/Parent 11 0 R /Resources 229 0 R /Contents [382 0 R 383 0 R 384 0 R] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 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. /CropBox [0 0 612 792] /Rotate 0 /Resources 381 0 R /Resources 405 0 R endobj .t. /Parent 4 0 R 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. 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. 24. << 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. Preference Primary election in Florida. /Parent 4 0 R On August 20, . The next step is careful preparation before the temporary injunction hearing. >> /Contents [358 0 R 359 0 R 360 0 R] /Parent 14 0 R /Contents [178 0 R 179 0 R 180 0 R] 32 0 obj << /Contents [162 0 R 163 0 R 164 0 R] hbbd`b`rfb`gb` # /Annots [] 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. Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . /Resources 133 0 R /CropBox [0 0 612 792] /Contents [138 0 R 139 0 R 140 0 R] See Merger Guidelines 1.51. << Small Container Commercial Waste Collection Service. << REPUBLIC SERVICES, INC., 110 S.E. /Contents [194 0 R 195 0 R 196 0 R] /Type /Page /Resources 181 0 R endobj MSW has physical characteristics that readily distinguish it from other liquid or solid waste. ( 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. >> /Parent 13 0 R /MediaBox [0 0 612 792] << 2018 to May 6, 2021. /Parent 4 0 R << /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] >> 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. /Rotate 0 . 2322 0 obj<>stream 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. /Parent 12 0 R 39. startxref 78 0 obj endobj stream /Type /Pages >> 92 0 obj ( %%EOF 61 0 obj endobj << /Resources 393 0 R WEST PALM BEACH DIVISION . endobj /Parent 10 0 R Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. 9. /Rotate 0 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. << 34. /Parent 8 0 R 52. /Rotate 0 ( /Resources 401 0 R /Type /Page 50. 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. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] << /Annots [] /Annots [] /Type /Page >> /MediaBox [0 0 612 792] /Contents [166 0 R 167 0 R 168 0 R] /Resources 169 0 R /Contents [390 0 R 391 0 R 392 0 R] /Annots [] /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> /Rotate 0 endobj /Length 10 %PDF-1.3 % 6th Street Ft. Lauderdale, FL 33301 Defendants. Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. Does the temporary injunction preserve the Status Quo or does it make a change? The transactions likely will have the following effects, among others: 1. /MediaBox [0 0 612 792] /Contents [154 0 R 155 0 R 156 0 R] 64 0 obj /Annots [] 38. /Parent 12 0 R 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. /MediaBox [0 0 612 792] ? /Resources 293 0 R /Resources 389 0 R What impact will it have on third-parties and employees? /Annots [] /Parent 8 0 R Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing /Parent 7 0 R endobj 19 0 obj 87 0 obj << %PDF-1.5 % /Resources 317 0 R endobj 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. Microsoft Word - 2022-08-24 - Complaint - FINAL /Resources 377 0 R /Type /Page <>>> 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. << /Annots [] /MediaBox [0 0 612 792] ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . /PageLabels 3 0 R /Contents [270 0 R 271 0 R 272 0 R] << endobj >> /Parent 12 0 R >> 91 0 obj >> /Rotate 0 /Rotate 0 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. It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. /Resources 213 0 R 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. /Type /Pages 37. endobj M`5`i`F{qZ /MediaBox [0 0 612 792] A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. << /Contents [190 0 R 191 0 R 192 0 R] Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. /Annots [] /Rotate 0 /Contents [250 0 R 251 0 R 252 0 R] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 69. endobj 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. >> /Resources 113 0 R 77 0 obj 2. Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for 39 0 obj endobj /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 11 0 obj /Parent 10 0 R 46 0 obj /Rotate 0 /Type /Page endobj << <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 17 0 obj This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. >> /Annots [] for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. /Rotate 0 Therefore, it should not be a decision made lightly. Section 13(b) of the FTC Act, 15 U.S.C. 63. /Type /Page << 62 0 obj << endobj >> /Contents [278 0 R 279 0 R 280 0 R] endobj Injunctive relief is considered an extraordinary remedy in both State and Federal court. /Resources 361 0 R >> 25. /MediaBox [0 0 612 792] >> 2201-202, and . This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. 75 0 obj 16. /Rotate 0 Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . /Type /Page endobj ( /Type /Page 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. 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. /Contents [346 0 R 347 0 R 348 0 R] 45. 43. >> 66. /Resources 217 0 R /Annots [] /Resources 373 0 R /Resources 165 0 R << << 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. /Contents [306 0 R 307 0 R 308 0 R] /CropBox [0 0 612 792] /Contents [102 0 R 103 0 R 104 0 R] /Parent 8 0 R /Rotate 0 /Count 10 >> /Annots [] /Annots [] 54 0 obj /Annots [] /CropBox [0 0 612 792] 40. 7.) 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. In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. 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. /MediaBox [0 0 612 792] /Parent 9 0 R Should you request a temporary injunction or push quickly for final permanent injunction. << Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. 35. 53. /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) This document is available in two formats: this web page (for browsing content) and. What happens if the temporary injunction is not granted? /CropBox [0 0 612 792] 0 /Annots [] /Rotate 0 >> 56 0 obj << /Rotate 0 << << /MediaBox [0 0 612 792] /Parent 9 0 R << << 0000003946 00000 n /Parent 8 0 R /Parent 11 0 R ("MFS"), is a Florida corporation that has a principal place of . << ( /Annots [] 89 0 obj endobj << endobj << endobj endobj >> endobj endobj 8. 