( Roll-off waste collection services are generally provided in localized areas because a roll-off truck cannot be efficiently or profitably driven significantly longer distances than those driven by a competitor to collect and dispose of the waste. "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. /Rotate 0 /Parent 13 0 R %PDF-1.5 % /Resources 165 0 R /Author (JacqmeinV) /Type /Page JFIF C /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. /Contents [242 0 R 243 0 R 244 0 R] ( What impact will it have on third-parties and employees? Complaint for Injunctive Relief . 6th Street Ft. Lauderdale, FL 33301 Defendants. >> 17. /Annots [] 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 229 0 R /Contents [334 0 R 335 0 R 336 0 R] 18. endobj /Annots [] 52. /Rotate 0 On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). 6. 37. 69. << /Type /Page /Type /Page /Parent 10 0 R Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for >> /Resources 217 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 . /Type /Page 49 0 obj /Type /Page /Annots [] 14 0 obj Should you request a temporary injunction or push quickly for final permanent injunction. /CropBox [0 0 612 792] /Annots [] /Contents [158 0 R 159 0 R 160 0 R] /CropBox [0 0 612 792] endobj Page 3 of 15 7. /Type /Page 3. 12102(1)-(2), the regulations implementing the . /Rotate 0 << /Type /Page JURISDICTION AND VENUE 1. /Rotate 0 /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] 21. /Rotate 0 << 88 0 obj /Resources 237 0 R endobj COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . endobj /Rotate 0 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 257 0 R COMPLAINT FOR INJUNCTIVE, DECLARATORY RELIEF, AND DAMAGES Plaintiff, STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS sues Defendant, TODD TEAL d/b/a WALTER A. SMITH, SNUFFY SMITH, (TEAL) and alleges: NATURE OF THE ACTION 1. >> See also Chapter 224.08, Special Acts of Florida, 1943. 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. Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing 1391, . /Contents [402 0 R 403 0 R 404 0 R] endobj Finally, prices for small container service are influenced principally by the density of the routes served by each vehicle; prices for roll-off services are influenced primarily by the distance of the customer's location from the hauler's location and the disposal site, the time required to travel those distances, and the cost of disposal at the disposal site. /Contents [330 0 R 331 0 R 332 0 R] Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . 2018 to May 6, 2021. << endobj << /MediaBox [0 0 612 792] /Contents [134 0 R 135 0 R 136 0 R] >> ( /CropBox [0 0 612 792] endstream endobj 29 0 obj <>stream /Count 10 endobj /Contents [262 0 R 263 0 R 264 0 R] 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. Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . >> ( /Resources 285 0 R /Rotate 0 endobj Copyright 2008-2023 Jimerson Birr, P.A. Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. << /Parent 10 0 R << U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. THIS COURT'S POWER TO GRANT RELIEF 84. /Contents [126 0 R 127 0 R 128 0 R] 20 0 obj 2201 a nd 2202. /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> 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. /MediaBox [0 0 612 792] /Annots [] /Rotate 0 endobj /Parent 8 0 R /Count 10 /Type /Page REPUBLIC SERVICES, INC., 110 S.E. >> << /Parent 7 0 R /Rotate 0 endstream endobj startxref /CropBox [0 0 612 792] 54. /Resources 189 0 R /Rotate 0 /Annots [] 9 0 obj /Parent 7 0 R judgment, and preliminary and permanent injunctive relief and damages. /Contents [154 0 R 155 0 R 156 0 R] /Parent 12 0 R 65 0 obj IV. >> /Type /Page /Rotate 0 50. /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Annots [] %PDF-1.5 endobj 0000002929 00000 n /Count 10 /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] ("MFS"), is a Florida corporation that has a principal place of . On a typical small container commercial waste collection route, an operator drives a FEL vehicle to the customer's container, engages a mechanism that grasps and lifts the container over the front of the truck, and empties the container into the vehicle's storage section, where the waste is compacted and stored. /Contents [138 0 R 139 0 R 140 0 R] hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. >> /CropBox [0 0 612 792] /Annots [] WEST PALM BEACH DIVISION . endobj "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. /Type /Pages /Resources 277 0 R This form is a Complaint for Injunctive Relief and Damages. The likely effect of these acquisitions is to substantially lessen competition and to tend to create a monopoly in interstate trade and commerce in violation of Section 7 of the Clayton Act. 68 0 obj Share sensitive information only on official, secure websites. "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. /MediaBox [0 0 612 792] . /Parent 9 0 R /Resources 405 0 R /Parent 7 0 R /MediaBox [0 0 612 792] endobj 15. 