complaint for injunctive relief florida

_l {:\! /Annots [] 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. /Rotate 0 << << << In the Lakeland, FL area, the acquisition would reduce from two to one the number of significant competitors in the collection of small container commercial waste. << % Defendant is defined as a "Public Accommodation" within meaning of Title III >> %PDF-1.4 % >> /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] Roll-off haulers typically deal with larger waste volumes from a single customer for which disposal costs constitute a greater percentage of the total revenue received for the service. 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. 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. /Annots [] << 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 $24 million. 45. : 01-42230-BKC-AJC . 0000000592 00000 n 22 and 28 U.S.C. 38 0 obj Charles B. Jimerson /Resources 201 0 R endobj /Rotate 0 /Contents [150 0 R 151 0 R 152 0 R] >> >> /MediaBox [0 0 612 792] << 76 13 Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] << >> << /Parent 14 0 R did not involve a claim for declaratory relief. >> 2 0 obj The transactions likely will have the following effects, among others: 1. 54 0 obj /CropBox [0 0 612 792] /Annots [] << /Annots [] >> 53. /MediaBox [0 0 612 792] /Annots [] 0000000879 00000 n In addition, Wilson traveled at least twice to Florida for work-related trips in 2019, including once to Miami and Tampa in or around the spring of 2019 and once to Orlando in or around November or December 2019. endobj << endobj A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 68. /MediaBox [0 0 612 792] Z( /Contents [98 0 R 99 0 R 100 0 R] /Annots [] endobj endobj /MediaBox [0 0 612 792] for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. /Parent 7 0 R xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 23 0 obj 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. endobj /MediaBox [0 0 612 792] ("MFS"), is a Florida corporation that has a principal place of . ( ( /Resources 157 0 R It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. /Type /Pages >> /Parent 11 0 R Official websites use .gov << /MediaBox [0 0 612 792] 50. Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. /Parent 12 0 R /CropBox [0 0 612 792] /Rotate 0 24. /Parent 9 0 R 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. endobj Small Container Commercial Waste Collection Service. /Type /Pages An individual commercial customer typically generates substantially more MSW than a residential customer. %PDF-1.5 % >> /Rotate 0 /Count 9 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. >> There are no good substitutes for MSW disposal. 19 0 obj /MediaBox [0 0 612 792] /Parent 10 0 R << /CropBox [0 0 612 792] Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. endobj /Contents [158 0 R 159 0 R 160 0 R] REPUBLIC SERVICES, INC., 110 S.E. << /Contents [134 0 R 135 0 R 136 0 R] As such, following the process to the tee will help improve your chances for success. Plaintiff LEAGUE OF WOMEN VOTERS OF FLORIDA ("LWVF" or the "League") is the Florida affiliate of the League of Women Voters of the United States. >> ( /CropBox [0 0 612 792] The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. /Parent 9 0 R /Rotate 0 /Annots [] 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. << /Annots [] /Type /Page /Contents [358 0 R 359 0 R 360 0 R] Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . >> ( 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. endobj trailer /Contents [286 0 R 287 0 R 288 0 R] /Type /Page << >> >> /Parent 10 0 R /MediaBox [0 0 612 792] /Contents [290 0 R 291 0 R 292 0 R] 1 0 obj Small container commercial service vehicles routinely employ compaction systems on the truck to increase storage capacity, and can empty numerous small containers located on a scheduled route before being driven to a disposal site. /CropBox [0 0 612 792] 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. 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt /Annots [] 39. endobj ( /Parent 11 0 R /Resources 393 0 R US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. For a number of reasons, landfills may not be located close to where the waste is generated. 2201 a nd 2202. /CropBox [0 0 612 792] /Resources 329 0 R On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). /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. Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. /Annots [] 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. In 1999, Allied reported total revenues of approximately $6 billion. 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. startxref 4 0 obj Republic is engaged in providing waste collection and disposal services throughout the United States. 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. %%EOF >> There are immediate expenditures necessary. /Resources 101 0 R 21. /Parent 12 0 R ( /Resources 257 0 R Garcia is a resident of North Lauderdale, Fl orida. /Type /Page 37 0 obj /Annots [] /MediaBox [0 0 612 792] << 63 0 obj 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. Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. /Count 10 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. /CropBox [0 0 612 792] /Creator (PScript5.dll Version 5.2.2) If the major roll-off competitor in a market likewise precludes significant competition through the use of long-term customer contracts which automatically renew, entry by new competitors and growth from existing ones are further hindered. /Rotate 0 /Resources 269 0 R >> After the acquisition, Allied would control over 50 percent--and two firms more than 90 percent-- of the small container commercial waste hauling market, which has annual revenues of about $10 million. Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. /Resources 333 0 R /Parent 8 0 R /MediaBox [0 0 612 792] 10. >> /Rotate 0 /CropBox [0 0 612 792] >> >> >> /Resources 221 0 R /Parent 11 0 R Haulers, therefore, generally establish garages and related facilities within each major local area served. 