32. 5. /Type /Page judgment, and preliminary and permanent injunctive relief and damages. 63. /Resources 269 0 R 15 0 obj /Rotate 0 /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] IV. << ( 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. The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. 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. /Type /Page ( /Rotate 0 >> ( Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. /Resources 305 0 R /MediaBox [0 0 612 792] >> << 27 0 obj /Parent 9 0 R PDF Complaint for injunction and declaratory relief Haulers, therefore, generally establish garages and related facilities within each major local area served. /Type /Metadata Anderson, IN and New York City, NY are two such areas. 71 0 obj 0000001317 00000 n >> /CropBox [0 0 612 792] << /CropBox [0 0 612 792] D. Entry Into Commercial Waste Collection of MSW. /Annots [] 51 0 obj endobj /Rotate 0 /Parent 11 0 R /MediaBox [0 0 612 792] ( /Parent 10 0 R 82 0 obj /Parent 12 0 R /Type /Page 88 0 obj<>stream /Resources 197 0 R /Rotate 0 >> /Annots [] 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. /Rotate 0 39 0 obj 0000001373 00000 n ( 52. /CropBox [0 0 612 792] endobj >> 0000001149 00000 n The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. >> 53 0 obj /Rotate 0 /Rotate 0 K.A%aut\@Uaa[pVWnOe /Rotate 0 /Type /Page For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. /Resources 397 0 R The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. /Contents [386 0 R 387 0 R 388 0 R] endstream endobj startxref >> /Type /Page /Parent 4 0 R /Rotate 0 "Lakeland, FL area" means Polk County, Florida. /Count 10 /Rotate 0 /Resources 337 0 R PDF Verified Complaint for Damages and Injunctive Relief /Type /Page /CropBox [0 0 612 792] /Annots [] endobj /CropBox [0 0 612 792] >> 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. endobj /Type /Page Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. 28. 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. /Resources 153 0 R /Type /Pages /Rotate 0 /Type /Pages 79 0 obj << /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] INTRODUCTION . /CropBox [0 0 612 792] In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. 45. On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). /Rotate 0 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. /Type /Page /MediaBox [0 0 612 792] /Contents [274 0 R 275 0 R 276 0 R] "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. /Resources 309 0 R endobj >> Suing for an injunction in Florida is all about preserving the status quo. That defendants be permanently enjoined from carrying out the acquisitions of those assets in the separate purchase agreements dated July 28 and October 7, 1999, or from entering into or carrying out any agreement, understanding or plan, the effect of which would be to exchange those assets between the defendants; 3. 70 0 obj /Contents [194 0 R 195 0 R 196 0 R] 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. /S /D 50. >> /Rotate 0 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. 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. /Annots [] /Resources 321 0 R 34. /MediaBox [0 0 612 792] /Type /Page PDF Complaint for Permanent Injunction and Other Equitable Relief This is an action for permanent injunctive relief, declaratory relief, and /Parent 7 0 R /MediaBox [0 0 612 792] /Annots [] 47. 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. /CropBox [0 0 612 792] 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. 9 0 obj The extension ofvote-by-mail options and other accommodations at polling places is necessary. PDF COMPLAINT FOR PERMANENT INJUNCTION - United States Department of Justice /Rotate 0 An individual commercial customer typically generates substantially more MSW than a residential customer. >> prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. /Type /Page Complaint for Emergency Injunctive Relief in Florida Primary 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. 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. /Rotate 0 Often businesses do not consider the implications for taking this action. endobj /Resources 357 0 R 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? /Annots [] /CropBox [0 0 612 792] Complaint for Declaratory Relief in Florida - Trellis >> 72 0 obj endobj THIS COURT'S POWER TO GRANT RELIEF 84. << /Type /Page /Contents [234 0 R 235 0 R 236 0 R] /Annots [] /CropBox [0 0 612 792] 0000001275 00000 n /Contents [114 0 R 115 0 R 116 0 R] << << 2320 14 endobj "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. 0000001563 00000 n /MediaBox [0 0 612 792] "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. 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. /CropBox [0 0 612 792] /Contents [186 0 R 187 0 R 188 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. 57. /Contents [250 0 R 251 0 R 252 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 $28 million. 18. /Resources 217 0 R << /CropBox [0 0 612 792] 83 0 obj << Therefore, its important to not consider it a tool for righting a wrong. << /Parent 12 0 R /Type /Page << 0000000879 00000 n In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. /MediaBox [0 0 612 792] Roll-off waste collection services are generally provided in localized areas because a roll-off truck cannot be efficiently or profitably driven significantly longer distances than those driven by a competitor to collect and dispose of the waste. /Type /Page PDF Complaint for Injunctive and Other Relief and Demand for Jury Trial I /CropBox [0 0 612 792] /Annots [] << 22 and 28 U.S.C. Temporary Injunction - Florida Litigation Guide /Resources 181 0 R ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. Allied is the nation's second largest waste hauling and disposal company. In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. 0 /CropBox [0 0 612 792] << /MediaBox [0 0 612 792] The predictable result is the denial of the vote to untold numbers of Floridians who had planned to vote in person on Election Dayincluding those who are elderly or have health conditions and cannot get to the polls without tremendous risk, university students who are no longer present in their county of registration because their dorms have closed, and those who venture out but encounter long lines and confusion at the polls. Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing 10. /Author (JacqmeinV) 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. /Annots [] << /Rotate 0 /Parent 14 0 R endobj /Resources 273 0 R /MediaBox [0 0 612 792] /Resources 241 0 R >> /Type /Page >> /CropBox [0 0 612 792] /Annots [] /Resources 345 0 R endobj 36 0 obj /Rotate 0 << 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . /Parent 10 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. endobj 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 << /Resources 237 0 R (2001). Plaintiff complains and alleges as follows: 1. << 33 0 obj /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] /Rotate 0 60. 