31 0 obj <>stream /Annots [] << 0000003868 00000 n >> /Parent 13 0 R >> In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. << endobj /Parent 10 0 R 0000000817 00000 n 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. /Contents [174 0 R 175 0 R 176 0 R] endobj ( >> /Parent 11 0 R 7. /Contents [322 0 R 323 0 R 324 0 R] 13 0 obj << 10. 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. /Type /Page /Type /Page ( startxref 0000000556 00000 n 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). endobj /Resources 249 0 R endobj /Contents [190 0 R 191 0 R 192 0 R] /Parent 7 0 R << 25 0 obj /Rotate 0 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. Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. << /MediaBox [0 0 612 792] /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] /MediaBox [0 0 612 792] Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. 0000001317 00000 n /CropBox [0 0 612 792] 49. endobj /Type /Pages /Type /Page 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. "MSW" means municipal solid waste, a term of art used to describe solid putrescible waste generated by households and commercial establishments such as retail stores, offices, restaurants, warehouses, and non-manufacturing activities in industrial facilities. /Resources 277 0 R << >> Plaintiff LEAGUE OF WOMEN VOTERS OF FLORIDA ("LWVF" or the "League") is the Florida affiliate of the League of Women Voters of the United States. /Contents [298 0 R 299 0 R 300 0 R] PDF COMPLAINT FOR PERMANENT INJUNCTION - United States Department of Justice 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. /Contents [154 0 R 155 0 R 156 0 R] /CropBox [0 0 612 792] PDF United States District Court Middle District of Florida Tampa Division /CropBox [0 0 612 792] endobj /Resources 125 0 R /MediaBox [0 0 612 792] 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. 10 0 obj Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit 35 0 obj >> 32 0 obj As a result, Austin begins the presentation by sharing some of the things you should think about before pursuing an injunction: There is a lot on the line. /Parent 7 0 R /Annots [] << /Type /Page << << /Parent 14 0 R /Contents [342 0 R 343 0 R 344 0 R] /CropBox [0 0 612 792] endobj 16. >> In the United States District Court for The Southern District of New York 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. /MediaBox [0 0 612 792] /Rotate 0 /Length 1411 /Contents [326 0 R 327 0 R 328 0 R] In such instances, the waste is brought to a nearby transfer station where it is compacted and combined with other waste and then transported to a more distant permanent disposal site. endobj /Annots [] endobj 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 6 0 obj /Parent 4 0 R << 59 0 obj In the Gulf Coast, FL area, the acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. >> << ( /Parent 11 0 R << << Statutes & Constitution :View Statutes : Online Sunshine /Type /Page /MediaBox [0 0 612 792] /Annots [] "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. /Parent 8 0 R 42. /Resources 325 0 R /MediaBox [0 0 612 792] After the acquisition, Allied would control over 35 percent--and two firms more than 80 percent--of the small container commercial waste hauling market, which has annual revenues of about $17 million. /Type /Page /Parent 12 0 R This is a must-watch video before you consider whether to sue for injunction. Plaintiff complains and alleges as follows: 1. /Parent 13 0 R ( /Rotate 0 /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) /MediaBox [0 0 612 792] /Count 10 /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] >> PDF Complaint for Injunctive Relief Representatives How to Obtain a Temporary (Preliminary) Injunction in Florida - Ewusiak Law 0000001563 00000 n /Resources 385 0 R /Contents [270 0 R 271 0 R 272 0 R] /MediaBox [0 0 612 792] 0000001149 00000 n /Resources 221 0 R 91 0 obj /MediaBox [0 0 612 792] /Resources 157 0 R /Type /Page 1391(c). << /Type /Pages There could be a negative impact on the plaintiffs public image. endobj /Count 10 /CropBox [0 0 612 792] << 0000006259 00000 n hbbd`b`rfb`gb` # On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). Date: Wednesday, June 21, 2000 Document Type: Complaint This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). /Type /Page /Annots [] /Parent 12 0 R ( Haulers, therefore, generally establish garages and related facilities within each major local area served. /Parent 9 0 R << /CropBox [0 0 612 792] /Type /Page "Anderson, IN area" means the City of Anderson and Madison County, Indiana. endobj << /MediaBox [0 0 612 792] In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. /Resources 333 0 R 11. /MediaBox [0 0 612 792] endobj This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. << endobj /Parent 14 0 R VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. /Rotate 0 Universities have sent students home, people are remaining in quarantine, poll workers are dropping out, and Supervisors of Elections have closed or moved 112 polling places in 22 counties, in many cases less than a week before the election. