/Subtype /XML In the Macon, GA area, the acquisition would reduce from two to one the number of significant firms that compete in the collection of small container commercial waste. /Resources 301 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] /MediaBox [0 0 612 792] 31 0 obj >> 22 and 28 U.S.C. /CropBox [0 0 612 792] The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. The Corps' environmental analysis for this project is based on the same assumptions and >> 64 0 obj /Parent 13 0 R Injunctive relief is considered an extraordinary remedy in both State and Federal court. /Parent 9 0 R ( /Contents [406 0 R 407 0 R 408 0 R] /Rotate 0 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. ( /Type /Page >> 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. endobj 0000001994 00000 n << /CropBox [0 0 612 792] << /Author (JacqmeinV) endobj An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. 88 0 obj /Type /Page Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. /Type /Page /MediaBox [0 0 612 792] /Rotate 0 /Type /Page This is an action for injunctive relief. 3. /Annots [] ( /Parent 9 0 R 93 0 obj /Parent 14 0 R (ECF No. 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). 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. << /MediaBox [0 0 612 792] /Rotate 0 << 6. It is engaged in providing waste collection and disposal services throughout the United States. 19 0 obj /Annots [] 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. 24 0 obj << endobj << xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC /Resources 137 0 R /Parent 9 0 R In addition, Wilson traveled at least twice to Florida for work-related trips in 2019, including once to Miami and Tampa in or around the spring of 2019 and once to Orlando in or around November or December 2019. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 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. "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. /Contents [230 0 R 231 0 R 232 0 R] Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. /CropBox [0 0 612 792] 21 0 obj 79 0 obj 37. /Annots [] /Resources 193 0 R /Parent 10 0 R << /Parent 10 0 R endobj endobj >> endobj 54 0 obj >> 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . /Rotate 0 81 0 obj /Type /Page /Contents [166 0 R 167 0 R 168 0 R] << 7. /Annots [] /Resources 165 0 R 22 and 28 U.S.C. /Annots [] /Resources 277 0 R /Contents [358 0 R 359 0 R 360 0 R] /Contents [350 0 R 351 0 R 352 0 R] Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 49. How long will the injunction be effective? /Contents [218 0 R 219 0 R 220 0 R] US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. /Rotate 0 /Rotate 0 endobj Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 /Resources 345 0 R A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . endobj /Contents [94 0 R 95 0 R 96 0 R] /CropBox [0 0 612 792] endstream 0000001373 00000 n 20. << /Annots [] See Merger Guidelines 1.51. endobj /MediaBox [0 0 612 792] /Parent 14 0 R /Type /Page /Type /Pages /Parent 14 0 R 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. << An individual commercial customer typically generates substantially more MSW than a residential customer. In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. /Contents [110 0 R 111 0 R 112 0 R] %PDF-1.5 MSW has physical characteristics that readily distinguish it from other liquid or solid waste. JFIF C /Type /Page /Parent 7 0 R "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. /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] 2320 0 obj<> endobj ( Share sensitive information only on official, secure websites. 90 0 obj /Rotate 0 /Contents [222 0 R 223 0 R 224 0 R] /CropBox [0 0 612 792] endobj 7402(a) to prevent such conduct. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Resources 105 0 R In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. endobj .+p>hPhb4yiK=c`/XOv@|fe`iY 15. << /Annots [] /Type /Page /MediaBox [0 0 612 792] >> An official website of the United States government. 41 0 obj >> /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Contents [114 0 R 115 0 R 116 0 R] 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. 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. >> 12102(1)-(2), the regulations implementing the . /MediaBox [0 0 612 792] /CropBox [0 0 612 792] In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. endobj Does the injunction provide broad or limited relief? /Rotate 0 23. Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. endobj 94 0 obj >> /Count 9 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 . 