>> /Parent 12 0 R 45 0 obj %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr endobj ( 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. Unless the twelve acquisitions are enjoined, consumers of waste collection and disposal services will likely pay higher prices and receive fewer services as a consequence of the elimination of the vigorous competition between defendants Allied and Republic. 0000001641 00000 n /Resources 177 0 R << ( >> << /CropBox [0 0 612 792] /Type /Page %PDF-1.3 % /Contents [310 0 R 311 0 R 312 0 R] In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. 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. endobj >> /MediaBox [0 0 612 792] endstream endobj 29 0 obj <>stream hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream ( /Rotate 0 0000002992 00000 n /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] /Parent 12 0 R /Contents [330 0 R 331 0 R 332 0 R] 14. Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. 43 0 obj /Count 10 >> Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. <> "New York City, NY area" means the Borough of Brooklyn, New York. /Resources 221 0 R %PDF-1.5 % 57. Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. /Resources 397 0 R Often businesses do not consider the implications for taking this action. >> 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. << endobj ( /CropBox [0 0 612 792] 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 [] /MediaBox [0 0 612 792] /Contents [190 0 R 191 0 R 192 0 R] 8. Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. /Parent 9 0 R endobj << 48. /Resources 197 0 R ( /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. << /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] 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. << /MediaBox [0 0 612 792] endobj /CropBox [0 0 612 792] /Contents [262 0 R 263 0 R 264 0 R] /Parent 13 0 R Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. 44 0 obj /CropBox [0 0 612 792] /Resources 329 0 R 65 0 obj /Resources 189 0 R endobj endobj 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. 6. 41. "Louisville, KY/ Sellersburg, IN area" means the cities of Louisville, Kentucky and Sellersburg, Indiana; Jefferson County, Kentucky; and the parts of Floyd and Clark counties, Indiana abutting Jefferson County, Kentucky. /Count 10 /Contents [338 0 R 339 0 R 340 0 R] endobj << /Rotate 0 64. 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. ( 20 0 obj 27. /CropBox [0 0 612 792] (Compl . 0000003135 00000 n /Type /Page Rather, its about dealing with the future, not something that happened in the past. 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. /Subtype /XML There could be a negative impact on the plaintiffs public image. The Corps' environmental analysis for this project is based on the same assumptions and 10. endobj /CropBox [0 0 612 792] 1 0 obj 2201-202, and . h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< Because of its characteristics (e.g. 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 [318 0 R 319 0 R 320 0 R] /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] /Parent 12 0 R /Resources 161 0 R Universities have sent students home, people are remaining in quarantine, poll workers are dropping out, and Supervisors of Elections have closed or moved 112 polling places in 22 counties, in many cases less than a week before the election. /CropBox [0 0 612 792] hear the plaintiff's claim for declaratory and injunctive relief because the plaintiff alleged an amount in controversy in excess of $15,000; which obviously, is due to the fact that . /Annots [] >> /Type /Page /CropBox [0 0 612 792] 3. ( /Rotate 0 >> /Type /Page /Annots [] /Resources 393 0 R endobj 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 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. >> /Resources 309 0 R /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] stream /CropBox [0 0 612 792] .t. /Annots [] endobj "Small container commercial waste collection service" means the business of collecting MSW from commercial and industrial accounts, usually in "dumpsters" (i.e., a small container with one to ten cubic yards of storage capacity), and transporting or "hauling" such waste to a disposal site by use of a front-or rear-end loader truck. Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. 2320 14 /Contents [278 0 R 279 0 R 280 0 R] 5 0 obj << /Rotate 0 /Annots [] Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. << /Rotate 0 << /Type /Page 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 $3 million. In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. 63 0 obj << endobj /MediaBox [0 0 612 792] /Type /Page On July 28 and October 7, 1999, Allied and Republic entered into separate asset purchase agreements in which they agreed to exchange certain waste hauling and disposal assets. /Filter /FlateDecode 28 0 obj Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. /Parent 10 0 R << /Resources 209 0 R 16 0 obj /Contents [126 0 R 127 0 R 128 0 R] 41 0 obj 81 0 obj 59. << >> >> xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 endobj PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . /CropBox [0 0 612 792] 34. 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; /Parent 10 0 R /Resources 117 0 R >> /Rotate 0 endobj >> /Rotate 0 /Contents [290 0 R 291 0 R 292 0 R] /Parent 8 0 R /MediaBox [0 0 612 792] Plaintiff complains and alleges as follows: 1. 