Z( construction debris) and volume, roll-off waste is deposited by the customer/generator into a disposal container (usually 20 to 40 cubic yards in size) which is larger than those routinely used in small container commercial collection (usually one to 10 cubic yards in size). 25 0 obj <> endobj 7. ( >> /Annots [] There are no good substitutes for MSW disposal. >> "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. /Rotate 0 /Type /Page endobj /Parent 12 0 R 8 0 obj /Annots [] endobj In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. ( /Rotate 0 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. /Type /Page /Parent 11 0 R /MediaBox [0 0 612 792] /Rotate 0 /MediaBox [0 0 612 792] >> /CropBox [0 0 612 792] 35 0 obj /Contents [310 0 R 311 0 R 312 0 R] /CropBox [0 0 612 792] EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. Preference Primary election in Florida. endobj What impact will it have on third-parties and employees? 20 0 obj << endobj /Resources 177 0 R Often businesses do not consider the implications for taking this action. /Resources 329 0 R /CropBox [0 0 612 792] << endobj 34. /CropBox [0 0 612 792] /Rotate 0 /Nums [0 6 0 R] 36. SOUTHERN DISTRICT OF FLORIDA . /Parent 12 0 R /Rotate 0 /Resources 129 0 R << /Parent 12 0 R /Resources 337 0 R /Type /Page After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. ( /Parent 7 0 R /Annots [] /MediaBox [0 0 612 792] >> /CropBox [0 0 612 792] /Parent 14 0 R /MediaBox [0 0 612 792] >> >> /CropBox [0 0 612 792] /Parent 4 0 R /CropBox [0 0 612 792] >> << /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) /Annots [] D. P. et al., . 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 . /CropBox [0 0 612 792] 49. << 2320 0 obj<> endobj advance, Plaintiffs seek immediate declaratory and injunctive relief that directs Defendants to permit a designated representative of each affected candidate and political party into the recount room, as Florida law requires. /Contents [174 0 R 175 0 R 176 0 R] >> /Resources 241 0 R endobj >> 40 0 obj /Contents [366 0 R 367 0 R 368 0 R] /Parent 13 0 R /MediaBox [0 0 612 792] /Type /Page endobj /MediaBox [0 0 612 792] 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. /CropBox [0 0 612 792] /Pages 4 0 R /Resources 265 0 R This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. << endobj << /Resources 269 0 R /Annots [] << endobj - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. 36 0 obj << 84 0 obj >> /Contents [126 0 R 127 0 R 128 0 R] /Resources 189 0 R /Contents [134 0 R 135 0 R 136 0 R] /MediaBox [0 0 612 792] Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. << >> /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] A .gov website belongs to an official government organization in the United States. 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. /Contents [130 0 R 131 0 R 132 0 R] "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. /Parent 4 0 R 6th Street Ft. Lauderdale, FL 33301 Defendants. >> Thus, roll-off 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. /Parent 4 0 R /CropBox [0 0 612 792] /Type /Page >> stream endobj /Annots [] /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. /Annots [] endobj 72 0 obj 88 0 obj<>stream /Type /Page /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> /CropBox [0 0 612 792] 67. /CropBox [0 0 612 792] 68 0 obj /Parent 14 0 R << >> 14 0 obj 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. Is there any vagueness, or is everything extremely clear? endobj /CropBox [0 0 612 792] 57 0 obj /Resources 225 0 R >> /Parent 9 0 R /Rotate 0 2. For a number of reasons, landfills may not be located close to where the waste is generated. >> Copyright 2008-2023 Jimerson Birr, P.A. /Resources 317 0 R This action is brought to endobj /Rotate 0 /Resources 277 0 R 0 WEST PALM BEACH DIVISION . 57. /Rotate 0 Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Parent 11 0 R /Parent 14 0 R In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. << endobj 6. >> /Resources 389 0 R 0000001641 00000 n /Resources 185 0 R endobj 21-81099-CIV-CANNON/Reinhart . 22. /Parent 8 0 R >> Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /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] did not involve a claim for declaratory relief. /Type /Page Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. << /Resources 165 0 R 46 0 obj /Rotate 0 Anderson, IN and New York City, NY are two such areas. 