4 0 obj 2 0 obj /Contents [222 0 R 223 0 R 224 0 R] /Annots [] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Annots [] /Resources 169 0 R 59 0 obj /CropBox [0 0 612 792] /Resources 269 0 R /Parent 13 0 R /Parent 14 0 R 61. 64. /Resources 329 0 R /Rotate 0 "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. <>>> /Resources 249 0 R hear the plaintiff's claim for declaratory and injunctive relief because the plaintiff alleged an amount in controversy in excess of $15,000; which obviously, is due to the fact that . << /MediaBox [0 0 612 792] /Contents [342 0 R 343 0 R 344 0 R] >> 1 0 obj The President of the United States and the Governor of Florida have each declared a state of emergency. /MediaBox [0 0 612 792] /Contents [390 0 R 391 0 R 392 0 R] /Type /Pages /Type /Page /Rotate 0 /CropBox [0 0 612 792] endobj >> >> ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. endobj /Type /Page /Parent 7 0 R } !1AQa"q2#BR$3br 19 0 obj /Annots [] /Parent 8 0 R 45. The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. There may be disclosure of confidential information such as trade secrets. << /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? << 47 0 obj "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. /Resources 185 0 R /Resources 389 0 R In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. Microsoft Word - 2022-08-24 - Complaint - FINAL /Rotate 0 /Rotate 0 stream To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. /Parent 7 0 R /MediaBox [0 0 612 792] /Contents [122 0 R 123 0 R 124 0 R] 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. 2201-202, and . 22408. /Resources 125 0 R 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. ( /Type /Page endobj It is engaged in providing waste collection and disposal services throughout the United States. 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. /Type /Page /CropBox [0 0 612 792] /MediaBox [0 0 612 792] 7 0 obj /Type /Page /Metadata 2 0 R In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. 91 0 obj This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. << >> 48. >> /CropBox [0 0 612 792] 75 0 obj endobj /CropBox [0 0 612 792] The acquisitions by Allied and Republic would remove a significant competitor in small container commercial waste collection service, roll-off waste collection service, and/or the disposal of MSW, in already highly concentrated and difficult-to-enter markets. >> /Resources 201 0 R /Annots [] << /Contents [314 0 R 315 0 R 316 0 R] In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. This document is available in two formats: this web page (for browsing content) and. >> /Contents [98 0 R 99 0 R 100 0 R] /Rotate 0 /Annots [] << Pursuant to the purchase agreements, Allied would acquire from Superior: hauling assets in Albany, New York; hauling assets in Augusta, Georgia; hauling assets in Memphis, Nashville and Clarksville, Tennessee; disposal assets in New York, New York; hauling assets in Norfolk, Virginia; and hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida. /CropBox [0 0 612 792] On August 20, . In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. 24. endobj SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. /MediaBox [0 0 612 792] Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit endobj Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. #%$""!&+7/&)4)! >> /Contents [398 0 R 399 0 R 400 0 R] /CropBox [0 0 612 792] /Resources 225 0 R /Contents [354 0 R 355 0 R 356 0 R] /Resources 141 0 R Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. 7402(a) to prevent such conduct. As such, following the process to the tee will help improve your chances for success. "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. 66 0 obj /MediaBox [0 0 612 792] << /Contents [358 0 R 359 0 R 360 0 R] /Resources 293 0 R /Parent 11 0 R /Type /Page >> 57 0 obj This action is brought to /Annots [] 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. . /MediaBox [0 0 612 792] 29. << 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. /Parent 4 0 R Allied is the nation's second largest waste hauling and disposal company. 26. /CropBox [0 0 612 792] COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . 39 0 obj endobj 8 0 obj /Rotate 0 endobj After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. >> 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. 