/CropBox [0 0 612 792] "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. /MediaBox [0 0 612 792] >> 0000000817 00000 n /Contents [102 0 R 103 0 R 104 0 R] /Type /Page << >> endobj /MediaBox [0 0 612 792] endobj 50. 7.) << /Type /Page ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. /Resources 277 0 R 79 0 obj Annotations: Subsection (b) of the rule extends the Small Claims Rules to all claims for money or property, even when expressed or coupled with a claim for equitable relief. /MediaBox [0 0 612 792] 0000001536 00000 n /Annots [] /Rotate 0 >> /Contents [302 0 R 303 0 R 304 0 R] The President of the United States and the Governor of Florida have each declared a state of emergency. 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. 0000000556 00000 n /Contents [190 0 R 191 0 R 192 0 R] 36. 7 0 obj /Rotate 0 Professional Services Industry Legal Blog>. 31 0 obj <>stream 14. /Parent 9 0 R /MediaBox [0 0 612 792] /Contents [206 0 R 207 0 R 208 0 R] /Contents [310 0 R 311 0 R 312 0 R] << /Annots [] 0 /Type /Page 65. Republic is engaged in providing waste collection and disposal services throughout the United States. /Count 9 endobj /CropBox [0 0 612 792] This document is available in two formats: this web page (for browsing content) and. PDF In the Supreme Court of Florida Case No.: Sc11- Third District Case No The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. /Type /Page 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. 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. There may be disclosure of confidential information such as trade secrets. 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. endobj /Resources 349 0 R This form is a Complaint for Injunctive Relief and Damages. /Contents [182 0 R 183 0 R 184 0 R] This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. /Type /Page PDF United States District Court Southern District of Florida Case No /Parent 8 0 R << /Rotate 0 /Annots [] /Contents [178 0 R 179 0 R 180 0 R] /CropBox [0 0 612 792] /CropBox [0 0 612 792] The City changed its name from "New endobj /Resources 405 0 R /Type /Metadata >> << "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. endstream /Count 10 >> /Parent 13 0 R Suing for an injunction in Florida is all about preserving the status quo. /CropBox [0 0 612 792] /Type /Page >> /Resources 221 0 R << 34. /Annots [] startxref 43 0 obj /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) /Rotate 0 D. Entry Into Commercial Waste Collection of MSW. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. /Resources 265 0 R /Parent 4 0 R PDF COMPLAINT FOR INJUNCTIVE RELIEF - archive.org << /Contents [386 0 R 387 0 R 388 0 R] endobj (2001). >> /Annots [] /Type /Pages 67. Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. /Creator (PScript5.dll Version 5.2.2) 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. /Parent 8 0 R Secure .gov websites use HTTPS Charles B. Jimerson << 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. 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. 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. << /Parent 11 0 R %PDF-1.5 /Annots [] ( /Parent 12 0 R 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. /Parent 8 0 R 2322 0 obj<>stream /Rotate 0 prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. /Rotate 0 3. endobj /Annots [] endobj In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. 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 . /Contents [294 0 R 295 0 R 296 0 R] M`5`i`F{qZ /Rotate 0 In this presentation, Jimerson Birr Associate Austin B. Calhoun covers 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. 41 0 obj /CropBox [0 0 612 792] 27 0 obj /Type /Page /Resources 105 0 R << In the Nashville, TN area, the acquisition would reduce from three to two the number of significant firms competing in the collection of small container commercial waste. endobj /Resources 301 0 R Complaint for Injunctive Relief . 39 0 obj The county court may issue a temporary and permanent injunction where appropriate for violation of ss. PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General 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. 11 0 obj /Resources 389 0 R x+ | ( 61. EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. 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 /MediaBox [0 0 612 792] xref 39. "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. 66. It is engaged in providing waste collection and disposal services throughout the United States. << /CropBox [0 0 612 792] COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . That plaintiff recover the costs of this action. /Parent 7 0 R /Contents [218 0 R 219 0 R 220 0 R] /Parent 14 0 R 25 0 obj /CropBox [0 0 612 792] /Contents [198 0 R 199 0 R 200 0 R] Plaintiff complains and alleges as follows: 1. Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. /Type /Page 5. /Contents [158 0 R 159 0 R 160 0 R] 63 0 obj Republic would thus be in a position to raise the disposal costs at the landfill and transfer stations which it would own to any new or existing roll-off collection competitor in the Macon, GA area. 6. >> Therefore, its important to not consider it a tool for righting a wrong. endobj "0A149;>>>%.DIC; C /CropBox [0 0 612 792] /Rotate 0 . ( Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. /Rotate 0 /Annots [] /Rotate 0 JacqmeinV 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. 0000002992 00000 n /Contents [138 0 R 139 0 R 140 0 R] /Parent 11 0 R There are no good substitutes for MSW disposal. /CropBox [0 0 612 792] 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. hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` 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. /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] ( << 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. 