/Rotate 0 /Resources 409 0 R 18 0 obj /Rotate 0 /Annots [] >> /Contents [334 0 R 335 0 R 336 0 R] Because of its characteristics (e.g. This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. 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. /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] The county court may issue a temporary and permanent injunction where appropriate for violation of ss. /MediaBox [0 0 612 792] prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. The City changed its name from "New >> ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; >> /Type /Page << /Type /Page 70 0 obj >> /Parent 9 0 R /ModDate (D:20220824143048-04'00') /Annots [] /Resources 373 0 R endobj << /Rotate 0 /Resources 265 0 R << >> /CropBox [0 0 612 792] 38 0 obj 61 0 obj /Rotate 0 COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . The proposed transactions, identified below, would lessen competition substantially in waste collection and/or disposal services: (1) Allied's acquisition of hauling assets in Albany, New York; (2) Allied's acquisition of hauling assets in Augusta, Georgia; (3) Allied's acquisition of hauling assets in Memphis, Nashville and Clarksville, Tennessee; (4) Allied's acquisition of disposal assets in New York, New York; (5) Allied's acquisition of hauling assets in Norfolk, Virginia; (6) Allied's acquisition of hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida ("Gulf Coast, Florida"); (7) Republic's acquisition of disposal assets in Anderson, Indiana; (8) Republic's acquisition of hauling assets in Columbus, Ohio; (9) Republic's acquisition of hauling assets in Lakeland, Florida; (10) Republic's acquisition of hauling assets in Louisville, Kentucky and Sellersburg, Indiana; (11) Republic's acquisition of hauling and disposal assets in Macon, Georgia; and (12) Republic's acquisition of hauling assets in Monmouth, Burlington and Camden counties, New Jersey. /Contents [222 0 R 223 0 R 224 0 R] /Contents [250 0 R 251 0 R 252 0 R] /Annots [] << 56 0 obj /Parent 9 0 R Therefore, its important to not consider it a tool for righting a wrong. >> >> Plaintiff complains and alleges as follows: 1. M`5`i`F{qZ /Type /Page << /Type /Page 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. /Parent 11 0 R /Count 10 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. << /CropBox [0 0 612 792] >> endobj K.A%aut\@Uaa[pVWnOe /Parent 4 0 R 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. /Parent 8 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. /MediaBox [0 0 612 792] /Type /Pages << /Resources 245 0 R /Contents [262 0 R 263 0 R 264 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. /Type /Page /Parent 14 0 R /Annots [] ( endobj /Contents [290 0 R 291 0 R 292 0 R] 14. 88 0 obj<>stream >> 63. /CropBox [0 0 612 792] /Contents [342 0 R 343 0 R 344 0 R] C. Reduction in Competition As a Consequence of the Acquisition. /Parent 8 0 R hbbd`b`rfb`gb` # /CropBox [0 0 612 792] MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. /Type /Page Official websites use .gov 80 0 obj /Annots [] endobj endobj endobj %PDF-1.4 % 25. 0000002235 00000 n Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . /Annots [] 7. 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. Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . /Annots [] 67 0 obj 12. 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. not << /Type /Pages /Parent 13 0 R /Resources 281 0 R 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt endobj /Type /Page /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. Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. << /CropBox [0 0 612 792] /CropBox [0 0 612 792] << 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. 21 0 obj THIS COURT'S POWER TO GRANT RELIEF 84. Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. 33 0 obj << 93 0 obj >> 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. "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. /Rotate 0 /Annots [] /Resources 133 0 R stream 19 0 obj /Parent 13 0 R >> 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. /MediaBox [0 0 612 792] /Annots [] >> << Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] A .gov website belongs to an official government organization in the United States. endobj An individual commercial customer typically generates substantially more MSW than a residential customer. In each of these markets, the resulting substantial increase in concentration, loss of competition, and absence of reasonable prospect of significant new entry or expansion by market incumbents, ensures that consumers will pay substantially higher prices for collection of small container commercial waste, the collection of roll-off waste, or the disposal of MSW. /MediaBox [0 0 612 792] /Resources 249 0 R >> 54. >> Complaint for Injunctive Relief . SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. >> COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . It is engaged in providing waste collection and disposal services throughout the United States. << Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. 