/CreationDate (D:20220824140929-04'00') /Rotate 0 18 0 obj endobj 45 0 obj /CropBox [0 0 612 792] << /Rotate 0 US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. 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. endobj 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. >> 0000001317 00000 n JFIF C To access the presentation, visit YouTube or click play on the embedded image below. endobj /Type /Page >> /Parent 8 0 R 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. endobj endobj That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. /Resources 293 0 R 19. /Type /Page 84 0 obj /Annots [] /Contents [338 0 R 339 0 R 340 0 R] GsYzQh50ee' >> << /MediaBox [0 0 612 792] 10. /Resources 337 0 R ( endobj endobj endobj Anderson, IN and New York City, NY are two such areas. 87 0 obj /Annots [] endobj 31 0 obj /Resources 169 0 R 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. /MediaBox [0 0 612 792] ( /CropBox [0 0 612 792] /Contents [350 0 R 351 0 R 352 0 R] There may be disclosure of confidential information such as trade secrets. ( The customer's MSW is stored in much smaller containers (e.g., garbage bags or trash cans) and instead of FEL trucks, waste collection firms routinely use REL or side-load trucks, manned by larger crews (usually, two-or three-person teams). /Contents [174 0 R 175 0 R 176 0 R] The United States of America, acting under the direction of the Attorney General of the United States, brings this civil antitrust action to enjoin the acquisition of certain waste hauling and disposal assets by Defendants Allied Waste Industries, Inc. ("Allied") and Republic Services, Inc. ("Republic") and to obtain equitable relief and other relief as appropriate. ( /Type /Pages 74 0 obj /Parent 8 0 R ? endobj /MediaBox [0 0 612 792] In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. /Resources 209 0 R /Annots [] /Type /Page /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. /Annots [] stores and restaurants). Defendant is defined as a "Public Accommodation" within meaning of Title III /Type /Page << . /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 2201 a nd 2202. << /Resources 105 0 R This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. /Rotate 0 endobj /Annots [] /CropBox [0 0 612 792] >> Official websites use .gov 63 0 obj 9 0 obj 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). 22 0 obj /CropBox [0 0 612 792] 55 0 obj Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. 2. /Contents [282 0 R 283 0 R 284 0 R] 2 0 obj /CropBox [0 0 612 792] >> /Type /Page >> /Resources 393 0 R /Rotate 0 ( endobj MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. >> << >> 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 66 0 obj /Rotate 0 /Rotate 0 /Annots [] /Annots [] <>>> It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. endobj 8 0 obj 41 0 obj 5. /CropBox [0 0 612 792] /Type /Page 0000001994 00000 n 55. /Parent 4 0 R 52. >> <> In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. PDF United States District Court Northern District of Florida Pensacola 88 0 obj /Contents [246 0 R 247 0 R 248 0 R] 48 0 obj /Resources 297 0 R Plaintiff LEAGUE OF WOMEN VOTERS OF FLORIDA ("LWVF" or the "League") is the Florida affiliate of the League of Women Voters of the United States. 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. Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. /Type /Page /CropBox [0 0 612 792] ( In the event of a small but significant increase in the price of the disposal of MSW in the Anderson, IN or New York City, NY areas, haulers of MSW generated in each area would not turn to disposal facilities outside their area. /Resources 329 0 R >> endobj 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 /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. /Type /Page 6. >> /Resources 369 0 R endstream PDF Verified Second Amended Complaint for Injunctive and Declaratory Relief 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. endobj << (PC) Carroll v. Vallejo Police Department, et al., No. 1:2023cv00004 << A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. /Contents [162 0 R 163 0 R 164 0 R] /Annots [] /Type /Page PDF Motion for Summary Judgment - Liberty Counsel << Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. /Rotate 0 Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. /Length 1411 Because of its characteristics (e.g. 16. 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. 26 0 obj 0000006750 00000 n /Type /Page 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. PDF Complaint for injunction and declaratory relief /ModDate (D:20220824143048-04'00') 32. 0000001563 00000 n Charles B. Jimerson /CropBox [0 0 612 792] /MediaBox [0 0 612 792] 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 $5 million. /Resources 117 0 R /Annots [] /Parent 9 0 R endobj 63. /Type /Page /Type /Page Complaint for Injunctive Relief | ATR | Department of Justice REPUBLIC SERVICES, INC., 110 S.E. Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. /Type /Page Pursuant to the purchase agreements, Allied would acquire from Superior: hauling assets in Albany, New York; hauling assets in Augusta, Georgia; hauling assets in Memphis, Nashville and Clarksville, Tennessee; disposal assets in New York, New York; hauling assets in Norfolk, Virginia; and hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida. /Parent 12 0 R /Annots [] ( >> << /Annots [] 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. endobj xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC /Contents [326 0 R 327 0 R 328 0 R] /Annots [] Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 %PDF-1.4 % /S /D /MediaBox [0 0 612 792] >> endobj The Corps' environmental analysis for this project is based on the same assumptions and 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . 47. "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. /Contents [298 0 R 299 0 R 300 0 R] 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. /Resources 309 0 R /CropBox [0 0 612 792] >> /Annots [] /Contents [118 0 R 119 0 R 120 0 R] /Contents [278 0 R 279 0 R 280 0 R] 1331 and 1337. /MediaBox [0 0 612 792] >> 7 0 obj /MediaBox [0 0 612 792] 56. /MediaBox [0 0 612 792] prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. 2320 14 endobj /Rotate 0 Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. /Type /Page In such areas, many of the problems associated with the permitting and construction of a landfill could make it difficult to permit and construct a transfer station. /MediaBox [0 0 612 792] endobj 6. /Contents [274 0 R 275 0 R 276 0 R] /Resources 273 0 R /MediaBox [0 0 612 792] 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . 17. /Rotate 0 /CropBox [0 0 612 792] /Type /Page 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. /Type /Pages /Annots [] >> /Type /Page /MediaBox [0 0 612 792] /Type /Page /Resources 241 0 R 15. x1 04) F&`/MFWxC. /Rotate 0 /Parent 7 0 R /MediaBox [0 0 612 792] endobj /Contents [390 0 R 391 0 R 392 0 R] CASE NO. /CropBox [0 0 612 792] The President of the United States and the Governor of Florida have each declared a state of emergency. 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. MSW has physical characteristics that readily distinguish it from other liquid or solid waste. endobj /Contents [398 0 R 399 0 R 400 0 R] << /Rotate 0 14 0 obj /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Annots [] ]\q( $QSRP@=8`) $CC16 PI_ XL JacqmeinV /Kids [15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R] Less frequently, haulers may use more maneuverable, but less efficient, rear-end loader ("REL") trucks, especially in those areas in which a collection route includes narrow alleyways or streets. 22 and 28 U.S.C. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Parent 9 0 R 25. endobj 83 0 obj /Count 10 8. Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). 2018 to May 6, 2021. /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) << Each of these areas is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. H*23430P AsKN$r{(s /Type /Pages 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. /Parent 13 0 R /Contents [382 0 R 383 0 R 384 0 R] Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . The next step is careful preparation before the temporary injunction hearing. /Type /Page 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 . 57. >> /Contents [98 0 R 99 0 R 100 0 R] /Annots [] Republic is engaged in providing waste collection and disposal services throughout the United States. /Resources 153 0 R /MediaBox [0 0 612 792] 45. >> /CropBox [0 0 612 792] xref PDF Complaint for Permanent Injunction and Other Equitable Relief .+p>hPhb4yiK=c`/XOv@|fe`iY /Annots [] >> << /Resources 133 0 R endobj >> /CropBox [0 0 612 792] /Contents [150 0 R 151 0 R 152 0 R] /Contents [158 0 R 159 0 R 160 0 R] << endobj /Rotate 0 /Annots [] /Resources 189 0 R << /Rotate 0 endobj PDF Florida Small Claims Rules Annotated 2020 - The Florida Bar /Annots [] /Type /Page provide relief to all the individuals affected by APD's action. %%EOF << 91 0 obj 0000000016 00000 n /Type /Page /MediaBox [0 0 612 792] /Type /Page /Rotate 0 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. /Rotate 0 >> WEST PALM BEACH DIVISION . /Parent 12 0 R (2001). In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. 0000003946 00000 n /Parent 13 0 R 4. Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . 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. /Count 10 1391, . 42 0 obj /Annots [] /Contents [234 0 R 235 0 R 236 0 R] 40. #%$""!&+7/&)4)! /CropBox [0 0 612 792] 6th Street Ft. Lauderdale, FL 33301 Defendants. Complaint for Injunctive Relief and Civil Penalties | US EPA /MediaBox [0 0 612 792] /Contents [122 0 R 123 0 R 124 0 R] "MSW" means municipal solid waste, a term of art used to describe solid putrescible waste generated by households and commercial establishments such as retail stores, offices, restaurants, warehouses, and non-manufacturing activities in industrial facilities. 