/CropBox [0 0 612 792] M`5`i`F{qZ /Resources 225 0 R 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. In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . /Resources 209 0 R This is an action for permanent injunctive relief, declaratory relief, and /Type /Pages /Contents [150 0 R 151 0 R 152 0 R] 10. /Length 3282 /Rotate 0 36. Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. /Annots [] ( 65 0 obj hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` /Parent 10 0 R JURISDICTION AND VENUE 1. /Contents [290 0 R 291 0 R 292 0 R] There are immediate expenditures necessary. /Parent 12 0 R endobj "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. << ( x1 04) F&`/MFWxC. /Parent 14 0 R /Type /Page Amended Complaint "Motion") [ECF(the No. That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. /Parent 14 0 R /Rotate 0 << /Annots [] /Type /Page 56 0 obj 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. /CropBox [0 0 612 792] /Parent 7 0 R /Annots [] /Parent 12 0 R >> 2 0 obj << 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. /Rotate 0 << endobj endobj 15. 82 0 obj 57 0 obj endobj >> 71 0 obj /Resources 233 0 R 19. /Parent 14 0 R /MediaBox [0 0 612 792] 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. /Resources 269 0 R 13. ( /Annots [] /Resources 101 0 R /Resources 297 0 R . >> << WEST PALM BEACH DIVISION . /MediaBox [0 0 612 792] There are no good substitutes for MSW disposal. /Parent 12 0 R startxref %PDF-1.5 /Type /Page << Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . Omega SA v. The Individuals, Business Entities, and Unincorporated 0000001317 00000 n Complaint for Injunctive Relief | ATR | Department of Justice /Rotate 0 Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida. << /Contents [330 0 R 331 0 R 332 0 R] 0000000592 00000 n /Resources 117 0 R >> /CropBox [0 0 612 792] endstream endobj startxref JFIF C << 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 /Rotate 0 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt 0000000556 00000 n Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. endobj /Annots [] 4 0 obj /Contents [214 0 R 215 0 R 216 0 R] endobj endobj 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. (ECF No. PDF United States District Court Southern District of Florida Case No - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. PDF Verified Second Amended Complaint for Injunctive and Declaratory Relief /Resources 189 0 R << endobj 22408. xref /Annots [] >> 55. << >> /Contents [258 0 R 259 0 R 260 0 R] 0000001994 00000 n 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. H*23430P AsKN$r{(s 3. /Type /Page 61. "0A149;>>>%.DIC; C The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. 88 0 obj<>stream 25 0 obj <> endobj /Resources 353 0 R >> 26. /MediaBox [0 0 612 792] /Type /Page endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream /Annots [] %%EOF >> /Parent 11 0 R /Rotate 0 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. 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. ("MFS"), is a Florida corporation that has a principal place of . 1. /Resources 401 0 R << 79 0 obj In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. /Contents [386 0 R 387 0 R 388 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. /Kids [25 0 R 26 0 R 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R 33 0 R 34 0 R] /MediaBox [0 0 612 792] 54 0 obj A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . 14 0 obj /Type /Page /CropBox [0 0 612 792] not endobj 0000001852 00000 n /Parent 8 0 R >> 86 0 obj /Rotate 0 /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. /Resources 121 0 R /Resources 357 0 R /Parent 8 0 R << ]\q( $QSRP@=8`) $CC16 PI_ XL endobj /MediaBox [0 0 612 792] >> /MediaBox [0 0 612 792] >> << << "New York City, NY area" means the Borough of Brooklyn, New York. Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. /Annots [] << 74 0 obj /MediaBox [0 0 612 792] Should you request a temporary injunction or push quickly for final permanent injunction. /Annots [] /CropBox [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. ( Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 >> /Annots [] } !1AQa"q2#BR$3br 6th Street Ft. Lauderdale, FL 33301 Defendants. endobj /Type /Page Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. >> /Annots [] /CropBox [0 0 612 792] >> /Annots [] PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General /Parent 7 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. 4. /Count 9 /Resources 141 0 R Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing Plaintiff filed this action against defendant for breaching a non-competition agreement. 