49. /MediaBox [0 0 612 792] /Contents [242 0 R 243 0 R 244 0 R] /MediaBox [0 0 612 792] >> /Type /Page prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. endobj /Contents [402 0 R 403 0 R 404 0 R] << endstream /Rotate 0 Alexdex. /Annots [] /Contents [406 0 R 407 0 R 408 0 R] ( >> 21. 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." /Resources 249 0 R /Rotate 0 ( /Type /Page /CropBox [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. /CropBox [0 0 612 792] /Parent 13 0 R 2. Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. 3. 76 0 obj >> A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . endobj /Parent 14 0 R Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages. /Rotate 0 /Type /Page Allied is the nation's second largest waste hauling and disposal company. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! C. Reduction in Competition As a Consequence of the Acquisition. This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. } !1AQa"q2#BR$3br stream /MediaBox [0 0 612 792] ( /Rotate 0 << /CropBox [0 0 612 792] << >> /Type /Page /Rotate 0 /MediaBox [0 0 612 792] endobj 6. 63 0 obj << /Resources 309 0 R 0000003868 00000 n <<14CA263718F8354CB34DA495C0495A29>]>> ( /Parent 8 0 R Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. /Type /Page 0000002929 00000 n /MediaBox [0 0 612 792] /Contents [246 0 R 247 0 R 248 0 R] /Rotate 0 /CropBox [0 0 612 792] /MediaBox [0 0 612 792] << Thus, roll-off waste collection service is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. /Type /Page 76 0 obj <> endobj /CropBox [0 0 612 792] Allied and Republic directly compete in small container commercial waste collection service in a number of markets nationwide, including the areas of: Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA. /Resources 101 0 R endobj 68. Does the injunction provide broad or limited relief? The Anderson, IN and New York City, NY areas are therefore sections of the country, or relevant geographic markets, for purposes of analyzing the competitive effects of the acquisition under Section 7 of the Clayton Act. /Type /Page /Type /Page << 51. #%$""!&+7/&)4)! 83.40 et seq. /Resources 253 0 R /MediaBox [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 . endobj - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. /Type /Page /Contents [310 0 R 311 0 R 312 0 R] /Contents [210 0 R 211 0 R 212 0 R] /Type /Pages /Parent 10 0 R /Contents [298 0 R 299 0 R 300 0 R] 60. ]\q( $QSRP@=8`) $CC16 PI_ XL "0A149;>>>%.DIC; C 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. /Parent 8 0 R Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . /Rotate 0 /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] ( 45], filed on August 192021, . >> /Resources 333 0 R endobj << >> For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. ( 81 0 obj >> 27. /Annots [] Often businesses do not consider the implications for taking this action. /Resources 121 0 R See also Chapter 224.08, Special Acts of Florida, 1943. /Resources 365 0 R 32. /Resources 125 0 R /Resources 281 0 R This is a must-watch video before you consider whether to sue for injunction. /Rotate 0 6. 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. (2001). 29. endobj /CropBox [0 0 612 792] 61. /Annots [] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Parent 12 0 R 33. /MediaBox [0 0 612 792] Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida. /Annots [] ( /Annots [] 83 0 obj >> 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. /Resources 161 0 R /MediaBox [0 0 612 792] /Parent 10 0 R /MediaBox [0 0 612 792] /Annots [] /CropBox [0 0 612 792] 0000000592 00000 n "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. /Contents [374 0 R 375 0 R 376 0 R] /Contents [146 0 R 147 0 R 148 0 R] /Annots [] /Rotate 0 endobj /Annots [] /CropBox [0 0 612 792] /Annots [] To access the presentation, visit YouTube or click play on the embedded image below. 18. << /Rotate 0 (ECF No. 74 0 obj In 1999, Allied reported total revenues of approximately $6 billion. /Resources 313 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. 4. /Contents [378 0 R 379 0 R 380 0 R] /CropBox [0 0 612 792] 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. /Contents [286 0 R 287 0 R 288 0 R] /CropBox [0 0 612 792] An official website of the United States government. /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Resources 117 0 R /CropBox [0 0 612 792] >> In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /Annots [] 42. For a number of reasons, landfills may not be located close to where the waste is generated. 2 0 obj /Type /Page /Annots [] 67. /Type /Page That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. >> /CropBox [0 0 612 792] 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. /Type /Page /Type /Page 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. 0000001536 00000 n /CropBox [0 0 612 792] 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; /Annots [] endstream endobj 29 0 obj <>stream /Resources 109 0 R "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. >> Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? 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. 4. >> After the acquisition, Republic would control over 50 percent--and two firms about 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $22 million. 27 0 obj 93 0 obj (ECF No. /Type /Page 82 0 obj /Contents [118 0 R 119 0 R 120 0 R] /MediaBox [0 0 612 792] >> 7402(a) to prevent such conduct. /Contents [170 0 R 171 0 R 172 0 R] /Rotate 0 endobj >> /Annots [] 3. 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. /Resources 157 0 R /MediaBox [0 0 612 792] endobj /Rotate 0 0000006750 00000 n << 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 THIS COURT'S POWER TO GRANT RELIEF 84. In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. 44 0 obj 66 0 obj An individual commercial customer typically generates substantially more MSW than a residential customer. The Macon, GA area is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the ClaytonAct. 94 0 obj /Resources 409 0 R /Type /Page /Type /Page