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Annots [] << /Rotate 0 /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Type /Page /Annots [] /MediaBox [0 0 612 792] Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. >> /MediaBox [0 0 612 792] endobj 22 and 28 U.S.C. trailer /Contents [210 0 R 211 0 R 212 0 R] >> /Rotate 0 /MediaBox [0 0 612 792] /Annots [] endobj ( 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. 5. 60 0 obj In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . 63. 88 0 obj /Rotate 0 prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. 4. 0000001536 00000 n /Parent 14 0 R : 01-42230-BKC-AJC . In this presentation, Jimerson Birr Associate Austin B. Calhoun covers Florida law on injunctive relief as a remedy, the process for seeking and obtaining injunctive relief through the judicial system, pre-litigation considerations, and enforcement of an injunction order once entered. Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . /MediaBox [0 0 612 792] /Parent 10 0 R 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 What happens if the temporary injunction is not granted? /Type /Page /Parent 13 0 R Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. %PDF-1.3 % Does the temporary injunction preserve the Status Quo or does it make a change? Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . /Contents [318 0 R 319 0 R 320 0 R] /Annots [] >> 83 0 obj relief pursuant to Chapter 86, Florida Statutes. >> endobj /CropBox [0 0 612 792] In 1999, Allied reported total revenues of approximately $6 billion. << /Resources 281 0 R endobj >> 54. To access the presentation, visit YouTube or click play on the embedded image below. << /Annots [] endobj In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. endobj >> ( /MediaBox [0 0 612 792] 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. 0000001469 00000 n This is an action for injunctive relief. 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. endobj endobj Garcia is a resident of North Lauderdale, Fl orida. This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. /MediaBox [0 0 612 792] /Parent 9 0 R endobj 27 0 obj /MediaBox [0 0 612 792] /Type /Page 21 0 obj /Parent 14 0 R /Type /Page /Resources 293 0 R /Rotate 0 %%EOF /CropBox [0 0 612 792] /Rotate 0 1. /Annots [] Anderson, IN and New York City, NY are two such areas. 38 0 obj >> << 76 13 18. .+p>hPhb4yiK=c`/XOv@|fe`iY Allied is the nation's second largest waste hauling and disposal company. /Contents [374 0 R 375 0 R 376 0 R] /Contents [94 0 R 95 0 R 96 0 R] "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. endobj << << 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). It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. 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. /Annots [] 19 0 obj /Resources 297 0 R /CropBox [0 0 612 792] << /MediaBox [0 0 612 792] << /Contents [254 0 R 255 0 R 256 0 R] /MediaBox [0 0 612 792] endobj << endobj /CropBox [0 0 612 792] << 40. endobj After the acquisition, Allied would control over 40 percent and two firms would control over 65 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. /CropBox [0 0 612 792] /Annots [] On residential routes, the crews generally hand-load the customer's MSW, typically by tossing garbage bags and emptying trash cans into the vehicle's storage section. 9 0 obj /Resources 213 0 R 69 0 obj /Rotate 0 /Rotate 0 /Type /Page /Contents [382 0 R 383 0 R 384 0 R] JURISDICTION AND VENUE 1. >> /MediaBox [0 0 612 792] 52. MSW generated by residential customers, on the other hand, is often collected by either local governments or by private haulers pursuant to contracts bid by, or franchises granted by, municipal authorities. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] startxref Often businesses do not consider the implications for taking this action. /Annots [] hb```"FN%n010pKsg``Z ^^@Y"bL38/4F `} endstream endobj 24 0 obj <> endobj 25 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 26 0 obj <>stream 12102(1)-(2), the regulations implementing the . << Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. /Resources 253 0 R /Contents [158 0 R 159 0 R 160 0 R] /Type /Page /Parent 14 0 R /Annots [] /Type /Page The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. 56 0 obj /Annots [] /Type /Pages stream 65 0 obj 2201 a nd 2202. /Resources 217 0 R /Type /Page Amended Complaint "Motion") [ECF(the No. trailer .t. In addition, Wilson traveled at least twice to Florida for work-related trips in 2019, including once to Miami and Tampa in or around the spring of 2019 and once to Orlando in or around November or December 2019. /Contents [110 0 R 111 0 R 112 0 R] /Parent 13 0 R /Annots [] K.A%aut\@Uaa[pVWnOe xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 /Type /Page /CropBox [0 0 612 792] /CropBox [0 0 612 792] Microsoft Word - 2022-08-24 - Complaint - FINAL endobj 66 0 obj endobj In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service.