complaint for injunctive relief florida

This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. /Type /Page << 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. /MediaBox [0 0 612 792] 0000000592 00000 n /Length 3282 40 0 obj PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . /Type /Page /CropBox [0 0 612 792] /Type /Page /CropBox [0 0 612 792] 83 0 obj /Type /Page /Resources 173 0 R /Parent 11 0 R >> /Parent 4 0 R /Parent 13 0 R 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. >> 2 0 obj endobj 56. /Resources 145 0 R /Resources 225 0 R /Resources 217 0 R endobj /Rotate 0 /MediaBox [0 0 612 792] /Count 10 Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. ( /Contents [230 0 R 231 0 R 232 0 R] Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. 9. 9 0 obj /CropBox [0 0 612 792] 65 0 obj 63 0 obj /ModDate (D:20220824143048-04'00') >> 31 0 obj <>stream 18. << /Resources 189 0 R There may be disclosure of confidential information such as trade secrets. /Parent 12 0 R /Rotate 0 endobj /Type /Page 90 0 obj endobj << . /MediaBox [0 0 612 792] After the acquisition, Republic would control about 40 percent--and three firms over 75 percent--of the small container commercial waste hauling market, which has annual revenues of about $18 million. /Rotate 0 It is engaged in providing waste collection and disposal services throughout the United States. 85 0 obj 38. The length of the presentation is 46:09. 66. << >> Transactions that increase the HHI by more than 100 points in highly concentrated markets presumptively raise antitrust concerns under the Horizontal Merger Guidelines issued by the U.S. Department of Justice and the Federal Trade Commission. M`5`i`F{qZ /Type /Page >> /MediaBox [0 0 612 792] /Contents [234 0 R 235 0 R 236 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. << endobj /Annots [] << 0000001187 00000 n >> 67 0 obj 45. /Type /Page Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. /CropBox [0 0 612 792] On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. /Annots [] /Resources 265 0 R A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. endobj /CropBox [0 0 612 792] Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . >> 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. /Annots [] /Contents [358 0 R 359 0 R 360 0 R] /CropBox [0 0 612 792] 0 PDF Complaint for Injunctive Relief Representatives /Contents [350 0 R 351 0 R 352 0 R] /Contents [250 0 R 251 0 R 252 0 R] /Type /Page endobj 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. /Contents [130 0 R 131 0 R 132 0 R] /Parent 10 0 R /Type /Page /Resources 289 0 R << 34 0 obj /Parent 7 0 R /Rotate 0 << >> /Resources 221 0 R 0000001275 00000 n endobj 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. /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 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. endobj /Resources 229 0 R /Rotate 0 endobj /MediaBox [0 0 612 792] 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 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. /Rotate 0 /MediaBox [0 0 612 792] /Resources 193 0 R 59. 80 0 obj >> ( << 73 0 obj << endobj /Contents [326 0 R 327 0 R 328 0 R] endobj Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> /Parent 8 0 R 5.) >> /MediaBox [0 0 612 792] /Rotate 0 /CropBox [0 0 612 792] /MediaBox [0 0 612 792] 0000001373 00000 n << ( /Contents [382 0 R 383 0 R 384 0 R] /CropBox [0 0 612 792] . /Rotate 0 5 0 obj /Parent 10 0 R In the Clarksville, TN area, the acquisition would reduce from five to four the number of significant firms competing in the collection of small container commercial waste. /Annots [] 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. 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. 25 0 obj <> endobj 0000001317 00000 n /MediaBox [0 0 612 792] >> Because of its characteristics (e.g. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Type /Page Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida. 0000000016 00000 n /Contents [242 0 R 243 0 R 244 0 R] /Resources 129 0 R >> /Count 10 /Resources 133 0 R For a variety of reasons, other types of collection activities, such as roll-off containers (typically used for construction debris) and collection of liquid or hazardous waste, are also rarely combined with commercial waste collection activities. << This is a civil action brought by the United States of America to enjoin defendant . In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. #%$""!&+7/&)4)! trailer MSW is generally transported by collection trucks to landfills and transfer stations, and the availability of disposal sites close to a hauler's routes is a major element that determines a hauler's competitiveness and profitability. 