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. 3. /CropBox [0 0 612 792] On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). C. Reduction in Competition As a Consequence of the Acquisition. ( 25. 70 0 obj 50. /Rotate 0 _______/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. 28. /MediaBox [0 0 612 792] COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . 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. 12. (ECF No. << /Annots [] /Parent 8 0 R /Type /Page ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; /CropBox [0 0 612 792] /Annots [] /Parent 9 0 R /Resources 201 0 R /Rotate 0 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. /MediaBox [0 0 612 792] /Annots [] /MediaBox [0 0 612 792] 7.) << /Annots [] /Annots [] >> 39 0 obj /Contents [270 0 R 271 0 R 272 0 R] This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. << /CropBox [0 0 612 792] /MediaBox [0 0 612 792] In the Columbus, OH area, the proposed acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste. "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. /Annots [] 4. clearly appears from specific facts shown by affidavit or by verified complaint that immediate or /Contents [234 0 R 235 0 R 236 0 R] /CropBox [0 0 612 792] /Annots [] /CropBox [0 0 612 792] /Parent 10 0 R >> . The President of the United States and the Governor of Florida have each declared a state of emergency. startxref This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. /MediaBox [0 0 612 792] /Resources 265 0 R /Contents [334 0 R 335 0 R 336 0 R] /Resources 277 0 R 20. << 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. 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. Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. << /Parent 4 0 R /Type /Page /Rotate 0 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. << /Contents [198 0 R 199 0 R 200 0 R] << ( /CropBox [0 0 612 792] >> /Parent 14 0 R >> not 11. 25 0 obj <> endobj There are immediate expenditures necessary. >> /Contents [166 0 R 167 0 R 168 0 R] /Type /Page Anderson, IN and New York City, NY are two such areas. A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . GsYzQh50ee' /Rotate 0 Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. /Rotate 0 >> Complaint for Injunctive Relief . /MediaBox [0 0 612 792] << There may be disclosure of confidential information such as trade secrets. 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. /Contents [186 0 R 187 0 R 188 0 R] /Parent 12 0 R That plaintiff recover the costs of this action. endstream /Parent 10 0 R /Annots [] 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. << 26. /MediaBox [0 0 612 792] 29. endobj stream << The significant share of the roll-off collection market which Republic would have, its control of the primary disposal sites in the area, and its frequent use of long-term, automatically renewing contracts with roll-off collection customers, would make entry into the Macon, GA roll-off waste collection market difficult, and unlikely to prevent market incumbents from significantly raising prices for the collection of roll-off waste following the acquisition. 7 0 obj /Contents [142 0 R 143 0 R 144 0 R] 5. endobj 14 0 obj /Contents [250 0 R 251 0 R 252 0 R] /Contents [402 0 R 403 0 R 404 0 R] /Annots [] In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /Rotate 0 hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` In addition, a FEL or REL vehicle cannot be efficiently driven long distances without collecting significant amounts of MSW, which makes it economically impractical for a small container commercial waste collection firm to serve metropolitan areas from a distant base. /Annots [] 46. >> /CropBox [0 0 612 792] /Rotate 0 As such, following the process to the tee will help improve your chances for success. /CropBox [0 0 612 792] /CropBox [0 0 612 792] 53. 30 0 obj Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. 24. << /Parent 11 0 R 3 0 obj >> 5.) Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050. Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. << /Rotate 0 33 0 obj 18. /Rotate 0 and Florida Statute 86.011, et seq. ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. 58. 0000003946 00000 n /Resources 373 0 R VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. /Parent 9 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. 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. 32 0 obj It is engaged in providing waste collection and disposal services throughout the United States. /Annots [] 21-81099-CIV-CANNON/Reinhart . That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. 86 0 obj /Rotate 0 /Type /Page xref /Type /Page 12. << 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. /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) /Rotate 0 /CropBox [0 0 612 792] /Contents [386 0 R 387 0 R 388 0 R] Garcia is a resident of North Lauderdale, Fl orida. /CropBox [0 0 612 792] /CropBox [0 0 612 792] 66 0 obj US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. /Annots [] In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off 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. /Annots [] /Type /Page 94 0 obj >> /Resources 341 0 R >> 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. /Resources 365 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. /Annots [] endobj relief pursuant to Chapter 86, Florida Statutes. endobj /Contents [174 0 R 175 0 R 176 0 R] << /Contents [342 0 R 343 0 R 344 0 R] >> /Contents [322 0 R 323 0 R 324 0 R] 68 0 obj /CropBox [0 0 612 792] ( "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. << /Rotate 0 >> 4 0 obj /MediaBox [0 0 612 792] INTRODUCTION . .