PDF Complaint for Injunctive Relief, Damages, Injunctive relief is considered an extraordinary remedy in both State and Federal court. Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. 44. 0000000016 00000 n /Rotate 0 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. >> /MediaBox [0 0 612 792] /Annots [] /Contents [326 0 R 327 0 R 328 0 R] << /Type /Page endobj (ECF No. Complaint for Injunctive Relief and Civil Penalties | US EPA /Annots [] /CropBox [0 0 612 792] << /Rotate 0 /Parent 10 0 R The differences in size, type, and volumes of roll-off waste and the equipment used to collect it distinguish roll-off waste collection from all other waste collection services. /Rotate 0 /Type /Page /Parent 9 0 R 18. /MediaBox [0 0 612 792] /Resources 365 0 R >> << /Resources 109 0 R /CropBox [0 0 612 792] /Annots [] /CreationDate (D:20220824140929-04'00') endobj 0000001563 00000 n %PDF-1.3 % /Parent 13 0 R In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. ( The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. Rather, its about dealing with the future, not something that happened in the past. 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. /Contents [370 0 R 371 0 R 372 0 R] /Rotate 0 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. "New York City, NY area" means the Borough of Brooklyn, New York. endobj 48 0 obj ( 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. SOUTHERN DISTRICT OF FLORIDA . /Resources 401 0 R >> /Type /Page /Type /Page "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. WEST PALM BEACH DIVISION . 42. /Parent 9 0 R Defendant is defined as a "Public Accommodation" within meaning of Title III 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. 1 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] /CropBox [0 0 612 792] /CropBox [0 0 612 792] endobj 4. /CropBox [0 0 612 792] /Annots [] endobj /Annots [] PDF Verified Complaint for Declaratory and Injunctive Relief In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. 70 0 obj /CropBox [0 0 612 792] /Rotate 0 /MediaBox [0 0 612 792] >> 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. In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. /Type /Page /MediaBox [0 0 612 792] /Annots [] endobj 62. JURISDICTION AND VENUE 2. /CropBox [0 0 612 792] 26 0 obj 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. endobj The county court may issue a temporary and permanent injunction where appropriate for violation of ss. Significant new entry into small container commercial waste collection service is difficult and time-consuming 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. >> endobj /Contents [270 0 R 271 0 R 272 0 R] /Rotate 0 COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . 15. 66 0 obj /CropBox [0 0 612 792] The City changed its name from "New /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] 23 0 obj /Parent 13 0 R This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. Thus, small container commercial 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. Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. endobj endstream endobj startxref /Resources 189 0 R >> /Type /Page Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. /Parent 12 0 R /Parent 11 0 R 22408. /CropBox [0 0 612 792] /Resources 313 0 R 25 0 obj /Parent 7 0 R PDF Complaint for Permanent Injunction and Other Equitable Relief 74 0 obj /Resources 345 0 R h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. << This action is brought to 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. PDF COMPLAINT FOR PERMANENT INJUNCTION - United States Department of Justice 0000003946 00000 n /Contents [206 0 R 207 0 R 208 0 R] /Type /Page However, temporary injunctive relief may be granted without the posting of a bond in the following situations: 1) injunctions entered "on the pleading of a municipality or the state or any officer, agency, or political subdivision thereof"; or 2) injunctions "issued solely to prevent physical injury or abuse of a natural person." /Annots [] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 29. /Type /Page endobj /Type /Page /Parent 8 0 R /Rotate 0 See Laws of Florida, Ch. Should you request a temporary injunction or push quickly for final permanent injunction. /Parent 14 0 R << %PDF-1.6 0000000592 00000 n "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. endobj did not involve a claim for declaratory relief. 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. /CropBox [0 0 612 792] 10. /MediaBox [0 0 612 792] See Merger Guidelines 1.51. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 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. Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. endobj /Annots [] /Resources 261 0 R /Parent 12 0 R The HHI takes into account the relative size and distribution of the firms in a market and approaches zero when a market consists of a large number of firms of relatively equal size. /Parent 7 0 R 65 0 obj /Annots [] << endobj /Annots [] construction debris) and volume, roll-off waste is deposited by the customer/generator into a disposal container (usually 20 to 40 cubic yards in size) which is larger than those routinely used in small container commercial collection (usually one to 10 cubic yards in size). 49 0 obj /MediaBox [0 0 612 792] /Annots [] /Type /Catalog /Resources 385 0 R Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. Statutes & Constitution :View Statutes : Online Sunshine endobj stores and restaurants). /Contents [294 0 R 295 0 R 296 0 R] 12102(1)-(2), the regulations implementing the . How long will the injunction be effective? /Type /Page On August 20, . /Annots [] xref << /Parent 11 0 R << /Resources 129 0 R /Resources 241 0 R 6. /Resources 305 0 R /Type /Page The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. %PDF-1.5 /Parent 11 0 R /Rotate 0 /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] /Resources 257 0 R /Type /Page 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. 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. ( /Annots [] ? 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 293 0 R >> 89 0 obj endobj 48. /Annots [] /Type /Page /Parent 7 0 R /Contents [406 0 R 407 0 R 408 0 R] /Rotate 0 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. /Resources 149 0 R /Contents [234 0 R 235 0 R 236 0 R] : 01-42230-BKC-AJC . /CropBox [0 0 612 792] << /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Parent 4 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. /Resources 285 0 R 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 3. /Resources 125 0 R /Contents [190 0 R 191 0 R 192 0 R] /Parent 8 0 R PDF In the Supreme Court of Florida Case No.: Sc11- Third District Case No /Annots [] << /Parent 12 0 R endobj /Resources 361 0 R /CropBox [0 0 612 792] /Parent 9 0 R /Parent 10 0 R /CropBox [0 0 612 792] /Contents [338 0 R 339 0 R 340 0 R] Plaintiff complains and alleges as follows: 1. 17 0 obj The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. /Parent 10 0 R 6 0 obj /Resources 249 0 R /CropBox [0 0 612 792] This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. Roll-off waste collection customers typically generate bulkier items of waste and/or substantially larger volumes of waste than residential or small container commercial waste customers from sources such as construction sites or industrial plants. /Type /Page /Contents [302 0 R 303 0 R 304 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. 51. 56. /Annots [] /Annots [] Share sensitive information only on official, secure websites. /CropBox [0 0 612 792] A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. /Rotate 0 This form is a Complaint for Injunctive Relief and Damages. 0000001187 00000 n ( M`5`i`F{qZ >> 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 PDF Florida Small Claims Rules Annotated 2020 - The Florida Bar } !1AQa"q2#BR$3br /Resources 369 0 R 56 0 obj /Parent 12 0 R 38. endobj >> /Contents [230 0 R 231 0 R 232 0 R] /Contents [242 0 R 243 0 R 244 0 R] $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! 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. 67. D. P. et al., . 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 /Annots [] >> Alexdex. 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. 55. GsYzQh50ee' 4 0 obj endobj /Resources 317 0 R /Annots [] PDF United States District Court Northern District of Florida Pensacola /MediaBox [0 0 612 792] 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. "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. << /Type /Page /Rotate 0 2322 0 obj<>stream 31 0 obj <>stream << /MediaBox [0 0 612 792] Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. /Rotate 0 << On February 10, 2023, the Court screened the 27 First Amended Complaint and dismissed it for failure to state a claim, with leave to amend within 28 thirty days. 2018 to May 6, 2021. endobj %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr 47. /CropBox [0 0 612 792] endobj /Annots [] >> /Type /Page Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. Copyright 2008-2023 Jimerson Birr, P.A. 1331 and 1337. /Rotate 0 This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. >> Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. /MediaBox [0 0 612 792] 68. /Type /Metadata Page 3 of 15 7. for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. /Type /Page /Resources 229 0 R >> 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. PDF Complaint for Emergency Injunctive and Declaratory Relief 16. 