19. /CropBox [0 0 612 792] /Parent 4 0 R endobj /Type /Page >> For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. /Annots [] /Annots [] << 2. /Rotate 0 /Resources 125 0 R % 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. >> /Parent 9 0 R << >> /Author (JacqmeinV) /Parent 14 0 R /Annots [] %%EOF /Type /Page /Type /Page Roll-off waste collection services are generally provided in localized areas because a roll-off truck cannot be efficiently or profitably driven significantly longer distances than those driven by a competitor to collect and dispose of the waste. /CropBox [0 0 612 792] 73 0 obj JURISDICTION AND VENUE 2. There may be disclosure of confidential information such as trade secrets. 12. /Parent 8 0 R endobj << << /Resources 181 0 R /Count 10 /Contents [350 0 R 351 0 R 352 0 R] endobj /Annots [] /Type /Page /Rotate 0 >> /Resources 401 0 R In exchange, pursuant to other agreements, Republic would acquire from Allied: disposal assets in Anderson, Indiana; hauling assets in Columbus, Ohio; hauling assets in Lakeland, Florida; hauling assets in Louisville, Kentucky and Sellersburg, Indiana; hauling and disposal assets in Macon, Georgia; and hauling assets in Monmouth, Burlington and Camden counties, New Jersey. /Parent 10 0 R /Contents [294 0 R 295 0 R 296 0 R] /Resources 313 0 R /MediaBox [0 0 612 792] << /CropBox [0 0 612 792] /CropBox [0 0 612 792] 42. /Resources 157 0 R << .+p>hPhb4yiK=c`/XOv@|fe`iY /Parent 13 0 R /Contents [354 0 R 355 0 R 356 0 R] 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. /Resources 261 0 R /Count 10 ( /MediaBox [0 0 612 792] /Rotate 0 /Rotate 0 This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. << 55 0 obj /Annots [] 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. 58 0 obj /Parent 4 0 R It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. 9. /Annots [] /MediaBox [0 0 612 792] /Type /Page /CropBox [0 0 612 792] /Resources 253 0 R /MediaBox [0 0 612 792] /Contents [326 0 R 327 0 R 328 0 R] /Contents [154 0 R 155 0 R 156 0 R] 0000001536 00000 n 76 0 obj <> endobj >> << /Type /Page /Resources 405 0 R 7. endobj /Contents [178 0 R 179 0 R 180 0 R] /Type /Page 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. As such, following the process to the tee will help improve your chances for success. This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. 31 0 obj 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. 91 0 obj 1331 and 1337. The extension of vote-by-mail options and other accommodations at polling places is necessary. 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). /Resources 145 0 R Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. /Contents [186 0 R 187 0 R 188 0 R] /Contents [270 0 R 271 0 R 272 0 R] . endstream endobj startxref /Length 10 /Contents [162 0 R 163 0 R 164 0 R] 79 0 obj << U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. 48 0 obj ( /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 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 Share sensitive information only on official, secure websites. endobj /Count 10 60 0 obj What happens if the temporary injunction is not granted? "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. /Rotate 0 << 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. 47. 0000001275 00000 n /Rotate 0 /Type /Page /Annots [] 24. endobj 0000001317 00000 n GsYzQh50ee' /CropBox [0 0 612 792] /Contents [246 0 R 247 0 R 248 0 R] Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. /CropBox [0 0 612 792] endobj /Resources 213 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. /Annots [] 30 0 obj %PDF-1.6 /MediaBox [0 0 612 792] /Annots [] /CropBox [0 0 612 792] /Contents [110 0 R 111 0 R 112 0 R] /Contents [370 0 R 371 0 R 372 0 R] 54. 21. Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. 4. /Contents [166 0 R 167 0 R 168 0 R] /CropBox [0 0 612 792] (2001). /Rotate 0 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. /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] /Resources 361 0 R /Contents [254 0 R 255 0 R 256 0 R] /MediaBox [0 0 612 792] Garcia controll ed the MJ Companies prior to their going into receivership. << 63 0 obj <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> /Type /Page And yet the State of Florida (the State) has failed to take reasonable emergency measures necessary for voter participation in the face of this crisis. 30. prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. /Annots [] 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.