34. /Count 10 PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief judgment, and preliminary and permanent injunctive relief and damages. C. Reduction in Competition As a Consequence of the Acquisition. >> << /Resources 277 0 R 12102(1)-(2), the regulations implementing the . endobj 66 0 obj 40 0 obj /Annots [] 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. 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 << 78 0 obj /Resources 321 0 R % prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. 0000003946 00000 n /Parent 11 0 R /CropBox [0 0 612 792] 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. /Contents [406 0 R 407 0 R 408 0 R] /Annots [] /Annots [] 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. /Contents [250 0 R 251 0 R 252 0 R] >> >> /MediaBox [0 0 612 792] >> /Type /Page /MediaBox [0 0 612 792] Preference Primary election in Florida. Haulers, therefore, generally establish garages and related facilities within each major local area served. >> ( >> After the acquisition, Allied would control over 50 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $31 million. 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. /Pages 4 0 R /CropBox [0 0 612 792] endobj /Type /Page Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. 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 [] 0000000879 00000 n 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. See also Chapter 224.08, Special Acts of Florida, 1943. /Parent 11 0 R /Rotate 0 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. /Rotate 0 /Annots [] 1391, . Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. /Resources 305 0 R GsYzQh50ee' /Type /Page /Annots [] /CropBox [0 0 612 792] /Parent 4 0 R /Annots [] /Rotate 0 /CropBox [0 0 612 792] endobj /MediaBox [0 0 612 792] endobj /Contents [366 0 R 367 0 R 368 0 R] "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. stream /Type /Page ( Firms that compete in the disposal of MSW can profitably increase their charges to haulers of MSW without losing significant sales to any other firms. 0000001149 00000 n 72 0 obj /Resources 373 0 R /Resources 329 0 R ( /MediaBox [0 0 612 792] /Rotate 0 75 0 obj /CropBox [0 0 612 792] 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). /Rotate 0 /Resources 257 0 R ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . 48 0 obj /Parent 9 0 R Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. 83.40 et seq. /Rotate 0 stream xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. 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. /Resources 145 0 R << /Annots [] /MediaBox [0 0 612 792] endobj /Resources 385 0 R >> /Parent 8 0 R /Parent 13 0 R /MediaBox [0 0 612 792] Official websites use .gov >> This document is available in two formats: this web page (for browsing content) and. /Resources 149 0 R Small Container Commercial Waste Collection Service. /Rotate 0 >> /Contents [374 0 R 375 0 R 376 0 R] 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. /Type /Page << 0000001563 00000 n << endobj >> /CropBox [0 0 612 792] /Type /Page It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. 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. /Type /Page DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. ( /Type /Page 3601, et seq. 0000000817 00000 n 34 0 obj Does the temporary injunction preserve the Status Quo or does it make a change? << endobj >> 11. endobj Alexdex. Complaint for Injunctive Relief and Damages for Breach of endobj /Count 79 52 0 obj /MediaBox [0 0 612 792] 53 0 obj 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. /Contents [314 0 R 315 0 R 316 0 R] /Contents [226 0 R 227 0 R 228 0 R] /Resources 137 0 R 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. 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. 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. endobj /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] /Rotate 0 /Type /Page << /Parent 8 0 R endobj /Type /Page 45], filed on August 192021, . /Type /Pages /MediaBox [0 0 612 792] 0000002992 00000 n << /CropBox [0 0 612 792] /Rotate 0 endobj << /Contents [222 0 R 223 0 R 224 0 R] endobj 93 0 obj 56. /Contents [154 0 R 155 0 R 156 0 R] endobj << /MediaBox [0 0 612 792] /Resources 289 0 R /Rotate 0 /Annots [] /MediaBox [0 0 612 792] /Annots [] /Type /Page endobj 8. K.A%aut\@Uaa[pVWnOe /Rotate 0 In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. 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. /CropBox [0 0 612 792] ( %PDF-1.3 % 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.