79 0 obj /Annots [] Suing for an injunction in Florida is all about preserving the status quo. "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 357 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. This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. 0000000592 00000 n >> /CropBox [0 0 612 792] /Annots [] /Resources 341 0 R /Resources 337 0 R /Contents [350 0 R 351 0 R 352 0 R] /Annots [] ( 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. 10941 and Laws of Florida, Ch. << /Rotate 0 endobj /Contents [370 0 R 371 0 R 372 0 R] Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. 44 0 obj >> /Resources 161 0 R >> 42. /Contents [186 0 R 187 0 R 188 0 R] /Contents [318 0 R 319 0 R 320 0 R] << Because of its characteristics (e.g. /CropBox [0 0 612 792] /Type /Page /Parent 9 0 R The proposed acquisition would reduce from four to three the number of significant firms that compete in small container commercial waste collection service in the Memphis, TN area. 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. >> endobj 1 0 obj /CropBox [0 0 612 792] 55. << /Parent 7 0 R % /MediaBox [0 0 612 792] ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . endobj 22. /Filter /FlateDecode /CropBox [0 0 612 792] /CropBox [0 0 612 792] /MediaBox [0 0 612 792] 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. /MediaBox [0 0 612 792] /Parent 8 0 R /MediaBox [0 0 612 792] 11 0 obj 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. /Parent 8 0 R /Contents [194 0 R 195 0 R 196 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. /Parent 4 0 R /Resources 145 0 R /Type /Page << << endobj /Annots [] /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. /Contents [270 0 R 271 0 R 272 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. 3601, et seq. Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. 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. 5. /Contents [302 0 R 303 0 R 304 0 R] /Type /Page << "Small container commercial waste collection service" means the business of collecting MSW from commercial and industrial accounts, usually in "dumpsters" (i.e., a small container with one to ten cubic yards of storage capacity), and transporting or "hauling" such waste to a disposal site by use of a front-or rear-end loader truck. 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. /Resources 409 0 R 74 0 obj 34 0 obj 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. /Resources 397 0 R The Corps' environmental analysis for this project is based on the same assumptions and Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. endobj 0000001149 00000 n /MediaBox [0 0 612 792] endobj /Contents [178 0 R 179 0 R 180 0 R] /MediaBox [0 0 612 792] 78 0 obj endobj /MediaBox [0 0 612 792] 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. /Type /Page Therefore, its important to not consider it a tool for righting a wrong. << /Contents [94 0 R 95 0 R 96 0 R] INTRODUCTION . endobj 12. << endobj /Parent 8 0 R /Rotate 0 /Parent 9 0 R /Rotate 0 /Resources 381 0 R The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. << << endobj .t. /Type /Page 87 0 obj 89 0 obj endobj In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. Often businesses do not consider the implications for taking this action. xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. 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. /Annots [] /Type /Page >> /Pages 4 0 R /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Rotate 0 Local small container commercial waste collection firms 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 areas can profitably increase charges to local customers without losing significant sales to more distant competitors. 1114 Trademark Infringement . 40 0 obj 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. "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. /Type /Page (ECF No. /Type /Page /Resources 317 0 R /Rotate 0 /Annots [] After the acquisition, Republic would control over 85 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. /Resources 281 0 R /Type /Page endobj /Rotate 0 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 . H*23430P AsKN$r{(s 2. >> /Parent 4 0 R Date: Wednesday, June 21, 2000 Document Type: Complaint This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). /Count 9 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. /Type /Page /CropBox [0 0 612 792] 31. /Parent 7 0 R /Contents [362 0 R 363 0 R 364 0 R] /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] /MediaBox [0 0 612 792] 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. Does the courts have ability to enforce what you are requesting? JURISDICTION AND VENUE 2.
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