/Contents [398 0 R 399 0 R 400 0 R] /Resources 217 0 R /Resources 105 0 R Injunctive relief is considered an extraordinary remedy in both State and Federal court. /Parent 14 0 R xref /Resources 197 0 R /Resources 193 0 R /Contents [118 0 R 119 0 R 120 0 R] endobj 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. << /Resources 225 0 R /Resources 409 0 R Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. The extension ofvote-by-mail options and other accommodations at polling places is necessary. MSW does not include special handling waste (e.g., waste from manufacturing processes, regulated medical waste, sewage, and sludge), hazardous waste, or waste generated by construction or demolition sites. 8 0 obj 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. endobj /Annots [] endobj 18 0 obj << ]\q( $QSRP@=8`) $CC16 PI_ XL /Parent 14 0 R PDF COMPLAINT FOR INJUNCTIVE RELIEF - archive.org /Count 79 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. 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. >> 48. 11 0 obj Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . /MediaBox [0 0 612 792] /Annots [] endobj << 5 0 obj /MediaBox [0 0 612 792] %PDF-1.4 % /Parent 10 0 R /Parent 14 0 R hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` 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. endobj << /Parent 10 0 R 10941 and Laws of Florida, Ch. INTRODUCTION . 57 0 obj /Parent 13 0 R 9 0 obj /Length 3282 PDF Complaint for Injunctive Relief, Damages, >> /Contents [366 0 R 367 0 R 368 0 R] 33 0 obj JURISDICTION AND VENUE 13. endobj /Rotate 0 /MediaBox [0 0 612 792] >> %%EOF .+p>hPhb4yiK=c`/XOv@|fe`iY 44. - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. /Resources 361 0 R This is an action for injunctive and declaratory relief, costs, damages, attorney's fees, penalties, and other available statutory relief, pursuant to the Florida Deceptive and Unfair . /MediaBox [0 0 612 792] 2 0 obj /Contents [266 0 R 267 0 R 268 0 R] /MediaBox [0 0 612 792] REPUBLIC SERVICES, INC., 110 S.E. and Florida Statute 86.011, et seq. "New York City, NY area" means the Borough of Brooklyn, New York. 50. /Parent 12 0 R 28 0 obj 19 0 obj PDF United States District Court Middle District of Florida Tampa Division Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. /Resources 365 0 R >> APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . /CropBox [0 0 612 792] /Resources 305 0 R /Resources 205 0 R /CropBox [0 0 612 792] 1391, . THIS COURT'S POWER TO GRANT RELIEF 84. >> >> >> WEST PALM BEACH DIVISION . >> Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. /Annots [] 27. /CropBox [0 0 612 792] endobj /Type /Page /MediaBox [0 0 612 792] endobj /Parent 7 0 R /MediaBox [0 0 612 792] 51. 35 0 obj /Rotate 0 /Type /Page endobj <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> /Annots [] endobj endobj #%$""!&+7/&)4)! /Annots [] /Resources 277 0 R 76 13 47. JFIF C /Parent 8 0 R trailer (ECF No. /Contents [290 0 R 291 0 R 292 0 R] >> In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. /Annots [] /Resources 237 0 R /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Annots [] /Contents [234 0 R 235 0 R 236 0 R] /MediaBox [0 0 612 792] 0000006750 00000 n ( /CropBox [0 0 612 792] In such areas, many of the problems associated with the permitting and construction of a landfill could make it difficult to permit and construct a transfer station. PDF Verified Complaint for Damages and Injunctive Relief 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. 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. "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. /Resources 293 0 R startxref 63. >> 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. /MediaBox [0 0 612 792] endobj /Annots [] 42. /Type /Page >> /Resources 281 0 R >> 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. << 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. ( /Nums [0 6 0 R] >> << 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. 34. endobj 3. /Type /Page 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. This is a must-watch video before you consider whether to sue for injunction. /Parent 8 0 R /Count 10 74 0 obj /Type /Pages /Annots [] /Parent 9 0 R >> /MediaBox [0 0 612 792] /Contents [226 0 R 227 0 R 228 0 R] Garcia controll ed the MJ Companies prior to their going into receivership. /CropBox [0 0 612 792] /Resources 397 0 R << After the acquisition, Republic would control over 85 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. /Parent 7 0 R >> /Resources 381 0 R /Resources 221 0 R /CropBox [0 0 612 792] /Contents [298 0 R 299 0 R 300 0 R] endobj /Type /Page /Parent 14 0 R JURISDICTION AND VENUE 2. /Parent 4 0 R 56. << << /MediaBox [0 0 612 792] "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. On a typical small container commercial waste collection route, an operator drives a FEL vehicle to the customer's container, engages a mechanism that grasps and lifts the container over the front of the truck, and empties the container into the vehicle's storage section, where the waste is compacted and stored. Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. /Type /Pages /Resources 297 0 R 0000001275 00000 n /Rotate 0 stream <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. << stream /Parent 14 0 R /MediaBox [0 0 612 792] /Parent 12 0 R /Contents [174 0 R 175 0 R 176 0 R] Professional Services Industry Legal Blog>. ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] endstream /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief /Parent 14 0 R &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id 1 0 obj /Parent 12 0 R 46. The next step is careful preparation before the temporary injunction hearing. 46 0 obj It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. /Parent 14 0 R In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. How to Obtain a Temporary (Preliminary) Injunction in Florida - Ewusiak Law /Type /Page ? /Contents [106 0 R 107 0 R 108 0 R] /Type /Page /Parent 7 0 R /Resources 117 0 R /Contents [350 0 R 351 0 R 352 0 R] 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. Section 13(b) of the FTC Act, 15 U.S.C. endobj << 90 0 obj /Contents [114 0 R 115 0 R 116 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. 15. /Count 9 /Contents [190 0 R 191 0 R 192 0 R] >> /Contents [218 0 R 219 0 R 220 0 R] /Resources 241 0 R /Resources 353 0 R /Type /Page 53 0 obj Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. /Resources 333 0 R /Type /Page /Parent 10 0 R Finally, prices for small container service are influenced principally by the density of the routes served by each vehicle; prices for roll-off services are influenced primarily by the distance of the customer's location from the hauler's location and the disposal site, the time required to travel those distances, and the cost of disposal at the disposal site. /Rotate 0 >> /CropBox [0 0 612 792] >> 24 0 obj << /CropBox [0 0 612 792] << /CropBox [0 0 612 792] << ( /Contents [206 0 R 207 0 R 208 0 R] There are no good substitutes for MSW disposal. 30. /Contents [230 0 R 231 0 R 232 0 R] PDF United States District Court Southern District of Florida Case No /Annots [] >> endobj /CropBox [0 0 612 792] 3 0 obj 22408. endobj endobj 2. endobj 55 0 obj PDF COMPLAINT FOR PERMANENT INJUNCTION - United States Department of Justice /Contents [286 0 R 287 0 R 288 0 R] /Contents [242 0 R 243 0 R 244 0 R] endstream endobj 29 0 obj <>stream /Contents [270 0 R 271 0 R 272 0 R] /Rotate 0 >> (PC) Carroll v. Vallejo Police Department, et al., No. 1:2023cv00004 endobj ( /Type /Page endobj /Contents [338 0 R 339 0 R 340 0 R] /CropBox [0 0 612 792] 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. endobj 52. << 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. 9. PDF Complaint for Injunctive and Other Relief and Demand for Jury Trial I /Type /Page 4 0 obj 84 0 obj /Resources 113 0 R /Rotate 0 /Annots [] 65. /MediaBox [0 0 612 792] 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. 42 0 obj /Contents [138 0 R 139 0 R 140 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. /Annots [] /Annots [] Official websites use .gov >> /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Rotate 0 /Type /Page /MediaBox [0 0 612 792] /Annots [] /Type /Pages Haulers, therefore, generally establish garages and related facilities within each major local area served. 0000001187 00000 n /Annots [] /Contents [126 0 R 127 0 R 128 0 R] /Parent 14 0 R /Type /Page /Rotate 0 /Type /Page /Parent 11 0 R /Parent 7 0 R << Each of these areas is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. /Annots [] PDF Verified Second Amended Complaint for Injunctive and Declaratory Relief /MediaBox [0 0 612 792] The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. /Parent 4 0 R /Parent 9 0 R 88 0 obj For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. << /Annots [] /Annots [] /Rotate 0 /Type /Page 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. /Rotate 0 << 0000001994 00000 n 20 0 obj /Annots [] 17 0 obj Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. 2201-202, and . /Type /Page /CropBox [0 0 612 792] /MediaBox [0 0 612 792] Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. /Annots [] /Parent 12 0 R >> 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. ( /Rotate 0 endobj ( 85 0 obj /Type /Page 3. There could be a negative impact on the plaintiffs public image. 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. endobj startxref 0 22. << >> Complaint for Injunctive Relief . There are immediate expenditures necessary. . /Annots [] EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. /Annots [] 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. The predictable result is the denial of the vote to untold numbers of Floridians who had planned to vote in person on Election Dayincluding those who are elderly or have health conditions and cannot get to the polls without tremendous risk, university students who are no longer present in their county of registration because their dorms have closed, and those who venture out but encounter long lines and confusion at the polls. /CropBox [0 0 612 792] /Annots [] /Resources 309 0 R not endobj endobj >> The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. Garcia is a resident of North Lauderdale, Fl orida.
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