2201 a nd 2202. /MediaBox [0 0 612 792] >> /MediaBox [0 0 612 792] Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. /Contents [186 0 R 187 0 R 188 0 R] /Parent 4 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. /MediaBox [0 0 612 792] INTRODUCTION . /Contents [274 0 R 275 0 R 276 0 R] stream /Resources 261 0 R /Parent 8 0 R /Annots [] /Contents [146 0 R 147 0 R 148 0 R] On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. 21-81099-CIV-CANNON/Reinhart . SOUTHERN DISTRICT OF FLORIDA . This is a must-watch video before you consider whether to sue for injunction. >> /Parent 9 0 R ( >> /Type /Page Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. Anderson, IN and New York City, NY are two such areas. /Parent 14 0 R /Parent 12 0 R COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] << stream 68. 60 0 obj << >> << endobj /Resources 125 0 R /Contents [262 0 R 263 0 R 264 0 R] endobj /Type /Page "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. << >> IV. Complaint for Injunctive Relief and Civil Penalties | US EPA 55 0 obj 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. /Annots [] /MediaBox [0 0 612 792] % 0000006750 00000 n 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). On August 20, . >> relief pursuant to Chapter 86, Florida Statutes. /Rotate 0 ( /Annots [] >> /MediaBox [0 0 612 792] /Resources 233 0 R /Resources 309 0 R /Type /Page /Annots [] /Type /Page /Parent 11 0 R /Contents [214 0 R 215 0 R 216 0 R] /Parent 7 0 R 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. /Type /Page /Rotate 0 /CropBox [0 0 612 792] ? 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. /Rotate 0 /CropBox [0 0 612 792] /Type /Catalog << << /Rotate 0 ( << For a number of reasons, landfills may not be located close to where the waste is generated. /Resources 145 0 R >> The extension of vote-by-mail options and other accommodations at polling places is necessary. 22 and 28 U.S.C. /Contents [270 0 R 271 0 R 272 0 R] COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . x1 04) F&`/MFWxC. See Merger Guidelines 1.51. /Resources 257 0 R 88 0 obj<>stream /Subtype /XML /Parent 7 0 R 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. /Resources 237 0 R /Parent 13 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. 0000001373 00000 n << /Parent 14 0 R ( /MediaBox [0 0 612 792] The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . In 1999, Allied reported total revenues of approximately $6 billion. /Annots [] /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. endobj In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. >> 58. 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. 4 0 obj A temporary injunction is sought to stop a party from engaging in certain conduct or to require a party to engage in certain conduct until a final decision may be made concerning the merits of the dispute. /Rotate 0 /Parent 10 0 R /Annots [] >> 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. /MediaBox [0 0 612 792] 7. >> /Rotate 0 "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. /Rotate 0 << /Resources 345 0 R << /Parent 11 0 R Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . /Rotate 0 endobj /Resources 377 0 R /MediaBox [0 0 612 792] Microsoft Word - 2022-08-24 - Complaint - FINAL >> >> 0000000016 00000 n /Annots [] << /MediaBox [0 0 612 792] /Parent 7 0 R /MediaBox [0 0 612 792] 22 0 obj 76 0 obj <> endobj } !1AQa"q2#BR$3br 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. 92 0 obj 0000001469 00000 n /Contents [134 0 R 135 0 R 136 0 R] /Type /Page /Parent 11 0 R /MediaBox [0 0 612 792] <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> /Type /Page 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. >> /Count 79 did not involve a claim for declaratory relief. MSW is generally transported by collection trucks to landfills and transfer stations, and the availability of disposal sites close to a hauler's routes is a major element that determines a hauler's competitiveness and profitability. ( 37 0 obj "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. /Resources 369 0 R 51 0 obj 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. /Contents [150 0 R 151 0 R 152 0 R] /Type /Page /Filter /FlateDecode /Type /Page << /CropBox [0 0 612 792] /Annots [] /Resources 165 0 R /Contents [170 0 R 171 0 R 172 0 R] << /Parent 9 0 R >> /Contents [390 0 R 391 0 R 392 0 R] 77 0 obj 2018 to May 6, 2021. /Type /Page /Resources 201 0 R 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 9 0 R 31 0 obj Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit /Type /Page 63. /Parent 4 0 R endobj Should you request a temporary injunction or push quickly for final permanent injunction. /CropBox [0 0 612 792] ( "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. 9 0 obj 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. endobj /MediaBox [0 0 612 792] 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. In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. /Rotate 0 /Type /Page 2 0 obj ( 3. >> >> /Parent 7 0 R /Resources 333 0 R Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. 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. /Contents [334 0 R 335 0 R 336 0 R] /Resources 141 0 R /CropBox [0 0 612 792] << /Rotate 0 >> /Resources 185 0 R Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. /Type /Page endobj /Type /Page 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. endobj /Annots [] 64. /MediaBox [0 0 612 792] 46. /Rotate 0 45. /Contents [394 0 R 395 0 R 396 0 R] /Contents [110 0 R 111 0 R 112 0 R]
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