /MediaBox [0 0 612 792] /Rotate 0 << "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. /Contents [362 0 R 363 0 R 364 0 R] /Annots [] 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. >> ("MFS"), is a Florida corporation that has a principal place of . /Resources 389 0 R /CropBox [0 0 612 792] 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. /Resources 113 0 R /Parent 11 0 R >> /Annots [] /Resources 309 0 R /Contents [382 0 R 383 0 R 384 0 R] /Annots [] endobj /Contents [110 0 R 111 0 R 112 0 R] /Type /Page /Type /Page /Parent 8 0 R /Parent 8 0 R Defendants Allied and Republic collect municipal solid waste from residential, commercial, and industrial customers, and they own and operate transfer stations, landfills, and incinerators, which process and dispose of municipal solid waste. "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. As such, following the process to the tee will help improve your chances for success. The extension of vote-by-mail options and other accommodations at polling places is necessary. /Type /Page 43. /Type /Page /CropBox [0 0 612 792] 37 0 obj 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. endobj 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. JacqmeinV . /Contents [178 0 R 179 0 R 180 0 R] 6. >> /Rotate 0 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. /Rotate 0 /Annots [] /CropBox [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 . /MediaBox [0 0 612 792] /Rotate 0 /MediaBox [0 0 612 792] /Contents [354 0 R 355 0 R 356 0 R] /Annots [] hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` REPUBLIC SERVICES, INC., 110 S.E. /Rotate 0 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 $5 million. /Contents [186 0 R 187 0 R 188 0 R] endobj /Resources 225 0 R .t. It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. /Annots [] stream endobj 22 and 28 U.S.C. /Type /Pages << 39 0 obj In this presentation, Jimerson Birr AssociateAustin B. Calhouncovers Florida law on injunctive relief as a remedy, the process for seeking and obtaining injunctive relief through the judicial system, pre-litigation considerations, and enforcement of an injunction order once entered. /MediaBox [0 0 612 792] /Parent 9 0 R ( >> << 69. 40. /Type /Page Due to the high costs of transporting MSW, and the substantial travel time to other disposal facilities based on distance, natural barriers, and congested roadways, haulers of MSW from the Anderson, IN and New York City, NY areas, respectively, are limited to transfer station disposal sites located in each of their local areas. 47 0 obj 20. /CropBox [0 0 612 792] /CropBox [0 0 612 792] 25 0 obj <> endobj >> /Resources 137 0 R ( U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. endobj /CropBox [0 0 612 792] /Parent 8 0 R << Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. Local small container commercial waste collection firms in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA areas can profitably increase charges to local customers without losing significant sales to more distant competitors. /CropBox [0 0 612 792] /Rotate 0 /CropBox [0 0 612 792] /Resources 369 0 R /Annots [] 33. xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 /Rotate 0 << >> 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. /CropBox [0 0 612 792] /PageLabels 3 0 R endobj 50. /Type /Page << /Annots [] >> 1391(c). /Resources 181 0 R 34. 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. K.A%aut\@Uaa[pVWnOe /Rotate 0 /MediaBox [0 0 612 792] It is engaged in providing waste collection and disposal services throughout the United States. M`5`i`F{qZ judgment, and preliminary and permanent injunctive relief and damages. /Type /Page /Annots [] ( ( /MediaBox [0 0 612 792] 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. 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. endobj 2201-202, and . /Annots [] /MediaBox [0 0 612 792] /Parent 12 0 R /Rotate 0 /CropBox [0 0 612 792] << The City changed its name from "New 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 endobj startxref >> (Compl . /Type /Page /Annots [] /Parent 11 0 R /CropBox [0 0 612 792] . >> Charles B. Jimerson /MediaBox [0 0 612 792] 76 0 obj <> endobj 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. >> Complaint for Injunctive Relief . endobj /CropBox [0 0 612 792] /Rotate 0 /Type /Page >> endobj /CropBox [0 0 612 792] 87 0 obj /MediaBox [0 0 612 792] /Type /Page /Contents [278 0 R 279 0 R 280 0 R] /Contents [298 0 R 299 0 R 300 0 R] COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . /Resources 325 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. /ModDate (D:20220824143048-04'00') <> There may be disclosure of confidential information such as trade secrets. 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. >> The length of the presentation is 46:09. >> /Resources 385 0 R Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. /Contents [294 0 R 295 0 R 296 0 R] /CropBox [0 0 612 792] 69 0 obj /Contents [138 0 R 139 0 R 140 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?