93 0 obj 51 0 obj 39 0 obj 23 0 obj <> endobj 28 0 obj <>/Filter/FlateDecode/ID[<2A277BAC2070266E6BF2C2060AD46B2B>]/Index[23 11]/Info 22 0 R/Length 49/Prev 24323/Root 24 0 R/Size 34/Type/XRef/W[1 2 1]>>stream /Annots [] /Rotate 0 2. /Contents [310 0 R 311 0 R 312 0 R] ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. /MediaBox [0 0 612 792] << /Parent 14 0 R /Parent 13 0 R /MediaBox [0 0 612 792] Does the temporary injunction preserve the Status Quo or does it make a change? This action is brought to not /Parent 11 0 R /Type /Page /Annots [] /Annots [] "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. ( 76 0 obj /Type /Page Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . /MediaBox [0 0 612 792] >> endobj 4. /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] << 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. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] >> endobj 3. 21-81099-CIV-CANNON/Reinhart . /PageLabels 3 0 R /MediaBox [0 0 612 792] ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . 44 0 obj /Parent 13 0 R 86 0 obj >> /MediaBox [0 0 612 792] endobj ( Allied is the nation's second largest waste hauling and disposal company. stream 5. 68 0 obj /Contents [202 0 R 203 0 R 204 0 R] /Type /Page %PDF-1.3 % The extension of vote-by-mail options and other accommodations at polling places is necessary. /MediaBox [0 0 612 792] 83.40 et seq. /Annots [] hb```"FN%n010pKsg``Z ^^@Y"bL38/4F `} endstream endobj 24 0 obj <> endobj 25 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 26 0 obj <>stream /Rotate 0 /Type /Page /Type /Page >> /Type /Page 7. /MediaBox [0 0 612 792] M`5`i`F{qZ /Annots [] PDF Complaint for Injunctive Relief, Damages, /CropBox [0 0 612 792] ( /Contents [342 0 R 343 0 R 344 0 R] /Rotate 0 3 0 obj /Type /Pages endobj /Parent 4 0 R 0 hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream /Contents [214 0 R 215 0 R 216 0 R] 0000002992 00000 n For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. 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. endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream 33. /Parent 10 0 R startxref 89 0 obj /Type /Page 50 0 obj 0000000592 00000 n << endobj /Resources 361 0 R /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] K.A%aut\@Uaa[pVWnOe 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. /Resources 325 0 R 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. Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. /MediaBox [0 0 612 792] /Type /Page endobj ( 41. endobj /Annots [] /CropBox [0 0 612 792] >> 75 0 obj /Rotate 0 << 90 0 obj How long will the injunction be effective? ( /Annots [] 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 $18 million. /Annots [] /Type /Page << ( EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. 56 0 obj /MediaBox [0 0 612 792] DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. 18. /Rotate 0 /Contents [394 0 R 395 0 R 396 0 R] clearly appears from specific facts shown by affidavit or by verified complaint that immediate or /Type /Page xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 This document is available in two formats: this web page (for browsing content) and. : 01-42230-BKC-AJC . /Rotate 0 /Parent 8 0 R << PDF COMPLAINT FOR PERMANENT INJUNCTION - United States Department of Justice /Parent 8 0 R To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. endobj 19 0 obj /Parent 10 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. Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing << /CropBox [0 0 612 792] 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. Microsoft Word - 2022-08-24 - Complaint - FINAL 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 10 0 R xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. endobj ( "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. /Contents [334 0 R 335 0 R 336 0 R] 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . >> /Rotate 0 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. 7402(a) to prevent such conduct. "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. 0 /Parent 8 0 R 9. /Contents [290 0 R 291 0 R 292 0 R] Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. /Contents [102 0 R 103 0 R 104 0 R] 33 0 obj /CropBox [0 0 612 792] endobj An official website of the United States government. /Parent 7 0 R 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. /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] /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Contents [322 0 R 323 0 R 324 0 R] /Parent 4 0 R >> 88 0 obj<>stream >> << endobj /Type /Page /Contents [178 0 R 179 0 R 180 0 R] Small Container Commercial Waste Collection Service. /Type /Page endobj 61 0 obj 28 0 obj %PDF-1.5 % >> /Contents [250 0 R 251 0 R 252 0 R] /Resources 229 0 R /MediaBox [0 0 612 792] endobj /Contents [354 0 R 355 0 R 356 0 R] /Rotate 0 /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. 69. 0000001149 00000 n /Type /Page This is an action for injunctive relief. << In the Macon, GA area, the proposed acquisitions would result in Republic controlling more than 60 percent of the roll-off waste collection market at the same time it owns the two primary disposal options which any roll-off competitor would most likely use.

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