endobj >> /Parent 12 0 R ( provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. /MediaBox [0 0 612 792] Does the injunction provide broad or limited relief? /Annots [] 35. 57 0 obj 22 and 28 U.S.C. 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 ( >> 3. >> /Parent 14 0 R /Type /Page /Annots [] /Rotate 0 Parties 13. In the Lakeland, FL area, the acquisition would reduce from two to one the number of significant competitors in the collection of small container commercial waste. endobj /Contents [194 0 R 195 0 R 196 0 R] /Resources 141 0 R MSW has physical characteristics that readily distinguish it from other liquid or solid waste. /Type /Page << ( /Resources 157 0 R After the acquisition, Republic would control about 31 percent--and two firms over 80 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $24 million. 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. Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . 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. /CropBox [0 0 612 792] /CropBox [0 0 612 792] Small Container Commercial Waste Collection Service. 65 0 obj <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> /Contents [210 0 R 211 0 R 212 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. /Type /Page /Annots [] 39. /Annots [] >> /Count 10 As such, following the process to the tee will help improve your chances for success. /Rotate 0 14. /Type /Page PDF Verified Complaint for Declaratory and Injunctive Relief >> << /Rotate 0 /Contents [390 0 R 391 0 R 392 0 R] /Rotate 0 66 0 obj This is a civil action brought by the United States of America to enjoin defendant . /Nums [0 6 0 R] 49 0 obj Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 >> 69 0 obj /Type /Page >> Allied is the nation's second largest waste hauling and disposal company. 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. In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. 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 209 0 R /Annots [] This action is brought to /Resources 205 0 R 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 $31 million. /CropBox [0 0 612 792] 20 0 obj 12 0 obj /MediaBox [0 0 612 792] /PageLabels 3 0 R /Resources 149 0 R >> 4 0 obj /CropBox [0 0 612 792] /Resources 225 0 R /MediaBox [0 0 612 792] /Type /Page /Type /Page endobj /Annots [] 6. /Annots [] /Type /Page /Parent 9 0 R JFIF C Therefore, you should ask yourself these questions before proceeding: So, you answered the questions above, and you consider this to be the best approach to resolving your matter. /Annots [] >> 43. /Contents [334 0 R 335 0 R 336 0 R] 7. /CropBox [0 0 612 792] /Annots [] Pursuant to the purchase agreements, Allied would acquire from Superior: hauling assets in Albany, New York; hauling assets in Augusta, Georgia; hauling assets in Memphis, Nashville and Clarksville, Tennessee; disposal assets in New York, New York; hauling assets in Norfolk, Virginia; and hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida. The global coronavirus pandemic threatens to disrupt the Presidential << >> The HHI takes into account the relative size and distribution of the firms in a market and approaches zero when a market consists of a large number of firms of relatively equal size. >> 68 0 obj /Annots [] endobj /Rotate 0 /MediaBox [0 0 612 792] A .gov website belongs to an official government organization in the United States. << /Type /Page /Parent 8 0 R /MediaBox [0 0 612 792] SOUTHERN DISTRICT OF FLORIDA . Professional Services Industry Legal Blog>. /Annots [] >> << /CropBox [0 0 612 792] /Annots [] Noncompete Agreements: Protecting Referral Relationships as Legitimate Business Interests, Hiring for Florida Banks and Credit Unions: A Summary of Background Checks and Other Information Required to Comply With Various Regulatory Schemes. /Resources 301 0 R endobj In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. 1391(c). /Contents [278 0 R 279 0 R 280 0 R] ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx >> 0000003645 00000 n /Parent 8 0 R In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. /Type /Page /Contents [174 0 R 175 0 R 176 0 R] /Count 10 >> 92 0 obj 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. In the United States District Court for The Southern District of New York "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. << (Compl . /Contents [246 0 R 247 0 R 248 0 R] "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. << /CropBox [0 0 612 792] /MediaBox [0 0 612 792] Because of its characteristics (e.g. /ModDate (D:20220824143048-04'00') >> stream advance, Plaintiffs seek immediate declaratory and injunctive relief that directs Defendants to permit a designated representative of each affected candidate and political party into the recount room, as Florida law requires. ( << endobj >> /Resources 197 0 R /Parent 9 0 R If the major roll-off competitor in a market likewise precludes significant competition through the use of long-term customer contracts which automatically renew, entry by new competitors and growth from existing ones are further hindered. >> /Rotate 0 /Rotate 0 /Contents [406 0 R 407 0 R 408 0 R] /Type /Page $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! << 51. Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. 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. IV. << /Parent 8 0 R <>>> ]\q( $QSRP@=8`) $CC16 PI_ XL /Rotate 0 /Annots [] >> 80 0 obj endobj 4 0 obj This document is available in two formats: this web page (for browsing content) and. 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. /Resources 269 0 R Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. Is the injunction prohibitory or mandatory? "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. /Resources 329 0 R /CropBox [0 0 612 792] /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] /Parent 12 0 R << /CropBox [0 0 612 792] /Parent 13 0 R /Parent 12 0 R /Filter /FlateDecode << /Resources 105 0 R 76 13 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. Injunctive relief is considered an extraordinary remedy in both State and Federal court. /Parent 9 0 R /Contents [394 0 R 395 0 R 396 0 R] stream /Annots [] /Type /Page In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . Garcia is a resident of North Lauderdale, Fl orida. 45], filed on August 192021, . /CropBox [0 0 612 792] 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. >> endobj /Resources 385 0 R 19. DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. /Rotate 0 58. << /Resources 165 0 R In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. /Parent 7 0 R Page 3 of 15 7. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] endobj << endobj /MediaBox [0 0 612 792] /Kids [25 0 R 26 0 R 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R 33 0 R 34 0 R] endobj 42 0 obj endobj .t. /Annots [] /Parent 11 0 R /Type /Page << /MediaBox [0 0 612 792] /Rotate 0 55 0 obj An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. /Parent 12 0 R /CropBox [0 0 612 792] /Contents [386 0 R 387 0 R 388 0 R] The next step is careful preparation before the temporary injunction hearing. /Resources 377 0 R /Resources 145 0 R endobj /Annots [] The City changed its name from "New /CropBox [0 0 612 792] ( /CropBox [0 0 612 792] The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. /Length 1411 /CropBox [0 0 612 792] 13 0 obj /Type /Page 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. 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. /MediaBox [0 0 612 792] 5 0 obj Copyright 2008-2023 Jimerson Birr, P.A. 31 0 obj <>stream The Corps' environmental analysis for this project is based on the same assumptions and /Type /Page endobj /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. 18 0 obj /Annots [] /Resources 293 0 R /Rotate 0 /Resources 169 0 R Section 13(b) of the FTC Act, 15 U.S.C. /Parent 14 0 R /Parent 13 0 R 59 0 obj 58 0 obj 86 0 obj /Annots [] >> 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. /MediaBox [0 0 612 792] /Contents [258 0 R 259 0 R 260 0 R] 28 0 obj "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. /Contents [298 0 R 299 0 R 300 0 R] /Parent 8 0 R endobj endobj /Parent 13 0 R "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. /Resources 405 0 R 67 0 obj << /Contents [94 0 R 95 0 R 96 0 R] 21 0 obj /Rotate 0 endobj /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] >> 22. Thus, disposal of MSW is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisition under Section 7 of the Clayton Act. JURISDICTION AND VENUE 13. /MediaBox [0 0 612 792] Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /Resources 245 0 R How long will the injunction be effective? /CropBox [0 0 612 792] >> 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. 2018 to May 6, 2021. 8 0 obj /MediaBox [0 0 612 792] /Contents [346 0 R 347 0 R 348 0 R] /Parent 9 0 R This form is a Complaint for Injunctive Relief and Damages. endobj /Annots [] hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. stream 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. /Parent 14 0 R /Type /Page << U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . 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. 23. /CropBox [0 0 612 792] In the Albany, NY area, the proposed acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. 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. 88 0 obj 4. 0000001469 00000 n /Rotate 0 the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes ("FDUTPA"), which authorizes the State of Florida to seek, and the Court to order, permanent injunctive relief, recission or reformation of contracts, consumer restitution, the refund of monies /Resources 161 0 R /CropBox [0 0 612 792] /Rotate 0 /Annots [] /Parent 10 0 R Microsoft Word - 2022-08-24 - Complaint - FINAL /Rotate 0 /Rotate 0 "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. >> 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. 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. 