/Resources 289 0 R /Rotate 0 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 11 0 R << provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. /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] 1114 Trademark Infringement . endobj xref >> This is an action for injunctive relief. << << 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. /MediaBox [0 0 612 792] Defendant is defined as a "Public Accommodation" within meaning of Title III /Annots [] /Type /Page /Type /Page ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. /Parent 7 0 R /Resources 165 0 R /Rotate 0 /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] Garcia is a resident of North Lauderdale, Fl orida. ( 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 [370 0 R 371 0 R 372 0 R] 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. /Parent 11 0 R << 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. /Resources 385 0 R /Annots [] /Rotate 0 endobj >> /Rotate 0 /Parent 7 0 R /Parent 8 0 R /CropBox [0 0 612 792] /Rotate 0 /Parent 8 0 R endobj /Rotate 0 This is a civil action brought by the United States of America to enjoin defendant . 23 0 obj 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 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. This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. << /Parent 10 0 R /Annots [] 48 0 obj % 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 22 and 28 U.S.C. 34 0 obj 0000003135 00000 n 20. /MediaBox [0 0 612 792] /Annots [] 38. hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` /Parent 11 0 R >> Complaint for Injunctive Relief . In the Augusta, GA area, the acquisition would reduce from three to two the number of significant competitors in the collection of small container commercial waste. /CropBox [0 0 612 792] Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /Rotate 0 This is an action for injunctive and declaratory relief, costs, damages, attorney's fees, penalties, and other available statutory relief, pursuant to the Florida Deceptive and Unfair . endobj /Contents [110 0 R 111 0 R 112 0 R] /Annots [] 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. >> 0 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. 45. /Parent 4 0 R Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing << /Contents [302 0 R 303 0 R 304 0 R] 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. 71 0 obj endobj The global coronavirus pandemic threatens to disrupt the Presidential 2320 14 << /Parent 13 0 R << << Republic is engaged in providing waste collection and disposal services throughout the United States. >> There could be a negative impact on the plaintiffs public image. /Annots [] It is engaged in providing waste collection and disposal services throughout the United States. 0000000817 00000 n << /Contents [374 0 R 375 0 R 376 0 R] /Contents [174 0 R 175 0 R 176 0 R] endobj 45], filed on August 192021, . 6. 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. Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. >> /Rotate 0 29 0 obj 7. /CropBox [0 0 612 792] << 27 0 obj /Rotate 0 Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. 0000003946 00000 n 20 0 obj The county court may issue a temporary and permanent injunction where appropriate for violation of ss. /Parent 9 0 R endobj US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. /Resources 121 0 R /MediaBox [0 0 612 792] In 1999, Allied reported total revenues of approximately $6 billion. /MediaBox [0 0 612 792] /PageLabels 3 0 R /Rotate 0 /Parent 10 0 R 0000006259 00000 n /Annots [] /MediaBox [0 0 612 792] 0000001317 00000 n Each of these areas is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. /Annots [] /MediaBox [0 0 612 792] prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. /Type /Page /Resources 197 0 R << /MediaBox [0 0 612 792] << >> /Rotate 0 Roll-off waste collection services are generally provided in localized areas because a roll-off truck cannot be efficiently or profitably driven significantly longer distances than those driven by a competitor to collect and dispose of the waste. /Type /Page 69. /Parent 8 0 R >> %PDF-1.3 % >> The President of the United States and the Governor of Florida have each declared a state of emergency. That defendants be permanently enjoined from carrying out the acquisitions of those assets in the separate purchase agreements dated July 28 and October 7, 1999, or from entering into or carrying out any agreement, understanding or plan, the effect of which would be to exchange those assets between the defendants; 3. /MediaBox [0 0 612 792] /Annots [] /Annots [] On February 10, 2023, the Court screened the 27 First Amended Complaint and dismissed it for failure to state a claim, with leave to amend within 28 thirty days. /Parent 14 0 R #%$""!&+7/&)4)! 75 0 obj >> /Parent 12 0 R << /Annots [] endobj Does the courts have ability to enforce what you are requesting? <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> endobj << /Count 10 /Parent 12 0 R DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. 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. >> ( 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. 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. 