/Contents [138 0 R 139 0 R 140 0 R] /MediaBox [0 0 612 792] 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. This action is brought to /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
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PDF Complaint for Injunctive and Other Relief and Demand for Jury Trial I Garcia controll ed the MJ Companies prior to their going into receivership. >> >> /Type /Page 6th Street Ft. Lauderdale, FL 33301 Defendants. /Parent 10 0 R /Rotate 0 Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. /Rotate 0 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. 17 0 obj /Parent 13 0 R Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. /Rotate 0 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. /CropBox [0 0 612 792] endstream /Rotate 0 /CropBox [0 0 612 792] 0000001149 00000 n
/Rotate 0 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. /Contents [378 0 R 379 0 R 380 0 R] /Rotate 0 <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
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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. See Merger Guidelines 1.51. 3 0 obj 0000000817 00000 n
endobj 19. Firms that compete in the disposal of MSW generated in the Anderson, IN or New York City, NY areas can profitably increase their charges for disposal of MSW generated in each area without losing significant sales to more distant disposal sites. 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. ( /Resources 133 0 R x+ |
"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. Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. 2. /Contents [142 0 R 143 0 R 144 0 R] /Resources 177 0 R /MediaBox [0 0 612 792] 4. /Parent 10 0 R /Parent 4 0 R << .+p>hPhb4yiK=c`/XOv@|fe`iY
/Type /Page endobj /CropBox [0 0 612 792] /CropBox [0 0 612 792] /CropBox [0 0 612 792] Local roll-off waste collection firms in the Macon, GA area can profitably increase charges to local customers without losing significant sales to more distant competitors. /Contents [94 0 R 95 0 R 96 0 R] On August 20, . /Resources 305 0 R ( Republic is engaged in providing waste collection and disposal services throughout the United States. /Annots [] 50 0 obj /Rotate 0 Managing Partner /CropBox [0 0 612 792] 67 0 obj 2320 0 obj<>
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<< On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). /Annots [] /Type /Page Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. /Rotate 0
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/Resources 237 0 R 4 0 obj /Annots [] "New York City, NY area" means the Borough of Brooklyn, New York. /Annots [] 71 0 obj JacqmeinV 26 0 obj >> /CropBox [0 0 612 792] 57 0 obj /Resources 345 0 R /Length 1411 << /MediaBox [0 0 612 792] /Parent 12 0 R
PDF United States District Court Southern District of Florida West Palm 41. /Parent 7 0 R Because of its characteristics (e.g. << << Transactions that increase the HHI by more than 100 points in highly concentrated markets presumptively raise antitrust concerns under the Horizontal Merger Guidelines issued by the U.S. Department of Justice and the Federal Trade Commission. On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. /MediaBox [0 0 612 792] 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. 43 0 obj /CropBox [0 0 612 792] /Type /Page 40.
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Rather, its about dealing with the future, not something that happened in the past. /Annots [] /Rotate 0 xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh
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K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 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. /Rotate 0 /Rotate 0 /Type /Page /Rotate 0 6 0 obj << 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. JFIF C Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. >> 46. /Annots [] /Type /Page /Annots [] /Resources 101 0 R 0000000016 00000 n
It is engaged in providing waste collection and disposal services throughout the United States. /Annots []
PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General 20. 45. 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. >> /Resources 189 0 R
(PC) Carroll v. Vallejo Police Department, et al., No. 1:2023cv00004 Complaint for Declaratory Relief in Florida - Trellis . /Type /Page >> /Type /Page 49 0 obj 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 $31 million. Plaintiff complains and alleges as follows: 1. /Rotate 0 /Parent 7 0 R Plaintiff filed this action against defendant for breaching a non-competition agreement. /Type /Page /CropBox [0 0 612 792] ( /Contents [242 0 R 243 0 R 244 0 R] /Rotate 0 /Parent 8 0 R judgment, and preliminary and permanent injunctive relief and damages. /Type /Page >> /Rotate 0 /Annots [] 13 0 obj /MediaBox [0 0 612 792] Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. endobj /Contents [122 0 R 123 0 R 124 0 R] /Rotate 0 /Kids [7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R] /CropBox [0 0 612 792] Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. /Type /Page endobj 33 0 obj In the Augusta, GA area, the acquisition would reduce from three to two the number of significant competitors in the collection of small container commercial waste.
