/Type /Page /MediaBox [0 0 612 792] This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. /Contents [258 0 R 259 0 R 260 0 R] >> /Rotate 0 "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. << << 48 0 obj 0000006259 00000 n 0000001536 00000 n 61. /Contents [158 0 R 159 0 R 160 0 R] /CropBox [0 0 612 792] 0000001469 00000 n To access the presentation, visit YouTube or click play on the embedded image below. /Type /Page /Parent 8 0 R Garcia controll ed the MJ Companies prior to their going into receivership. endobj "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. /Contents [302 0 R 303 0 R 304 0 R] /Annots [] 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). >> 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. hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. 40. endobj Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 21 0 obj Rather, its about dealing with the future, not something that happened in the past. /Contents [94 0 R 95 0 R 96 0 R] /Contents [234 0 R 235 0 R 236 0 R] /Contents [342 0 R 343 0 R 344 0 R] /Rotate 0 (Compl . /Rotate 0 39. DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. /Annots [] endobj 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 /Count 10 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. /CropBox [0 0 612 792] 67. /Rotate 0 76 13 Copyright 2008-2023 Jimerson Birr, P.A. Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for IV. /Rotate 0 /Annots [] 55 0 obj 93 0 obj Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. endobj /Rotate 0 In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. /Parent 7 0 R 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. >> >> Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit Defendant is defined as a "Public Accommodation" within meaning of Title III /Type /Pages /Type /Page /Type /Page /Rotate 0 /MediaBox [0 0 612 792] /MediaBox [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. provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. >> 0000002929 00000 n /CropBox [0 0 612 792] 0000000016 00000 n 10. /Annots [] (ECF No. 33. /MediaBox [0 0 612 792] /Annots [] <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> /Annots [] /Parent 13 0 R /S /D /Annots [] - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. Parties 13. /Type /Page Republic is engaged in providing waste collection and disposal services throughout the United States. /Rotate 0 >> 85 0 obj ( /Annots [] /Contents [138 0 R 139 0 R 140 0 R] /Resources 361 0 R ( >> /CropBox [0 0 612 792] The President of the United States and the Governor of Florida have each declared a state of emergency. 84 0 obj /CropBox [0 0 612 792] A complaint for declaratory relief must allege the following: there is a bona fide dispute between the parties; the plaintiff has a justiciable question as to the existence or nonexistence of some right, status, immunity, power or privilege, or as to some fact upon which existence of such a claim may depend; /Rotate 0 Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? endobj /Annots [] >> /Resources 341 0 R /Rotate 0 endobj If the major roll-off collection competitor in a market also controls the primary disposal site(s) therein, other roll-off competitors are at a large disadvantage and entry is difficult. 15 0 obj /CropBox [0 0 612 792] endobj /MediaBox [0 0 612 792] <>>> Does the courts have ability to enforce what you are requesting? 29. Although, where available, MSW can be transported to distant landfills through transfer stations using large transfer trailer trucks, the use of transfer stations adds fixed transportation and processing costs. /Resources 109 0 R /Type /Page 38. /MediaBox [0 0 612 792] 25 0 obj <> endobj 49 0 obj 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. 65 0 obj /Resources 169 0 R /Contents [230 0 R 231 0 R 232 0 R] That plaintiff recover the costs of this action. /Annots [] 20 0 obj /Resources 261 0 R endobj << /Contents [354 0 R 355 0 R 356 0 R] >> << 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. /Type /Page 30. /CropBox [0 0 612 792] 71 0 obj 0000000016 00000 n In areas where it is not practical to construct and permit a landfill, it is necessary to put in a transfer station to get the waste to a more distant landfill. >> _______/s/____________________ Donna E. Patterson Deputy Assistant Attorney General, _________/s/__________________ Constance K. Robinson Director of Operations and Merger Enforcement, ________/s/___________________ J. Robert Kramer II Chief, Litigation II Section, _________/s/__________________ Willie L. Hudgins Assistant Chief, Litigation II Section, ___________/s/________________ Arthur A. Feiveson IL Bar # 3125793, __________/s/_________________ Michael K. Hammaker DC Bar # 233684, __________/s/_________________ Chinita M. Sinkler MD Bar, U.S. Department of Justice Antitrust Division, Litigation II Section 1401 H Street, NW, Suite 3000 Washington, D.C. 20530 (202) 307-0924. 