/Resources 137 0 R /Rotate 0 /Contents [310 0 R 311 0 R 312 0 R] provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. /Resources 301 0 R /Type /Pages /Type /Page /Rotate 0 /Type /Page 51. 57 0 obj >> 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 The cost advantage of local landfills limits the areas where MSW can be economically transported and disposed of by haulers and creates localized markets for MSW disposal services. /S /D >> << /Annots [] 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. 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 Monmouth County, NJ area. /Annots [] >> >> Copyright 2008-2023 Jimerson Birr, P.A. /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] 0000003868 00000 n /Annots [] endobj 18. /Parent 10 0 R There could be a negative impact on the plaintiffs public image. xref /Annots [] /Parent 8 0 R /Type /Page xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 >> /Type /Page /Annots [] 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. /MediaBox [0 0 612 792] 95 0 obj Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. >> /Resources 297 0 R MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. /CropBox [0 0 612 792] /Resources 169 0 R 0000001563 00000 n After the acquisition, Allied would control roughly 30 percent--and two firms about 66 percent--of the New York City, NY area MSW disposal market, which has annual revenues of about $40 million. 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. << >> /Type /Page /Count 79 << For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. /MediaBox [0 0 612 792] 2018 to May 6, 2021. 1114 Trademark Infringement . prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. 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] Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /CropBox [0 0 612 792] 43 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. /CropBox [0 0 612 792] /Annots [] 34. The extension of vote-by-mail options and other accommodations at polling places is necessary. >> /Parent 11 0 R Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing >> That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. /Contents [330 0 R 331 0 R 332 0 R] 31. /Type /Page 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. Alexdex. /Annots [] /Parent 12 0 R /Type /Page 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. 0000002929 00000 n >> Microsoft Word - 2022-08-24 - Complaint - FINAL << /CropBox [0 0 612 792] /Resources 193 0 R Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida. endobj ( The customer's MSW is stored in much smaller containers (e.g., garbage bags or trash cans) and instead of FEL trucks, waste collection firms routinely use REL or side-load trucks, manned by larger crews (usually, two-or three-person teams). /Annots [] << A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . 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. /Parent 8 0 R 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. ( relief pursuant to Chapter 86, Florida Statutes. endobj /CropBox [0 0 612 792] /CropBox [0 0 612 792] 20. /Resources 305 0 R 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. 43. /Contents [238 0 R 239 0 R 240 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. /Annots [] >> 19 0 obj This is a must-watch video before you consider whether to sue for injunction. trailer "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. 52. ( /Annots [] 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. 2. "Anderson, IN area" means the City of Anderson and Madison County, Indiana. 16. /Annots [] /Parent 12 0 R /Type /Page /MediaBox [0 0 612 792] /Contents [378 0 R 379 0 R 380 0 R] 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. /Contents [358 0 R 359 0 R 360 0 R] The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. >> /Count 10 << /Rotate 0 /Parent 11 0 R Does the injunction provide broad or limited relief? << /Contents [122 0 R 123 0 R 124 0 R] 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. Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. /Rotate 0 /Resources 133 0 R "Nashville, TN area" means the City of Nashville and Davidson, Sumner, Williamson, Rutherford, Wilson, the southeastern part of Robertson, and the eastern part of Cheatham counties, Tennessee. /Resources 273 0 R /Resources 237 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). endobj /Type /Page /Contents [154 0 R 155 0 R 156 0 R] endobj Allied is located in and transacts business in the District of Columbia, and Republic submits to the personal jurisdiction of the District of Columbia in this proceeding. /Resources 257 0 R endobj Garcia controll ed the MJ Companies prior to their going into receivership. /Type /Page Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. << /Resources 397 0 R /Contents [118 0 R 119 0 R 120 0 R] /Resources 149 0 R 23. Z( /Annots [] /CropBox [0 0 612 792] 36. /Annots [] Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. 81 0 obj >> In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. Defendants Allied and Republic collect municipal solid waste from residential, commercial, and industrial customers, and they own and operate transfer stations, landfills, and incinerators, which process and dispose of municipal solid waste. /Contents [346 0 R 347 0 R 348 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. /Rotate 0 7. Because of its characteristics (e.g. /MediaBox [0 0 612 792] /Parent 8 0 R 7402(a) to prevent such conduct. /Contents [342 0 R 343 0 R 344 0 R] _l {:\! /Annots [] The United States is entitled to injunctive relief under 26 U.S.C. >> 0000001317 00000 n /Parent 10 0 R /Contents [98 0 R 99 0 R 100 0 R] /Resources 285 0 R /Type /Page /Annots [] D. P. et al., . /Resources 153 0 R /Contents [390 0 R 391 0 R 392 0 R] /Resources 373 0 R ("MFS"), is a Florida corporation that has a principal place of . /Parent 9 0 R A complaint for declaratory relief must allege the following: there is a bona fide dispute between the parties; the plaintiff has a justiciable question as to the existence or nonexistence of some right, status, immunity, power or privilege, or as to some fact upon which existence of such a claim may depend; /CropBox [0 0 612 792] 55. Allied is the nation's second largest waste hauling and disposal company. /Resources 229 0 R Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. 6. ( Otherwise, there may be something missed or an unintended consequence when you sue for injunction, which can can bring about dissatisfaction, regardless of who prevails. 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. 0000001994 00000 n >> /Rotate 0 /Resources 401 0 R /CropBox [0 0 612 792] /Count 10 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 $29 million. /Rotate 0 /Annots [] <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> /MediaBox [0 0 612 792] 8. The Macon, GA area is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the ClaytonAct. << and Florida Statute 86.011, et seq. endobj /Parent 9 0 R /Resources 205 0 R 24 0 obj /Annots [] /MediaBox [0 0 612 792] "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. 22 0 obj Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. /Parent 14 0 R ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. << >> /Subtype /XML 60 0 obj /Resources 357 0 R /CropBox [0 0 612 792] 10941 and Laws of Florida, Ch. After the acquisition, Allied would control roughly 69 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $25 million. /Annots [] /Parent 7 0 R /Contents [230 0 R 231 0 R 232 0 R] /Type /Page /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> << endobj /Rotate 0 Share sensitive information only on official, secure websites. >> << /Resources 405 0 R 15. /Annots [] /Parent 9 0 R COMPLAINT FOR INJUNCTIVE, DECLARATORY RELIEF, AND DAMAGES Plaintiff, STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS sues Defendant, TODD TEAL d/b/a WALTER A. SMITH, SNUFFY SMITH, (TEAL) and alleges: NATURE OF THE ACTION 1. /Annots [] /Resources 309 0 R /CropBox [0 0 612 792] ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx /Annots [] 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. /MediaBox [0 0 612 792] << /Rotate 0 SOUTHERN DISTRICT OF FLORIDA . /Rotate 0 /Contents [130 0 R 131 0 R 132 0 R] /CropBox [0 0 612 792] >> endobj /Contents [246 0 R 247 0 R 248 0 R] endobj ( As such, following the process to the tee will help improve your chances for success. /Resources 281 0 R /Rotate 0 /Contents [374 0 R 375 0 R 376 0 R] /Parent 10 0 R There are immediate expenditures necessary. %PDF-1.5 /Kids [45 0 R 46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R 54 0 R] %PDF-1.6 endobj (2001). << 53. /Rotate 0 /MediaBox [0 0 612 792]