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. /Annots [] Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /Parent 13 0 R /Count 10 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. /Annots [] /MediaBox [0 0 612 792] Garcia is a resident of North Lauderdale, Fl orida. That defendants be permanently enjoined from carrying out the acquisitions of those assets in the separate purchase agreements dated July 28 and October 7, 1999, or from entering into or carrying out any agreement, understanding or plan, the effect of which would be to exchange those assets between the defendants; 3. << 61. 4. /Contents [210 0 R 211 0 R 212 0 R] /Resources 241 0 R 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt endobj /CropBox [0 0 612 792] 61 0 obj 36. ( /Contents [198 0 R 199 0 R 200 0 R] endobj /Parent 14 0 R /Rotate 0 /Type /Page CASE NO. /Rotate 0 /Type /Page Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 /Contents [262 0 R 263 0 R 264 0 R] "Lakeland, FL area" means Polk County, Florida. /Resources 105 0 R 89 0 obj %PDF-1.5 % } !1AQa"q2#BR$3br /Parent 14 0 R JURISDICTION AND VENUE 1. /Parent 8 0 R /Resources 341 0 R trailer /Resources 269 0 R /Rotate 0 %PDF-1.6 ( >> 0 /CropBox [0 0 612 792] Complaint for Injunctive Relief and Civil Penalties | US EPA Professional Services Industry Legal Blog>. /CropBox [0 0 612 792] 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. /MediaBox [0 0 612 792] endobj /Parent 11 0 R ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; 0000003404 00000 n /Parent 8 0 R endobj Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. endstream endobj startxref An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. ( 55. /Annots [] endobj 10. /Contents [114 0 R 115 0 R 116 0 R] That defendants' proposed sales of hauling assets 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, and defendants' proposed sales of MSW disposal assets in the Anderson, IN; Macon, GA and New York City, NY area markets be adjudged and decreed to be unlawful and in violation of Section 7 of the Clayton Act; 2. Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. /Parent 12 0 R Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. What happens if the temporary injunction is not granted? /CropBox [0 0 612 792] /Type /Page The transactions likely will have the following effects, among others: 1. /MediaBox [0 0 612 792] 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . >> 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. : 01-42230-BKC-AJC . /CropBox [0 0 612 792] /Contents [94 0 R 95 0 R 96 0 R] /Contents [302 0 R 303 0 R 304 0 R] /Parent 11 0 R 81 0 obj /Resources 397 0 R /MediaBox [0 0 612 792] /Annots [] >> Suing for an injunction in Florida is all about preserving the status quo. In the New York City, NY area, the acquisition would reduce from five to four the number of significant firms competing to dispose of commercial MSW. relief pursuant to Chapter 86, Florida Statutes. 11. /Parent 13 0 R /Annots [] To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. /MediaBox [0 0 612 792] >> /MediaBox [0 0 612 792] 44. /Annots [] /Type /Page /Rotate 0 50. 0000001641 00000 n 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. /Parent 7 0 R 27 0 obj /Resources 273 0 R /Annots [] United States District Court Southern District of Florida Temporary Injunction - Florida Litigation Guide PDF COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF - NSB Anglers Yacht /Contents [366 0 R 367 0 R 368 0 R] /MediaBox [0 0 612 792] /Rotate 0 ( /Annots [] This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. ( >> Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. 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. Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. 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. /Parent 13 0 R << /MediaBox [0 0 612 792] >> 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. 43. endobj The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. << endobj ( 39. 22 0 obj >> >> /Type /Page << PDF Complaint for Permanent Injunction and Other Equitable Relief 37. /Contents [98 0 R 99 0 R 100 0 R] /MediaBox [0 0 612 792] ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx /Contents [102 0 R 103 0 R 104 0 R] /Type /Page <>>> /Annots [] /Type /Page /Type /Page 19. /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] /CropBox [0 0 612 792] 0000002992 00000 n >> /Kids [85 0 R 86 0 R 87 0 R 88 0 R 89 0 R 90 0 R 91 0 R 92 0 R 93 0 R] << 52 0 obj /Resources 281 0 R Republic is engaged in providing waste collection and disposal services throughout the United States. JacqmeinV /Annots [] ( /Resources 97 0 R ( 77 0 obj >> /Resources 293 0 R endobj /Contents [150 0 R 151 0 R 152 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. /CropBox [0 0 612 792] 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. PDF United States District Court Northern District of Florida Pensacola /Contents [170 0 R 171 0 R 172 0 R] "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. 33. "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. /Annots [] << for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. endobj The global coronavirus pandemic threatens to disrupt the Presidential

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