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. The differences in size, type, and volumes of roll-off waste and the equipment used to collect it distinguish roll-off waste collection from all other waste collection services. 7. /Contents [326 0 R 327 0 R 328 0 R] The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. /Parent 12 0 R << COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . Share sensitive information only on official, secure websites. 21-81099-CIV-CANNON/Reinhart . /Type /Page /Annots [] 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. /Parent 8 0 R 51. 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. >> endobj >> 32 0 obj /Parent 11 0 R 57. >> /Resources 349 0 R Small container commercial service vehicles routinely employ compaction systems on the truck to increase storage capacity, and can empty numerous small containers located on a scheduled route before being driven to a disposal site. Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . These differences mean that small container commercial waste collection firms can profitably increase their charges for small container commercial waste collection services without losing significant sales or revenues to firms engaged in the provision of other types of waste collection services. 0000001852 00000 n 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt /Contents [406 0 R 407 0 R 408 0 R] Therefore, its important to not consider it a tool for righting a wrong. /Type /Page >> endobj /Rotate 0 endobj /Contents [350 0 R 351 0 R 352 0 R] /Contents [142 0 R 143 0 R 144 0 R] After the acquisition, Republic would control about 31 percent--and two firms over 80 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $24 million. ( >> 0 ( /Parent 12 0 R >> %PDF-1.3 % ( << Page 3 of 15 7. /Contents [110 0 R 111 0 R 112 0 R] /Resources 365 0 R This form is a Complaint for Injunctive Relief and Damages. endobj /Rotate 0 THIS COURT'S POWER TO GRANT RELIEF 84. /CropBox [0 0 612 792] /Type /Page /Rotate 0 27 0 obj ( endobj 2322 0 obj<>stream 0000003404 00000 n /Type /Page Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. /Contents [246 0 R 247 0 R 248 0 R] << << endobj endobj endobj >> /CropBox [0 0 612 792] 0 /CropBox [0 0 612 792] In the Albany, NY area, the proposed acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. provide relief to all the individuals affected by APD's action. endobj Rather, these are some additional factors to consider while determining the feasibility of this action: Will the court be able to enforce the injunction, or will it require intensive court supervision? /Resources 281 0 R 0000000592 00000 n /Annots [] M`5`i`F{qZ >> /Resources 145 0 R ( /Type /Page 35 0 obj /Rotate 0 /Type /Pages /Contents [254 0 R 255 0 R 256 0 R] /CropBox [0 0 612 792] >> 2320 0 obj<> endobj /Resources 381 0 R endobj /Annots [] Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. endobj JURISDICTION AND VENUE 13. >> /MediaBox [0 0 612 792] endobj 3. /Parent 8 0 R >> /Rotate 0 /Resources 221 0 R endobj >> /MediaBox [0 0 612 792] 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. /Rotate 0 Allied is the nation's second largest waste hauling and disposal company. /CropBox [0 0 612 792] /Contents [338 0 R 339 0 R 340 0 R] /Type /Page /Rotate 0 /Type /Page /Parent 4 0 R endobj xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC endobj 31 0 obj 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. /Subtype /XML Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. /MediaBox [0 0 612 792] US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . /Annots [] Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. >> /Parent 14 0 R The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. endobj /Resources 265 0 R Defendants Allied and Republic collect municipal solid waste from residential, commercial, and industrial customers, and they own and operate transfer stations, landfills, and incinerators, which process and dispose of municipal solid waste. Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. /Parent 9 0 R /MediaBox [0 0 612 792] Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). 0000002992 00000 n 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . /Type /Page /Annots [] /CropBox [0 0 612 792] 2. /Type /Pages /Type /Page
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