82 0 obj "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. GsYzQh50ee' /Contents [142 0 R 143 0 R 144 0 R] 6 0 obj 5 0 obj /Rotate 0 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. Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. /CropBox [0 0 612 792] /Contents [406 0 R 407 0 R 408 0 R] /Parent 9 0 R Does the injunction provide broad or limited relief? >> 2 0 obj 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. ( >> 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 293 0 R 95 0 obj /MediaBox [0 0 612 792] /Type /Page << /Type /Page 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. >> /MediaBox [0 0 612 792] /Resources 289 0 R >> endobj In the event of a small but significant increase in the price of the disposal of MSW in the Anderson, IN or New York City, NY areas, haulers of MSW generated in each area would not turn to disposal facilities outside their area. /CropBox [0 0 612 792] /CropBox [0 0 612 792] 41 0 obj /Rotate 0 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 25 0 obj <> endobj /Resources 337 0 R endobj 63 0 obj /Rotate 0 endobj 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. 22. /Parent 7 0 R /Contents [178 0 R 179 0 R 180 0 R] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] _l {:\! 28 0 obj << /Rotate 0 endobj /Count 10 While small container commercial waste collection typically involves a FEL truck making regular stops on pre-scheduled routes to empty numerous containers at multiple customer locations, roll-off waste collection is often performed on an "on-call" basis for customers whose waste is not part of any route. /Resources 193 0 R /Parent 7 0 R /Annots [] 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 . 13 0 obj It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. /MediaBox [0 0 612 792] 31 0 obj <>stream 16. ( /Type /Page Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. /Annots [] /Contents [194 0 R 195 0 R 196 0 R] 76 0 obj /CropBox [0 0 612 792] /Parent 10 0 R endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream Local 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 areas can profitably increase charges to local customers without losing significant sales to more distant competitors. This is a must-watch video before you consider whether to sue for injunction. /Rotate 0 /CropBox [0 0 612 792] << %PDF-1.3 % 52 0 obj /MediaBox [0 0 612 792] endstream 18. 34 0 obj >> /Count 10 hb```"FN%n010pKsg``Z ^^@Y"bL38/4F `} endstream endobj 24 0 obj <> endobj 25 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 26 0 obj <>stream /Contents [278 0 R 279 0 R 280 0 R] /Rotate 0 /Rotate 0 /MediaBox [0 0 612 792] >> /Rotate 0 >> /Parent 4 0 R /Parent 13 0 R /MediaBox [0 0 612 792] 27 0 obj /Resources 189 0 R 10941 and Laws of Florida, Ch. /S /D Due to the high costs of transporting MSW, and the substantial travel time to other disposal facilities based on distance, natural barriers, and congested roadways, haulers of MSW from the Anderson, IN and New York City, NY areas, respectively, are limited to transfer station disposal sites located in each of their local areas. /Contents [210 0 R 211 0 R 212 0 R] << Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Type /Page endobj Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. >> /Resources 165 0 R ( /Contents [166 0 R 167 0 R 168 0 R] >> 0000000016 00000 n << 8 0 obj /MediaBox [0 0 612 792] 56. >> /CropBox [0 0 612 792] /Rotate 0 /Rotate 0 6. ( The United States is entitled to injunctive relief under 26 U.S.C. 36 0 obj /Annots [] /Type /Page /Rotate 0 << /MediaBox [0 0 612 792] <<14CA263718F8354CB34DA495C0495A29>]>> Rather, its about dealing with the future, not something that happened in the past. /Contents [110 0 R 111 0 R 112 0 R] /MediaBox [0 0 612 792] prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. ( 0000000879 00000 n /CropBox [0 0 612 792] /Contents [386 0 R 387 0 R 388 0 R] >> 5. EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. /Contents [158 0 R 159 0 R 160 0 R] /CropBox [0 0 612 792] endobj /Type /Page Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit /CropBox [0 0 612 792] << /Type /Page D. Entry Into Commercial Waste Collection of MSW. /Resources 177 0 R << /Contents [150 0 R 151 0 R 152 0 R] << endobj } !1AQa"q2#BR$3br /Annots [] /Resources 169 0 R /Resources 273 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. Managing Partner 10. /Contents [154 0 R 155 0 R 156 0 R] << 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. 2320 14 /Parent 8 0 R /CropBox [0 0 612 792] endobj /Parent 11 0 R /MediaBox [0 0 612 792] It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. endobj VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. 50. Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? /Resources 325 0 R Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). >> >> /Rotate 0 In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. 79 0 obj >> 13. endobj /Rotate 0 >> Garcia controll ed the MJ Companies prior to their going into receivership. endobj >> >> /Parent 8 0 R 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. /Parent 11 0 R /Contents [378 0 R 379 0 R 380 0 R] << 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. 1391, . Secure .gov websites use HTTPS

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