13. 45], filed on August 192021, . Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). 61. >> /Annots [] >> /Rotate 0 /Rotate 0 endobj /Contents [198 0 R 199 0 R 200 0 R] startxref 47 0 obj >> >> /Contents [370 0 R 371 0 R 372 0 R] /Contents [114 0 R 115 0 R 116 0 R] /Type /Pages ? << 12102(1)-(2), the regulations implementing the . /Resources 225 0 R 15 0 obj /CropBox [0 0 612 792] >> /Annots [] /Parent 8 0 R /Subtype /XML /Contents [234 0 R 235 0 R 236 0 R] 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. 49. >> /Contents [146 0 R 147 0 R 148 0 R] This is a civil action brought by the United States of America to enjoin defendant . << /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Contents [294 0 R 295 0 R 296 0 R] 4. /Parent 10 0 R /Parent 9 0 R /Annots [] /MediaBox [0 0 612 792] /Rotate 0 >> 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. 66 0 obj 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. << ( << /Contents [330 0 R 331 0 R 332 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. %%EOF 48 0 obj /Contents [362 0 R 363 0 R 364 0 R] /Contents [282 0 R 283 0 R 284 0 R] For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. << /CropBox [0 0 612 792] >> /Type /Page Section 13(b) of the FTC Act, 15 U.S.C. << /Type /Page 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. ( %PDF-1.5 endobj 30 0 obj /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] SOUTHERN DISTRICT OF FLORIDA . 52. 6. /Resources 297 0 R D. Entry Into Commercial Waste Collection of MSW. /Type /Page provide relief to all the individuals affected by APD's action. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] JURISDICTION AND VENUE 2. "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. 12. The President of the United States and the Governor of Florida have each declared a state of emergency. /MediaBox [0 0 612 792] >> IV. /Annots [] endobj >> Allied is the nation's second largest waste hauling and disposal company. >> _______/s/____________________ Donna E. Patterson Deputy Assistant Attorney General, _________/s/__________________ Constance K. Robinson Director of Operations and Merger Enforcement, ________/s/___________________ J. Robert Kramer II Chief, Litigation II Section, _________/s/__________________ Willie L. Hudgins Assistant Chief, Litigation II Section, ___________/s/________________ Arthur A. Feiveson IL Bar # 3125793, __________/s/_________________ Michael K. Hammaker DC Bar # 233684, __________/s/_________________ Chinita M. Sinkler MD Bar, U.S. Department of Justice Antitrust Division, Litigation II Section 1401 H Street, NW, Suite 3000 Washington, D.C. 20530 (202) 307-0924. /CropBox [0 0 612 792] /Length 3282 /Contents [142 0 R 143 0 R 144 0 R] /MediaBox [0 0 612 792] << << /Parent 4 0 R /Parent 9 0 R /Annots [] Less frequently, haulers may use more maneuverable, but less efficient, rear-end loader ("REL") trucks, especially in those areas in which a collection route includes narrow alleyways or streets. << /Type /Page >> 32. /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. << << endobj endobj /MediaBox [0 0 612 792] /Type /Page 3. 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. Noncompete Agreements: Protecting Referral Relationships as Legitimate Business Interests, Hiring for Florida Banks and Credit Unions: A Summary of Background Checks and Other Information Required to Comply With Various Regulatory Schemes. The extension ofvote-by-mail options and other accommodations at polling places is necessary. /Length 1411 /Annots [] /CropBox [0 0 612 792] /Annots [] /Annots [] /Parent 13 0 R /CropBox [0 0 612 792] /Contents [386 0 R 387 0 R 388 0 R] Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. /MediaBox [0 0 612 792] 93 0 obj 26 0 obj /Rotate 0 << << 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. (ECF No. Is the injunction prohibitory or mandatory? Because of its characteristics (e.g. /Rotate 0 Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . ( /PageLabels 3 0 R /Pages 4 0 R 0000000016 00000 n In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. /Type /Page Amended Complaint "Motion") [ECF(the No. /Rotate 0 72 0 obj /Type /Page 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 27 0 obj /Parent 9 0 R /CropBox [0 0 612 792] /MediaBox [0 0 612 792] The differences in the types and volume of MSW collected and in the equipment used in collection distinguish small container commercial waste collection from all other types of waste collection activities. 27. /Type /Page 23. /Contents [406 0 R 407 0 R 408 0 R] /MediaBox [0 0 612 792] << 16 0 obj 3. /Rotate 0 /Type /Page K.A%aut\@Uaa[pVWnOe /MediaBox [0 0 612 792] /Type /Page This is an action for injunctive relief. 55 0 obj endstream /Annots [] /Type /Page /Parent 7 0 R /Type /Page judgment, and preliminary and permanent injunctive relief and damages. 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. stream "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. 18. /Contents [326 0 R 327 0 R 328 0 R] endobj << /Resources 389 0 R /Type /Page << /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Rotate 0 << 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. << /Count 79 /Parent 9 0 R 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. Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. 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. /Rotate 0 << /CropBox [0 0 612 792] endobj >> "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. /Rotate 0 << %PDF-1.3 % Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. << 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. 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. "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. /Count 10 /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. 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. After the acquisition, Allied would control over 35 percent--and two firms more than 80 percent--of the small container commercial waste hauling market, which has annual revenues of about $17 million.