15. /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> /MediaBox [0 0 612 792] /Resources 97 0 R "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. /Resources 281 0 R } !1AQa"q2#BR$3br ? /Kids [85 0 R 86 0 R 87 0 R 88 0 R 89 0 R 90 0 R 91 0 R 92 0 R 93 0 R] 0 /Resources 249 0 R /Count 9 Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. << /Rotate 0 69. /Type /Pages /Annots [] /Contents [146 0 R 147 0 R 148 0 R] /CropBox [0 0 612 792] % endobj /Parent 4 0 R /MediaBox [0 0 612 792] endobj Due to the high costs of transporting MSW, and the substantial travel time to other disposal facilities based on distance, natural barriers, and congested roadways, haulers of MSW from the Anderson, IN and New York City, NY areas, respectively, are limited to transfer station disposal sites located in each of their local areas. endobj 32 0 obj /MediaBox [0 0 612 792] /Metadata 2 0 R REPUBLIC SERVICES, INC., 110 S.E. /Type /Page /Parent 11 0 R /Kids [45 0 R 46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R 54 0 R] Complaint for Injunctive Relief | ATR | Department of Justice provide relief to all the individuals affected by APD's action. What happens if the temporary injunction is not granted? 77 0 obj /Parent 13 0 R /Resources 173 0 R /Parent 11 0 R /MediaBox [0 0 612 792] /Resources 345 0 R In the Columbus, OH area, the proposed acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste. >> See Laws of Florida, Ch. /Resources 309 0 R >> >> JacqmeinV /Type /Page It is engaged in providing waste collection and disposal services throughout the United States. << /Contents [310 0 R 311 0 R 312 0 R] 17 0 obj /MediaBox [0 0 612 792] To access the presentation, visit YouTube or click play on the embedded image below. /MediaBox [0 0 612 792] PDF Complaint for Injunctive Relief, Damages, /Rotate 0 /Resources 117 0 R #%$""!&+7/&)4)! >> /MediaBox [0 0 612 792] /Contents [402 0 R 403 0 R 404 0 R] This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. 33. 0 << /Resources 341 0 R endobj /Contents [294 0 R 295 0 R 296 0 R] /MediaBox [0 0 612 792] endobj 48. Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. /Resources 365 0 R << <<14CA263718F8354CB34DA495C0495A29>]>> >> /MediaBox [0 0 612 792] construction debris) and volume, roll-off waste is deposited by the customer/generator into a disposal container (usually 20 to 40 cubic yards in size) which is larger than those routinely used in small container commercial collection (usually one to 10 cubic yards in size). >> /Annots [] : 01-42230-BKC-AJC . /Parent 8 0 R /Resources 297 0 R /Resources 277 0 R xref /Type /Page endobj 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. /Type /Page << /CropBox [0 0 612 792] 27. /Pages 4 0 R /Kids [65 0 R 66 0 R 67 0 R 68 0 R 69 0 R 70 0 R 71 0 R 72 0 R 73 0 R 74 0 R] /Annots [] /Rotate 0 /Annots [] endobj ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; The President of the United States and the Governor of Florida have each declared a state of emergency. << ( 13. /Parent 4 0 R /Parent 14 0 R For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. 76 0 obj <> endobj 93 0 obj /MediaBox [0 0 612 792] /Contents [218 0 R 219 0 R 220 0 R] ( In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. /MediaBox [0 0 612 792] 88 0 obj<>stream x1 04) F&`/MFWxC. PDF COMPLAINT FOR PERMANENT INJUNCTION - United States Department of Justice /Type /Page /Rotate 0 /MediaBox [0 0 612 792] << /Contents [178 0 R 179 0 R 180 0 R] /Rotate 0 /CropBox [0 0 612 792] ( /MediaBox [0 0 612 792] 31. /Contents [250 0 R 251 0 R 252 0 R] endobj 42. This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. 0000001187 00000 n /Rotate 0 73 0 obj /Parent 9 0 R After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /CropBox [0 0 612 792] Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit /Resources 129 0 R << >> >> Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. >> 61. The proposed transactions, identified below, would lessen competition substantially in waste collection and/or disposal services: (1) Allied's acquisition of hauling assets in Albany, New York; (2) Allied's acquisition of hauling assets in Augusta, Georgia; (3) Allied's acquisition of hauling assets in Memphis, Nashville and Clarksville, Tennessee; (4) Allied's acquisition of disposal assets in New York, New York; (5) Allied's acquisition of hauling assets in Norfolk, Virginia; (6) Allied's acquisition of hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida ("Gulf Coast, Florida"); (7) Republic's acquisition of disposal assets in Anderson, Indiana; (8) Republic's acquisition of hauling assets in Columbus, Ohio; (9) Republic's acquisition of hauling assets in Lakeland, Florida; (10) Republic's acquisition of hauling assets in Louisville, Kentucky and Sellersburg, Indiana; (11) Republic's acquisition of hauling and disposal assets in Macon, Georgia; and (12) Republic's acquisition of hauling assets in Monmouth, Burlington and Camden counties, New Jersey.