PDF Complaint for Permanent Injunction and Other Equitable Relief ( There could be a negative impact on the plaintiffs public image. 0000001563 00000 n
/Resources 129 0 R 73 0 obj /Resources 249 0 R /Contents [106 0 R 107 0 R 108 0 R] /Contents [394 0 R 395 0 R 396 0 R] /Parent 14 0 R /Parent 4 0 R 4. /CropBox [0 0 612 792] 25 0 obj << ;,hn
\ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx /CropBox [0 0 612 792] 26. In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. /MediaBox [0 0 612 792] 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. MSW has physical characteristics that readily distinguish it from other liquid or solid waste.
PDF United States District Court Middle District of Florida Tampa Division /Contents [158 0 R 159 0 R 160 0 R] /Annots [] /Contents [110 0 R 111 0 R 112 0 R] /CropBox [0 0 612 792] C. Reduction in Competition As a Consequence of the Acquisition. /Type /Pages 13. >> 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. /CropBox [0 0 612 792] /CropBox [0 0 612 792] xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A
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/Filter /FlateDecode /Type /Pages 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. << /MediaBox [0 0 612 792] << /MediaBox [0 0 612 792] >> /Contents [330 0 R 331 0 R 332 0 R] /Rotate 0 0000002992 00000 n
endobj /Resources 361 0 R /Rotate 0 1114 Trademark Infringement . Likewise, roll-off customers generate volumes of waste which are too large to be serviced by a FEL truck on a pre-scheduled commercial route. /S /D /MediaBox [0 0 612 792] 81 0 obj /CropBox [0 0 612 792] U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. /Resources 205 0 R >> the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes ("FDUTPA"), which authorizes the State of Florida to seek, and the Court to order, permanent injunctive relief, recission or reformation of contracts, consumer restitution, the refund of monies A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. /CropBox [0 0 612 792] 50. This is a must-watch video before you consider whether to sue for injunction.
PDF Complaint for Injunctive and Other Equitable Relief >> /MediaBox [0 0 612 792] 68 0 obj << 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. See also Chapter 224.08, Special Acts of Florida, 1943. 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. 7. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] There may be disclosure of confidential information such as trade secrets. << >> %%EOF
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How to Obtain a Temporary (Preliminary) Injunction in Florida - Ewusiak Law /Type /Page
PDF Florida Small Claims Rules Annotated 2020 - The Florida Bar /Rotate 0 Plaintiff, Florida Carry, is a Florida Not-For-Profit Corporation with a principal place of business located at 1090 Wild Holly Drive, Port Orange, Florida, 32129. /Parent 8 0 R $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz 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). /Type /Pages /Resources 245 0 R 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. /MediaBox [0 0 612 792] /Contents [314 0 R 315 0 R 316 0 R] 34 0 obj 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. /Annots [] &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id /Annots [] /Contents [362 0 R 363 0 R 364 0 R] endobj /Rotate 0 x1 04) F&`/MFWxC. 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. 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. 39. /Rotate 0 /Rotate 0 Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. << /Annots [] >> /MediaBox [0 0 612 792] /Resources 221 0 R Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 Should you request a temporary injunction or push quickly for final permanent injunction. 47. /Parent 7 0 R After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /Contents [126 0 R 127 0 R 128 0 R] /Rotate 0 >> << 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] A .gov website belongs to an official government organization in the United States. Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . >> 23 0 obj
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: 01-42230-BKC-AJC . 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. ( relief pursuant to Chapter 86, Florida Statutes. 35. 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. >> endobj %PDF-1.5
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In the United States District Court for The Southern District of New York 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. /Count 10 87 0 obj /Type /Page 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. /Annots [] 58 0 obj /Resources 241 0 R 9. In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . << /Parent 11 0 R 30. >> 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. endobj /Rotate 0 38. >> /Resources 253 0 R << 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. 41 0 obj endobj << /Parent 13 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. 37. /Parent 4 0 R /Parent 10 0 R 60 0 obj endobj 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. /Annots [] 0000000879 00000 n
( /Resources 201 0 R /MediaBox [0 0 612 792] 62 0 obj /Parent 9 0 R 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. <<
65. /Contents [226 0 R 227 0 R 228 0 R] /Parent 14 0 R /CropBox [0 0 612 792] >> Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? 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. 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. >> << /Contents [382 0 R 383 0 R 384 0 R] 91 0 obj 0000001641 00000 n
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