+p>hPhb4yiK=c`/XOv@|fe`iY 35. Haulers, therefore, generally establish garages and related facilities within each major local area served. . /Contents [294 0 R 295 0 R 296 0 R] /Resources 261 0 R /Parent 11 0 R Small container commercial waste collection services are generally provided in highly localized areas because to operate efficiently and profitably, a hauler must have sufficient density in its commercial waste collection operations; i.e., a large number of commercial accounts that are reasonably close together. /Parent 12 0 R %PDF-1.5 22 and 28 U.S.C. /Contents [366 0 R 367 0 R 368 0 R] /Rotate 0 /Contents [230 0 R 231 0 R 232 0 R] << /Rotate 0 /Resources 381 0 R /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] This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. 37. /CropBox [0 0 612 792] endstream << /Type /Page 22. "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. 17. A new entrant into small container commercial waste collection service cannot provide a significant competitive constraint on the prices charged by market incumbents until it achieves minimum efficient scale and operating efficiencies comparable to existing firms. endobj /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] 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. /MediaBox [0 0 612 792] 23 0 obj << Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. /Contents [146 0 R 147 0 R 148 0 R] endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream /Count 10 60. 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. << Annotations: Subsection (b) of the rule extends the Small Claims Rules to all claims for money or property, even when expressed or coupled with a claim for equitable relief. : 01-42230-BKC-AJC . 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. << /Annots [] /MediaBox [0 0 612 792] /Type /Pages 19. /Annots [] /Parent 11 0 R /CropBox [0 0 612 792] /Type /Page /MediaBox [0 0 612 792] /Type /Page >> 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . 52. /Resources 213 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. /MediaBox [0 0 612 792] 2320 0 obj<> endobj >> In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. endstream endobj startxref 2322 0 obj<>stream /Parent 12 0 R 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. 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. /Type /Page /Annots [] ( Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. Professional Services Industry Legal Blog>. /Type /Page << /Contents [306 0 R 307 0 R 308 0 R] >> 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. /Rotate 0 /Annots [] Charles B. Jimerson >> /Rotate 0 endobj /Type /Page 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 . /Type /Page /Type /Page endobj 71 0 obj /MediaBox [0 0 612 792] <>>> << >> hbbd`b`rfb`gb` # /Type /Page 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. << /MediaBox [0 0 612 792] ( /Parent 4 0 R Secure .gov websites use HTTPS 36 0 obj /CropBox [0 0 612 792] << 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 [] >> /Type /Page >> /Annots [] endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream /Contents [266 0 R 267 0 R 268 0 R] /Type /Page /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 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. << << /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] /Parent 7 0 R THIS COURT'S POWER TO GRANT RELIEF 84. /Type /Page 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. 0000001563 00000 n 7402(a) to prevent such conduct. /Contents [122 0 R 123 0 R 124 0 R] 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 /Creator (PScript5.dll Version 5.2.2) 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. Allied and Republic directly compete in the disposal of waste in a number of markets nationwide, including the Anderson, IN; New York City, NY; and Macon, Georgia areas. << Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /MediaBox [0 0 612 792] 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. /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> 0000001373 00000 n /Resources 185 0 R << /Type /Page 22408. CASE NO. /CropBox [0 0 612 792] Last updated on November 21, 2022. /Resources 233 0 R /MediaBox [0 0 612 792] 64 0 obj Suing for an injunction in Florida is all about preserving the status quo. 91 0 obj endobj /CropBox [0 0 612 792] endobj 33. %%EOF 1. /MediaBox [0 0 612 792] /Nums [0 6 0 R] 1391, . 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. An official website of the United States government. 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. prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. /Type /Page >> 84 0 obj /Length 1411 36. << /Rotate 0 /Contents [362 0 R 363 0 R 364 0 R] /MediaBox [0 0 612 792] >> endobj /CropBox [0 0 612 792] /Annots [] Preference Primary election in Florida. /Type /Page provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C.
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