74 0 obj Allied and Republic directly compete in the disposal of waste in a number of markets nationwide, including the Anderson, IN; New York City, NY; and Macon, Georgia areas. /Annots [] /Contents [150 0 R 151 0 R 152 0 R] /Type /Page "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. /Rotate 0 /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Resources 253 0 R Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. The county court may issue a temporary and permanent injunction where appropriate for violation of ss. SOUTHERN DISTRICT OF FLORIDA . /MediaBox [0 0 612 792] >> endobj 47. /Annots [] Markets in which the HHI is between 1000 and 1800 points are considered to be moderately concentrated, and those in which the HHI is in excess of 1800 points are considered to be highly concentrated. /Rotate 0 /Type /Page /Contents [178 0 R 179 0 R 180 0 R] /Annots [] >> 75 0 obj >> /Annots [] 2. 34 0 obj /Resources 273 0 R /Creator (PScript5.dll Version 5.2.2) Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. << /Annots [] endobj /Resources 377 0 R /Metadata 2 0 R /Rotate 0 /Length 10 9. /Annots [] 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. /Rotate 0 Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. /Resources 381 0 R . /Contents [118 0 R 119 0 R 120 0 R] /Parent 9 0 R /Type /Page Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. 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 $5 million. /Parent 8 0 R endobj /Type /Page >> << 16. /CropBox [0 0 612 792] /CropBox [0 0 612 792] /MediaBox [0 0 612 792] >> trailer /Parent 9 0 R /Contents [206 0 R 207 0 R 208 0 R] EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. ("MFS"), is a Florida corporation that has a principal place of . xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 31. 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. /Type /Catalog Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for 51. %PDF-1.3 % 10. >> /Parent 9 0 R /Rotate 0 /S /D This is a civil action brought by the United States of America to enjoin defendant . /Parent 10 0 R >> /Length 1411 /CropBox [0 0 612 792] 3 0 obj 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. /Type /Page /Rotate 0 67 0 obj 0 >> << /MediaBox [0 0 612 792] /Annots [] /CropBox [0 0 612 792] << /CropBox [0 0 612 792] 10 0 obj /Parent 8 0 R COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . /Rotate 0 /Parent 9 0 R 6. 0000001275 00000 n /Resources 197 0 R /Contents [314 0 R 315 0 R 316 0 R] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] Copyright 2008-2023 Jimerson Birr, P.A. A complaint for declaratory relief must allege the following: there is a bona fide dispute between the parties; the plaintiff has a justiciable question as to the existence or nonexistence of some right, status, immunity, power or privilege, or as to some fact upon which existence of such a claim may depend; 6th Street Ft. Lauderdale, FL 33301 Defendants. /Parent 9 0 R %%EOF /Parent 14 0 R /Annots [] 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. 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. Official websites use .gov Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? /MediaBox [0 0 612 792] 35 0 obj >> Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). /Rotate 0 /Annots [] /Rotate 0 >> Garcia controll ed the MJ Companies prior to their going into receivership. endobj Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. #%$""!&+7/&)4)! /Contents [354 0 R 355 0 R 356 0 R] hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream << 2322 0 obj<>stream /Annots [] /MediaBox [0 0 612 792] endobj /Parent 7 0 R ( Suing for an injunction in Florida is all about preserving the status quo. /Parent 14 0 R 14 0 obj /Contents [270 0 R 271 0 R 272 0 R] "New York City, NY area" means the Borough of Brooklyn, New York. >> /Resources 329 0 R /Rotate 0 /Resources 389 0 R /Rotate 0 /Resources 365 0 R 3601, et seq. Rather, its about dealing with the future, not something that happened in the past. 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. /Annots [] 92 0 obj << /MediaBox [0 0 612 792] << This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. 0000000879 00000 n /MediaBox [0 0 612 792] << << /Parent 8 0 R Because of its characteristics (e.g. /Type /Page 82 0 obj >> /Contents [286 0 R 287 0 R 288 0 R] /CropBox [0 0 612 792] /Contents [266 0 R 267 0 R 268 0 R] 4. << JacqmeinV 1 0 obj << /Annots [] ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . >> /Parent 13 0 R /MediaBox [0 0 612 792] /Rotate 0 /Contents [390 0 R 391 0 R 392 0 R] << /Type /Page /MediaBox [0 0 612 792] /Resources 125 0 R << 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. /Rotate 0 In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. Z( In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . See also Chapter 224.08, Special Acts of Florida, 1943. ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx /CropBox [0 0 612 792] ( /CropBox [0 0 612 792] 18. 0000002929 00000 n %PDF-1.3 % /Annots [] /CropBox [0 0 612 792] /Contents [106 0 R 107 0 R 108 0 R] 38 0 obj /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] endobj The extension of vote-by-mail options and other accommodations at polling places is necessary. 0000000592 00000 n /Contents [362 0 R 363 0 R 364 0 R] /Resources 341 0 R GsYzQh50ee' MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. /Rotate 0 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. 