complaint for injunctive relief florida

not /Annots [] endobj /Annots [] Parties 13. /MediaBox [0 0 612 792] /Type /Page 71 0 obj 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. /Type /Page 35. prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. 48. 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 $31 million. /Resources 117 0 R SOUTHERN DISTRICT OF FLORIDA . /Rotate 0 49. The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. There may be disclosure of confidential information such as trade secrets. judgment, and preliminary and permanent injunctive relief and damages. /Parent 8 0 R ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. /Contents [298 0 R 299 0 R 300 0 R] >> >> 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. 52. /Annots [] /Annots [] xref In 1999, Allied reported total revenues of approximately $6 billion. << /CropBox [0 0 612 792] /Rotate 0 /Rotate 0 << Transactions that increase the HHI by more than 100 points in highly concentrated markets presumptively raise antitrust concerns under the Horizontal Merger Guidelines issued by the U.S. Department of Justice and the Federal Trade Commission. /Parent 14 0 R /Contents [374 0 R 375 0 R 376 0 R] /CropBox [0 0 612 792] This is a must-watch video before you consider whether to sue for injunction. /Parent 4 0 R /Annots [] << /Annots [] /Resources 377 0 R >> MSW does not include special handling waste (e.g., waste from manufacturing processes, regulated medical waste, sewage, and sludge), hazardous waste, or waste generated by construction or demolition sites. 0000001149 00000 n 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. /MediaBox [0 0 612 792] x+ | VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. << /MediaBox [0 0 612 792] /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) The extension ofvote-by-mail options and other accommodations at polling places is necessary. Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. /Type /Page ( /Rotate 0 >> /Parent 10 0 R "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. 47 0 obj << Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). The length of the presentation is 46:09. /Resources 189 0 R %%EOF /Resources 281 0 R 77 0 obj /Parent 11 0 R /Parent 12 0 R ( endobj provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. This document is available in two formats: this web page (for browsing content) and. << >> "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. endobj /Type /Page /Contents [314 0 R 315 0 R 316 0 R] << JURISDICTION AND VENUE 1. endobj /Parent 9 0 R If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050. 0000000556 00000 n . 22 and 28 U.S.C. << << >> /Type /Page /MediaBox [0 0 612 792] /Type /Page ( /MediaBox [0 0 612 792] /Type /Page 1114 Trademark Infringement . relief pursuant to Chapter 86, Florida Statutes. /Resources 381 0 R 1 0 obj To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. It is engaged in providing waste collection and disposal services throughout the United States. /MediaBox [0 0 612 792] << In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. 0000002235 00000 n 8 0 obj /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. /Annots [] /Parent 12 0 R "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. 0000000016 00000 n <>>> endobj 0000002992 00000 n ( /Parent 11 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. Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. /Type /Page >> /Resources 333 0 R C. Reduction in Competition As a Consequence of the Acquisition. ( 76 0 obj 2322 0 obj<>stream << /Contents [362 0 R 363 0 R 364 0 R] endobj /Annots [] Roll-off waste collection customers typically generate bulkier items of waste and/or substantially larger volumes of waste than residential or small container commercial waste customers from sources such as construction sites or industrial plants. /Resources 393 0 R hbbd`b`rfb`gb` # /Resources 113 0 R /Rotate 0 /MediaBox [0 0 612 792] The Corps' environmental analysis for this project is based on the same assumptions and /Parent 7 0 R /Parent 8 0 R Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for /Contents [122 0 R 123 0 R 124 0 R] <> /Parent 11 0 R /Annots [] 27. See Merger Guidelines 1.51. /CropBox [0 0 612 792] ? /CropBox [0 0 612 792] >> >> In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. %%EOF This is an action for permanent injunctive relief, declaratory relief, and 28. 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. Amended Complaint "Motion") [ECF(the No. Copyright 2008-2023 Jimerson Birr, P.A. << /Type /Page /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 [] /Contents [138 0 R 139 0 R 140 0 R] >> /Rotate 0 39. /Type /Page /Annots [] >> 24. 68. 45], filed on August 192021, . 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. >> 52 0 obj This Court has supplemental jurisdiction over the State of Florida's state claims pursuant to COMPLAINT -3-q;;m: @ii$$1$$ &JIIJAI JKQI !.1 i&%iiM tv . 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. "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. /Contents [370 0 R 371 0 R 372 0 R] /Count 9 /Parent 10 0 R The President of the United States and the Governor of Florida have each declared a state of emergency. Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . << 29 0 obj After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. endobj /MediaBox [0 0 612 792] /MediaBox [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; /Contents [178 0 R 179 0 R 180 0 R] endobj /MediaBox [0 0 612 792] SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream /CropBox [0 0 612 792] /Parent 8 0 R /CropBox [0 0 612 792] /Contents [262 0 R 263 0 R 264 0 R] /Parent 7 0 R 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. ( These differences mean that roll-off waste collection firms can profitably increase their charges for roll-off waste collection services without losing significant sales or revenues to firms engaged in the provision of other types of waste collection services. /CropBox [0 0 612 792] /Parent 8 0 R stream /Type /Pages "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. endobj /Count 10 /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] endobj 62 0 obj This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. /CropBox [0 0 612 792] 44. /Parent 4 0 R 26. /Type /Pages /Contents [114 0 R 115 0 R 116 0 R] << /Contents [302 0 R 303 0 R 304 0 R] 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. 