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. /MediaBox [0 0 612 792] /Rotate 0 (Compl . /Rotate 0 /CropBox [0 0 612 792] /Rotate 0 This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. D. Entry Into Commercial Waste Collection of MSW. Charles B. Jimerson /CropBox [0 0 612 792] 39. /Rotate 0 endobj 44 0 obj /Rotate 0 /Rotate 0 endobj Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . /Rotate 0 For a number of reasons, landfills may not be located close to where the waste is generated. << /Annots [] 76 0 obj /Parent 8 0 R /Contents [102 0 R 103 0 R 104 0 R] Last updated on November 21, 2022. /Contents [378 0 R 379 0 R 380 0 R] /CropBox [0 0 612 792] 0000000016 00000 n /CropBox [0 0 612 792] /CropBox [0 0 612 792] endobj /Resources 305 0 R 0000006750 00000 n 2018 to May 6, 2021. On residential routes, the crews generally hand-load the customer's MSW, typically by tossing garbage bags and emptying trash cans into the vehicle's storage section. /Rotate 0 _l {:\! In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. However, temporary injunctive relief may be granted without the posting of a bond in the following situations: 1) injunctions entered "on the pleading of a municipality or the state or any officer, agency, or political subdivision thereof"; or 2) injunctions "issued solely to prevent physical injury or abuse of a natural person." /Parent 11 0 R 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. 4. /Contents [362 0 R 363 0 R 364 0 R] "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. 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). /Parent 10 0 R JURISDICTION AND VENUE 1. /Contents [310 0 R 311 0 R 312 0 R] /Count 10 /Type /Page >> ( This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. /Contents [158 0 R 159 0 R 160 0 R] 12. 90 0 obj /Annots [] /Parent 11 0 R /Type /Page /Contents [142 0 R 143 0 R 144 0 R] >> /MediaBox [0 0 612 792] /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] >> /Parent 14 0 R /Type /Pages 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. %PDF-1.5 % /Resources 353 0 R /MediaBox [0 0 612 792] /Nums [0 6 0 R] INTRODUCTION . /Type /Page 30. endobj endobj Suitable landfills are difficult and time-consuming to obtain, and sometimes difficult to expand, because of the scarcity of suitable land, local resident opposition, environmental concerns, and government regulation. /Contents [270 0 R 271 0 R 272 0 R] Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . /MediaBox [0 0 612 792] endobj 44. 61 0 obj /Parent 12 0 R . C. Reduction in Competition As a Consequence of the Acquisition. 28. 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. 36. 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . /Resources 233 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. In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. See Merger Guidelines 1.51. /Type /Metadata JURISDICTION AND VENUE 2. 59. "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. 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. /Parent 4 0 R /Contents [406 0 R 407 0 R 408 0 R] 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. /Contents [354 0 R 355 0 R 356 0 R] /MediaBox [0 0 612 792] << /MediaBox [0 0 612 792] /Resources 341 0 R 22 0 obj /CropBox [0 0 612 792] 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . /Annots [] 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. 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. /Parent 7 0 R 0000000556 00000 n The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. /Type /Page REPUBLIC SERVICES, INC., 110 S.E. /Annots [] <> 79 0 obj PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. /MediaBox [0 0 612 792] /Parent 11 0 R >> /Contents [178 0 R 179 0 R 180 0 R] 69 0 obj 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. >> << >> /Resources 389 0 R 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. 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. /Parent 14 0 R To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. /Parent 8 0 R /Type /Page /Annots [] 43. ( Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. /Type /Page trailer >> /Length 1411 << << >> << COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . /MediaBox [0 0 612 792] /Contents [198 0 R 199 0 R 200 0 R] /Parent 7 0 R /Type /Page ( 2322 0 obj<>stream 21 0 obj /Annots [] /Contents [286 0 R 287 0 R 288 0 R] << 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. 58. endobj 6. /Resources 201 0 R This action is brought to /MediaBox [0 0 612 792] 7. endobj /Annots [] An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. 0 40. 45 0 obj /CropBox [0 0 612 792] ( Injunctive relief is considered an extraordinary remedy in both State and Federal court. xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). /Annots [] /Annots [] /Parent 9 0 R /Type /Page /CropBox [0 0 612 792] /Contents [262 0 R 263 0 R 264 0 R] ( 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. /Parent 13 0 R ( /Parent 12 0 R The next step is careful preparation before the temporary injunction hearing. 6th Street Ft. Lauderdale, FL 33301 Defendants. .+p>hPhb4yiK=c`/XOv@|fe`iY /Contents [154 0 R 155 0 R 156 0 R] /Parent 9 0 R not endobj /CropBox [0 0 612 792] /Contents [254 0 R 255 0 R 256 0 R] endobj 11 0 obj << Because of its characteristics (e.g. "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. /Type /Page 88 0 obj<>stream /Parent 4 0 R 68. 0000001469 00000 n 80 0 obj >> endobj >> Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /Annots [] endobj 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. ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . /Annots [] The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. >> 5. Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. endobj endobj /Resources 409 0 R /Resources 177 0 R /Type /Page << 47 0 obj 0000001563 00000 n /Rotate 0 /Annots [] endobj endobj /MediaBox [0 0 612 792] /CropBox [0 0 612 792] JacqmeinV /CropBox [0 0 612 792] 55. /Contents [326 0 R 327 0 R 328 0 R] /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> /MediaBox [0 0 612 792] 81 0 obj /Rotate 0 /Contents [386 0 R 387 0 R 388 0 R] 88 0 obj /Type /Page /CropBox [0 0 612 792] "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. 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