0000003868 00000 n The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary (PPP) election in Florida, scheduled for tomorrow, March 17, 2020, and cause large-scale voter disenfranchisement falling hardest on communities of color and other historically vulnerable populations. /Parent 13 0 R /Resources 237 0 R >> /Resources 129 0 R /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] 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. 77 0 obj 8. /Resources 333 0 R /CropBox [0 0 612 792] << /CropBox [0 0 612 792] 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. << /Type /Page /Annots [] /Contents [234 0 R 235 0 R 236 0 R] >> Defendant is defined as a "Public Accommodation" within meaning of Title III 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. /Contents [290 0 R 291 0 R 292 0 R] /Contents [306 0 R 307 0 R 308 0 R] endobj /Rotate 0 58. Haulers, therefore, generally establish garages and related facilities within each major local area served. << /Type /Page and Florida Statute 86.011, et seq. /Parent 11 0 R /Rotate 0 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. /CropBox [0 0 612 792] 30. Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. /CropBox [0 0 612 792] ( /MediaBox [0 0 612 792] endobj /Parent 14 0 R 54. >> /Rotate 0 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 >> /Contents [154 0 R 155 0 R 156 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. Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. 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. /Count 10 72 0 obj endstream endobj 29 0 obj <>stream endobj /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] 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. There are no good substitutes for MSW disposal. 56. /Contents [318 0 R 319 0 R 320 0 R] 4. For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. /CropBox [0 0 612 792] /Contents [182 0 R 183 0 R 184 0 R] /Type /Page /Count 10 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. /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] 40 0 obj /Parent 4 0 R /Resources 325 0 R /Parent 11 0 R stream << xref ( /Contents [146 0 R 147 0 R 148 0 R] /Type /Page >> 0000000016 00000 n /CropBox [0 0 612 792] 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. /Resources 305 0 R 48 0 obj /Parent 7 0 R 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. endobj After the acquisition, Republic would control over 50 percent--and two firms over 80 percent-- of the small container commercial waste hauling market, which has annual revenues of about $29 million. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] 0000001469 00000 n << /Type /Page 91 0 obj /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Parent 7 0 R << /Type /Page 44 0 obj Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . The global coronavirus pandemic threatens to disrupt the Presidential /CropBox [0 0 612 792] << /Rotate 0 Managing Partner /MediaBox [0 0 612 792] /Annots [] /Type /Page /MediaBox [0 0 612 792] 2. /Contents [370 0 R 371 0 R 372 0 R] << trailer << 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 Monmouth County, NJ area. /CropBox [0 0 612 792] >> "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. /Parent 4 0 R >> /Resources 321 0 R << /Annots [] /Contents [226 0 R 227 0 R 228 0 R] A .gov website belongs to an official government organization in the United States. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] ( ( /Resources 269 0 R /CropBox [0 0 612 792] /Type /Page 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. endobj << /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. That plaintiff recover the costs of this action. >> "Lakeland, FL area" means Polk County, Florida. /Resources 185 0 R C. Reduction in Competition As a Consequence of the Acquisition. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Annots [] /Rotate 0 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. /Parent 8 0 R It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. /Contents [130 0 R 131 0 R 132 0 R] /Resources 169 0 R endobj >> ( Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /Resources 225 0 R /MediaBox [0 0 612 792] xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. /Type /Page /Parent 4 0 R << IV. 24. /Annots [] /Contents [310 0 R 311 0 R 312 0 R] 0000000556 00000 n /Parent 14 0 R COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . /Resources 153 0 R >> /Rotate 0 /Rotate 0 /Rotate 0 This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. 76 0 obj >> /Parent 9 0 R 33 0 obj >> /MediaBox [0 0 612 792] clearly appears from specific facts shown by affidavit or by verified complaint that immediate or For a number of reasons, landfills may not be located close to where the waste is generated. /Annots [] /Resources 145 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.
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