2. /Annots [] endobj /Rotate 0 53. /Contents [162 0 R 163 0 R 164 0 R] << The extension of vote-by-mail options and other accommodations at polling places is necessary. << << This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream /Annots [] /Type /Page /Length 3282 << 2320 14 /Resources 353 0 R /Type /Page /Resources 149 0 R >> /Resources 145 0 R >> << 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 Louisville, KY/Sellersburg, IN area. /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. 23. /MediaBox [0 0 612 792] /Resources 109 0 R >> 76 13 ( /Resources 229 0 R /MediaBox [0 0 612 792] /Annots [] /CropBox [0 0 612 792] /Parent 12 0 R ( /Rotate 0 /Rotate 0 /MediaBox [0 0 612 792] 88 0 obj << << /Parent 7 0 R /CropBox [0 0 612 792] /Resources 325 0 R 86 0 obj /Resources 373 0 R << Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. /Count 10 0 Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. /Resources 97 0 R /Rotate 0 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . >> /Contents [390 0 R 391 0 R 392 0 R] Rather, its about dealing with the future, not something that happened in the past. /Parent 8 0 R Section 13(b) of the FTC Act, 15 U.S.C. /CropBox [0 0 612 792] /Annots [] JacqmeinV It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. ( /Parent 13 0 R endobj /Rotate 0 /Parent 11 0 R /Annots [] 54 0 obj /Contents [194 0 R 195 0 R 196 0 R] >> /Annots [] 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. >> 24 0 obj 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. As a result, Austin begins the presentation by sharing some of the things you should think about before pursuing an injunction: There is a lot on the line. Therefore, it should not be a decision made lightly. 6. An individual commercial customer typically generates substantially more MSW than a residential customer. 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." /Parent 13 0 R 0000003404 00000 n /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. /Annots [] To access the presentation, visit YouTube or click play on the embedded image below. /CropBox [0 0 612 792] &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id (ECF No. /Rotate 0 "Anderson, IN area" means the City of Anderson and Madison County, Indiana. Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . /Parent 8 0 R << /Contents [326 0 R 327 0 R 328 0 R] endstream endobj 29 0 obj <>stream /MediaBox [0 0 612 792] /Type /Page >> 85 0 obj >> /MediaBox [0 0 612 792] /Contents [154 0 R 155 0 R 156 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. /Type /Pages /Parent 13 0 R >> /Rotate 0 /Annots [] Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. /Rotate 0 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. << 31 0 obj /Rotate 0 /Annots [] /Rotate 0 endobj Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. /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] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Parent 14 0 R /MediaBox [0 0 612 792] /Parent 11 0 R /Parent 9 0 R /Annots [] 2201 a nd 2202. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] << /Count 10 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. /Contents [358 0 R 359 0 R 360 0 R] /CropBox [0 0 612 792] Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. 21. Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. 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. /Type /Page /Annots [] 3. 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. 0000000879 00000 n COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . /Parent 9 0 R /Parent 10 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. An official website of the United States government. ( /Annots [] 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. 83.40 et seq. 2320 0 obj<> endobj 50. /Parent 4 0 R "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. /MediaBox [0 0 612 792] >> 81 0 obj /MediaBox [0 0 612 792] /Length 1411 /CropBox [0 0 612 792] << endobj >> /Type /Page See also Chapter 224.08, Special Acts of Florida, 1943. In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. 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. /Resources 385 0 R >> Garcia is a resident of North Lauderdale, Fl orida. 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. PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . 92 0 obj 33 0 obj stream /Rotate 0 /Parent 10 0 R /MediaBox [0 0 612 792] /Parent 12 0 R << /Parent 12 0 R /Contents [242 0 R 243 0 R 244 0 R] 60. >> /CropBox [0 0 612 792] 9. >> Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /Annots [] << The City changed its name from "New 12. << /Parent 9 0 R endobj /Parent 8 0 R /Contents [406 0 R 407 0 R 408 0 R] /CropBox [0 0 612 792] 73 0 obj << 10 0 obj 11 0 obj /Type /Page /Type /Page On August 20, . endobj >> trailer The United States is entitled to injunctive relief under 26 U.S.C. /Annots [] /Type /Page 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] 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. /Resources 309 0 R For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. /Type /Page 44 0 obj /Annots [] /MediaBox [0 0 612 792] /Contents [226 0 R 227 0 R 228 0 R] /Annots [] /CropBox [0 0 612 792] endobj << 42 0 obj endobj /Creator (PScript5.dll Version 5.2.2) On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. /Annots [] 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? 21-81099-CIV-CANNON/Reinhart . << Defendant is defined as a "Public Accommodation" within meaning of Title III 8. >> 29. /Annots [] ( 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. 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. /Contents [246 0 R 247 0 R 248 0 R] 25 0 obj 94 0 obj /Resources 237 0 R 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. << 48 0 obj 76 0 obj <> endobj 7 0 obj 69 0 obj /Contents [378 0 R 379 0 R 380 0 R] 31 0 obj <>stream >> 3. endobj Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. endobj /Contents [318 0 R 319 0 R 320 0 R] >> /Annots [] /Type /Pages >> /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 21 0 obj /Resources 177 0 R /Parent 10 0 R /Parent 11 0 R 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. /CropBox [0 0 612 792] 55. /Type /Page Republic is engaged in providing waste collection and disposal services throughout the United States. endobj endobj 2018 to May 6, 2021. 33. /CropBox [0 0 612 792] 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. 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. 61. /Type /Page <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> 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 193 0 R /MediaBox [0 0 612 792] 0000000592 00000 n endobj 69. 1391(c). 0000002929 00000 n /CropBox [0 0 612 792] /Type /Pages /Resources 313 0 R >> << ( 36 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.

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