14. /Annots [] /CropBox [0 0 612 792] For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. 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. /Parent 11 0 R /CropBox [0 0 612 792] /Resources 141 0 R /Parent 11 0 R /Resources 369 0 R Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. /Annots [] /CropBox [0 0 612 792] 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 3. /MediaBox [0 0 612 792] /Contents [198 0 R 199 0 R 200 0 R] 29 0 obj 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. /MediaBox [0 0 612 792] /Contents [182 0 R 183 0 R 184 0 R] /CropBox [0 0 612 792] /Contents [210 0 R 211 0 R 212 0 R] endobj 38 0 obj /Type /Pages /Resources 137 0 R 3. endobj /Rotate 0 endobj /MediaBox [0 0 612 792] Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . endobj (ECF No. JURISDICTION AND VENUE 2. /Contents [130 0 R 131 0 R 132 0 R] << /Parent 8 0 R provide relief to all the individuals affected by APD's action. /CropBox [0 0 612 792] "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. /Type /Page 50 0 obj 15. << 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. 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. 21. /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. 1331 and 1337. ( >> The President of the United States and the Governor of Florida have each declared a state of emergency. Plaintiff filed this action against defendant for breaching a non-competition agreement. <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> /Type /Page << /CropBox [0 0 612 792] Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? JacqmeinV /Length 1411 64. % Share sensitive information only on official, secure websites. /Resources 317 0 R M`5`i`F{qZ >> /Type /Page See also Chapter 224.08, Special Acts of Florida, 1943. /CropBox [0 0 612 792] /Type /Page 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. 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. 73 0 obj >> ( 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. %PDF-1.4 % /Annots [] /Contents [266 0 R 267 0 R 268 0 R] /Resources 333 0 R /MediaBox [0 0 612 792] Is there any vagueness, or is everything extremely clear? /MediaBox [0 0 612 792] 4. /Parent 8 0 R 38. /Rotate 0 On July 28 and October 7, 1999, Allied and Republic entered into separate asset purchase agreements in which they agreed to exchange certain waste hauling and disposal assets. >> /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 8 0 obj << SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. endobj endobj "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. /CreationDate (D:20220824140929-04'00') /Resources 389 0 R << /Type /Page /MediaBox [0 0 612 792] endobj 52 0 obj /Filter /FlateDecode 21 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). PDF United States District Court Northern District of Florida Pensacola endobj 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 . /Annots [] Z( << /CropBox [0 0 612 792] 3 0 obj /Annots [] . /Contents [118 0 R 119 0 R 120 0 R] 24 0 obj ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; Microsoft Word - 2022-08-24 - Complaint - FINAL 0000001641 00000 n 6. >> x1 04) F&`/MFWxC. /Type /Pages /Contents [298 0 R 299 0 R 300 0 R] >> /Resources 365 0 R PDF Verified Complaint for Declaratory and Injunctive Relief 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. 31. /CropBox [0 0 612 792] /Annots [] /Contents [154 0 R 155 0 R 156 0 R] 12102(1)-(2), the regulations implementing the . 34 0 obj endobj /CropBox [0 0 612 792] /Rotate 0 /Type /Page /Creator (PScript5.dll Version 5.2.2) /Pages 4 0 R Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. /Parent 10 0 R 76 0 obj <> endobj /Resources 349 0 R /Annots [] /CropBox [0 0 612 792] It is engaged in providing waste collection and disposal services throughout the United States. /Contents [166 0 R 167 0 R 168 0 R] 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. 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. /Type /Page << /CropBox [0 0 612 792] /Annots [] 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. /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. Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. >> /Contents [406 0 R 407 0 R 408 0 R] /Parent 11 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. /MediaBox [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. Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? >> stream 74 0 obj /MediaBox [0 0 612 792] The extension of vote-by-mail options and other accommodations at polling places is necessary. << (Compl . /Annots [] >> Complaint for Injunctive Relief and Damages for Breach of /MediaBox [0 0 612 792] >> 49 0 obj ( 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. /Resources 161 0 R /MediaBox [0 0 612 792] /Contents [226 0 R 227 0 R 228 0 R] /CropBox [0 0 612 792] /Rotate 0 /CropBox [0 0 612 792] /Count 10 /Rotate 0 /Type /Page The acquisition would reduce from three to two the number of significant firms that compete in the collection of small container commercial waste in the Burlington and Camden Counties, NJ area. What happens if the temporary injunction is not granted? PDF In the Supreme Court of Florida Case No.: Sc11- Third District Case No >> 21-81099-CIV-CANNON/Reinhart . In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. /Parent 9 0 R 11. /Resources 145 0 R APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . /Count 10 After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /Contents [374 0 R 375 0 R 376 0 R] endobj 61. >> This is a must-watch video before you consider whether to sue for injunction. 7.) ( 3 0 obj endobj endobj Last updated on November 21, 2022. /Count 79 endobj /Annots [] 0000000016 00000 n endobj In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. 65 0 obj This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. relief pursuant to Chapter 86, Florida Statutes. There are no good substitutes for MSW disposal. 23 0 obj Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. /CropBox [0 0 612 792] /Contents [106 0 R 107 0 R 108 0 R] 3601, et seq. Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. /Annots [] endobj >> >> 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. 25 0 obj <> endobj 7 0 obj /Type /Page This action is brought to /Count 9 "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. >> /Type /Page 29. "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee.