/Rotate 0 /Contents [142 0 R 143 0 R 144 0 R] 94 0 obj /CropBox [0 0 612 792] /Annots [] ( An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. 47. /Annots [] 90 0 obj /Rotate 0 /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] That plaintiff recover the costs of this action. /Resources 221 0 R /Rotate 0 stream 0000003404 00000 n /Type /Page >> /Resources 385 0 R Roll-off vehicles have no compaction system on board and are designed to carry only one large container at a time to a disposal site. endobj 33. /Type /Page >> << 57 0 obj PDF COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS PARTIES - The Wall Street /Annots [] 2 0 obj /Resources 149 0 R /CropBox [0 0 612 792] >> /Resources 161 0 R 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. (ECF No. 0000006750 00000 n ( ( /CropBox [0 0 612 792] 5. /Contents [214 0 R 215 0 R 216 0 R] Introduction Types of Injunctive Relief - The CLM ( << endobj >> endobj /Contents [314 0 R 315 0 R 316 0 R] 88 0 obj endobj /Contents [334 0 R 335 0 R 336 0 R] 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. /Parent 10 0 R /Parent 12 0 R See Merger Guidelines 1.51. /MediaBox [0 0 612 792] << /Resources 201 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. /MediaBox [0 0 612 792] endobj /Contents [362 0 R 363 0 R 364 0 R] << /Rotate 0 << %PDF-1.4 % >> 38. 22 and 28 U.S.C. 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. /Annots [] /Type /Page Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /Type /Page /Annots [] << C. Reduction in Competition As a Consequence of the Acquisition. /MediaBox [0 0 612 792] 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. /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] 30 0 obj ( /Type /Page 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. /Resources 381 0 R /Contents [370 0 R 371 0 R 372 0 R] clearly appears from specific facts shown by affidavit or by verified complaint that immediate or endobj In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /Annots [] /Contents [382 0 R 383 0 R 384 0 R] /Type /Page << /Rotate 0 /MediaBox [0 0 612 792] 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. /Type /Page PDF Complaint for Injunctive Relief Representatives endstream endobj 29 0 obj <>stream /Parent 4 0 R 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. stream /CropBox [0 0 612 792] /Rotate 0 endobj endobj /ModDate (D:20220824143048-04'00') endobj 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. ( A .gov website belongs to an official government organization in the United States. "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. /Parent 13 0 R 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. endstream Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. /MediaBox [0 0 612 792] 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. /Type /Page "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. 0000002992 00000 n /Annots [] /Type /Page startxref /Count 10 Therefore, it should not be a decision made lightly. /Parent 10 0 R ( >> /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. %%EOF 30. 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. 72 0 obj /Resources 129 0 R 4. 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. /CropBox [0 0 612 792] /Resources 169 0 R << PDF Verified Second Amended Complaint for Injunctive and Declaratory Relief . <> /Type /Metadata /Type /Page << 31 0 obj 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. 4. >> /CropBox [0 0 612 792] << /Resources 157 0 R >> 40. /CreationDate (D:20220824140929-04'00') /Parent 9 0 R /Resources 309 0 R /MediaBox [0 0 612 792] 21 0 obj << 14. 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? The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. Often businesses do not consider the implications for taking this action. >> 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] /Type /Page This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. 62. stream 14 0 obj In the Clarksville, TN area, the acquisition would reduce from five to four the number of significant firms competing in the collection of small container commercial waste. 74 0 obj /Type /Pages /Annots [] 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 $3 million. Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. endobj endobj /Contents [154 0 R 155 0 R 156 0 R] 45 0 obj ( endobj In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. If the major roll-off collection competitor in a market also controls the primary disposal site(s) therein, other roll-off competitors are at a large disadvantage and entry is difficult. /CropBox [0 0 612 792] US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. endobj /Type /Page /Parent 9 0 R 82 0 obj /Type /Page /CropBox [0 0 612 792] PDF Complaint for Permanent Injunction and Other Equitable Relief PDF Verified Complaint for Damages and Injunctive Relief endobj #%$""!&+7/&)4)! 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . Omega SA v. The Individuals, Business Entities, and Unincorporated CASE NO. In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. << >> 66 0 obj 1. /Parent 14 0 R A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . << << /Contents [94 0 R 95 0 R 96 0 R] /Annots [] /Rotate 0 Allied is the nation's second largest waste hauling and disposal company. /Rotate 0 JURISDICTION AND VENUE 2. ( /Annots [] /CropBox [0 0 612 792] /Resources 241 0 R /Contents [242 0 R 243 0 R 244 0 R] << /MediaBox [0 0 612 792] 22 0 obj /Parent 13 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. /Parent 4 0 R /MediaBox [0 0 612 792] /Parent 13 0 R /Annots [] <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> >> 0000000556 00000 n JURISDICTION AND VENUE 13. /Parent 12 0 R /Contents [202 0 R 203 0 R 204 0 R] 0000003135 00000 n Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. /Resources 253 0 R Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit endobj 61. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Parent 7 0 R /Annots [] 2201 a nd 2202. /CropBox [0 0 612 792] /Type /Pages 23 0 obj /Resources 353 0 R /Contents [194 0 R 195 0 R 196 0 R] /Contents [262 0 R 263 0 R 264 0 R] trailer /Contents [162 0 R 163 0 R 164 0 R] >> /Parent 8 0 R /Parent 7 0 R Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. /Annots [] 29. /Rotate 0 /CropBox [0 0 612 792] /Resources 297 0 R /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. << 52. /MediaBox [0 0 612 792] /Parent 9 0 R /Annots [] Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. ( /MediaBox [0 0 612 792] This is a civil action brought by the United States of America to enjoin defendant . /Rotate 0 /Resources 137 0 R /Parent 8 0 R << Last updated on November 21, 2022. /MediaBox [0 0 612 792] provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. << %%EOF << ( 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 [226 0 R 227 0 R 228 0 R] /Parent 13 0 R << endobj 10 0 obj >> /Annots [] How long will the injunction be effective? /Annots [] /Annots [] Complaint for Emergency Injunctive Relief in Florida Primary /Type /Page On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. 0000001469 00000 n /MediaBox [0 0 612 792] /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] Should you request a temporary injunction or push quickly for final permanent injunction. /Annots [] /CropBox [0 0 612 792] 13 0 obj 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. >> 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. /Parent 13 0 R >> endobj /Contents [302 0 R 303 0 R 304 0 R] 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. 2 0 obj endobj /Rotate 0 /CropBox [0 0 612 792] /CropBox [0 0 612 792] Garcia is a resident of North Lauderdale, Fl orida. PDF Verified Complaint for Declaratory and Injunctive Relief /Parent 10 0 R . /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] endobj 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. /Contents [98 0 R 99 0 R 100 0 R] /Resources 321 0 R endobj stores and restaurants). /Count 10 /Resources 141 0 R << endobj 2201-202, and . /Contents [130 0 R 131 0 R 132 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. /Type /Page ( /MediaBox [0 0 612 792] endobj 88 0 obj<>stream /Rotate 0 76 0 obj <> endobj /Parent 12 0 R For a variety of reasons, other types of collection activities, such as roll-off containers (typically used for construction debris) and collection of liquid or hazardous waste, are also rarely combined with commercial waste collection activities. endobj /Annots [] /MediaBox [0 0 612 792] and Florida Statute 86.011, et seq. Complaint for Injunctive Relief . /CropBox [0 0 612 792] startxref /Parent 12 0 R /Type /Page /CropBox [0 0 612 792] /Parent 7 0 R /CropBox [0 0 612 792] 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. 32. << endobj /Resources 373 0 R /MediaBox [0 0 612 792] Is the injunction prohibitory or mandatory? /Parent 14 0 R /CropBox [0 0 612 792] 32 0 obj 92 0 obj /Type /Pages Anderson, IN and New York City, NY are two such areas. 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. 61 0 obj endobj /Type /Page endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream /Type /Page >> << << competition generally in small container commercial waste collection service 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 will be lessened substantially; actual and potential competition between Allied and Republic in small container commercial waste collection service 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 will be eliminated; prices charged by 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 area markets will likely increase; competition generally in disposal of MSW in the Anderson, IN and New York City, NY area markets will be lessened substantially; actual and potential competition between Allied and Republic in disposal of MSW in the Anderson, IN and New York City, NY area markets will be eliminated; prices for disposal of MSW in the Anderson, IN and New York City, NY area markets likely will increase; competition generally in roll-off waste collection service in the Macon, GA area market will be lessened substantially; actual and potential competition between Allied and Republic in roll- off waste collection service in the Macon, GA area market will be eliminated; and. Official websites use .gov The City changed its name from "New 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. /Rotate 0 /Resources 229 0 R 3 0 obj << 3. 42. 44 0 obj /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] /Type /Pages <> /Annots [] << 81 0 obj >> /Type /Page >> /Parent 10 0 R /CropBox [0 0 612 792] >> 10941 and Laws of Florida, Ch. /CropBox [0 0 612 792] >> /Type /Page /Resources 345 0 R /MediaBox [0 0 612 792] ( endobj 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. /Rotate 0 >> state of Florida in 1925 and yet again in 1943, under the legislative powers granted to the Florida legislature under the 1885 Constitution of the State of Florida. Charles B. Jimerson endobj /Parent 8 0 R

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