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. /Type /Page 13. PDF United States District Court Middle District of Florida Tampa Division /Type /Page /Contents [402 0 R 403 0 R 404 0 R] /Contents [102 0 R 103 0 R 104 0 R] /Resources 121 0 R /Parent 7 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. /CropBox [0 0 612 792] endobj Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. /Contents [174 0 R 175 0 R 176 0 R] /Length 3282 Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. >> /CropBox [0 0 612 792] Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. >> /Type /Page /Type /Pages /Type /Page /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] 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). MSW generated by residential customers, on the other hand, is often collected by either local governments or by private haulers pursuant to contracts bid by, or franchises granted by, municipal authorities. 58. xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC /Parent 9 0 R Parties 13. SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. /CropBox [0 0 612 792] /Annots [] << /MediaBox [0 0 612 792] This is an action for permanent injunctive relief, declaratory relief, and /Parent 11 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. /Type /Page << 95 0 obj <<14CA263718F8354CB34DA495C0495A29>]>> /Resources 245 0 R /Type /Page 22 and 28 U.S.C. stream endobj Haulers, therefore, generally establish garages and related facilities within each major local area served. /Annots [] /Contents [250 0 R 251 0 R 252 0 R] /Contents [306 0 R 307 0 R 308 0 R] 20 0 obj /Count 10 /Rotate 0 >> >> /Type /Pages Thus, disposal of MSW is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisition under Section 7 of the Clayton Act. /Resources 165 0 R >> Complaint for Injunctive Relief . /MediaBox [0 0 612 792] 33. For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. /Type /Page /CropBox [0 0 612 792] << >> endobj 43 0 obj /Annots [] ( REPUBLIC SERVICES, INC., 110 S.E. Secure .gov websites use HTTPS endobj 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. That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. endobj ( endobj 31. << /CropBox [0 0 612 792] Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . << /MediaBox [0 0 612 792] 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. These differences mean that small container commercial waste collection firms can profitably increase their charges for small container commercial waste collection services without losing significant sales or revenues to firms engaged in the provision of other types of waste collection services. 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. /MediaBox [0 0 612 792] endobj /Resources 101 0 R /Parent 13 0 R /MediaBox [0 0 612 792] /Parent 14 0 R /MediaBox [0 0 612 792] PDF Complaint for Injunctive and Other Relief and Demand for Jury Trial I /MediaBox [0 0 612 792] 21 0 obj << 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. << /Type /Pages 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. /Rotate 0 /Subtype /XML /Annots [] /Parent 12 0 R endobj 66. 76 0 obj <> endobj /Rotate 0 Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . INTRODUCTION . << /CropBox [0 0 612 792] endobj >> /Type /Page /Rotate 0 /CropBox [0 0 612 792] The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. 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. << 41. 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt ( "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. endobj << /CropBox [0 0 612 792] /Rotate 0 endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream >> /CropBox [0 0 612 792] /CropBox [0 0 612 792] 65. 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 . 35 0 obj "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. /Type /Page 76 0 obj /Annots [] .t. /Resources 181 0 R /Rotate 0 /CropBox [0 0 612 792] JURISDICTION AND VENUE 13. >> endobj >> << Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. << 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. In addition, Wilson traveled at least twice to Florida for work-related trips in 2019, including once to Miami and Tampa in or around the spring of 2019 and once to Orlando in or around November or December 2019. /CropBox [0 0 612 792] APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . 7. 11. /Rotate 0 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. stream /Rotate 0 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. /Type /Page 18 0 obj << 0000000817 00000 n xref 69. << << /Rotate 0 ( ( /Resources 341 0 R << PDF Verified Complaint for Damages and Injunctive Relief
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