/Kids [35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R] << >> /Type /Page endobj judgment, and preliminary and permanent injunctive relief and damages. /Type /Page endobj /Annots [] << << /Parent 13 0 R /Parent 14 0 R /Metadata 2 0 R /Parent 10 0 R endobj 10 0 obj /Annots [] In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). .+p>hPhb4yiK=c`/XOv@|fe`iY endobj The President of the United States and the Governor of Florida have each declared a state of emergency. /Count 9 C. Reduction in Competition As a Consequence of the Acquisition. %PDF-1.3 % 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 . To access the presentation, visit YouTube or click play on the embedded image below. /Resources 269 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. >> /Annots [] endobj After the acquisition, Republic would control over 50 percent--and two firms about 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $22 million. >> /Contents [362 0 R 363 0 R 364 0 R] /Annots [] /CropBox [0 0 612 792] /Resources 349 0 R Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. /MediaBox [0 0 612 792] Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. endobj The extension ofvote-by-mail options and other accommodations at polling places is necessary. 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. /Rotate 0 endobj "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. 10941 and Laws of Florida, Ch. endobj >> /Annots [] 0000000016 00000 n endobj The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. endobj /Count 10 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 397 0 R "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. /Parent 11 0 R DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. /Resources 265 0 R /Parent 11 0 R The proposed acquisition would reduce from four to three the number of significant firms that compete in small container commercial waste collection service in the Memphis, TN area. /CropBox [0 0 612 792] >> /Rotate 0 ( 0000000016 00000 n ( 2. /Rotate 0 ( IV. /Resources 401 0 R 54 0 obj /CropBox [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. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Rotate 0 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. 10. /Rotate 0 >> ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. 15 0 obj SOUTHERN DISTRICT OF FLORIDA . Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for endobj 80 0 obj /Annots [] Thus, disposal of MSW is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisition under Section 7 of the Clayton Act. /Type /Page Alexdex. /Contents [322 0 R 323 0 R 324 0 R] /CropBox [0 0 612 792] Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. /CropBox [0 0 612 792] It is engaged in providing waste collection and disposal services throughout the United States. /CropBox [0 0 612 792] 57. 0000001994 00000 n 58 0 obj /Parent 14 0 R ( /Resources 325 0 R 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. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] endobj K.A%aut\@Uaa[pVWnOe ( /Rotate 0 /Rotate 0 This is a civil action brought by the United States of America to enjoin defendant . 0000000592 00000 n endobj /MediaBox [0 0 612 792] Parties 13. 1391, . /Rotate 0 /CropBox [0 0 612 792] 30. /Annots [] /CropBox [0 0 612 792] /Rotate 0 endobj prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. /Parent 8 0 R /Contents [234 0 R 235 0 R 236 0 R] ( endobj /Type /Page << The Corps' environmental analysis for this project is based on the same assumptions and %%EOF endobj endstream endobj startxref << >> /Resources 333 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. Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. 1114 Trademark Infringement . /Resources 217 0 R On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). ( << Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. /Resources 117 0 R /Annots [] /Contents [102 0 R 103 0 R 104 0 R] stream /Type /Page 2018 to May 6, 2021. /Parent 11 0 R /Parent 14 0 R 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 0000001149 00000 n 54. /CropBox [0 0 612 792] /Annots [] /Parent 9 0 R /Parent 13 0 R /Type /Page 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 . ( Does the temporary injunction preserve the Status Quo or does it make a change? /Rotate 0 >> /Contents [386 0 R 387 0 R 388 0 R] ( endobj /Parent 11 0 R Defendant is defined as a "Public Accommodation" within meaning of Title III How long will the injunction be effective? /Annots [] endobj 81 0 obj /Resources 253 0 R 66. /Resources 241 0 R << %PDF-1.5 A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . << startxref The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. Garcia is a resident of North Lauderdale, Fl orida. ( /Type /Page Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 << /Parent 10 0 R 0000001317 00000 n << /Rotate 0 /Contents [214 0 R 215 0 R 216 0 R] If the major roll-off competitor in a market likewise precludes significant competition through the use of long-term customer contracts which automatically renew, entry by new competitors and growth from existing ones are further hindered. /Rotate 0 xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. /Contents [174 0 R 175 0 R 176 0 R] ( /Resources 273 0 R /MediaBox [0 0 612 792] endobj /Rotate 0 /Resources 209 0 R 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). 3. << /Parent 9 0 R /Kids [7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R] 78 0 obj /CropBox [0 0 612 792] >> << >> On August 20, . << 45], filed on August 192021, . /Annots [] endobj Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. /Annots [] 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 /Annots [] endobj endobj /Rotate 0 clearly appears from specific facts shown by affidavit or by verified complaint that immediate or /Parent 11 0 R 41 0 obj /Type /Page << endobj /Parent 8 0 R "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. endobj /Resources 313 0 R /Rotate 0 >> endobj 5 0 obj /Rotate 0 << 92 0 obj << >> "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. << /MediaBox [0 0 612 792] >> /Contents [382 0 R 383 0 R 384 0 R] 33. "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. >> For a number of reasons, landfills may not be located close to where the waste is generated. /Resources 109 0 R /Count 10 22. 0000006259 00000 n /CropBox [0 0 612 792] >> /CropBox [0 0 612 792] 4 0 obj Plaintiff filed this action against defendant for breaching a non-competition agreement. /Annots [] /Type /Page /CropBox [0 0 612 792] /Type /Pages 1. /Type /Page endobj Rather, its about dealing with the future, not something that happened in the past. /Rotate 0 In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /CropBox [0 0 612 792] ( 6th Street Ft. Lauderdale, FL 33301 Defendants. 1391(c). /Contents [242 0 R 243 0 R 244 0 R] << /MediaBox [0 0 612 792] provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. /CropBox [0 0 612 792] 48. 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . /Annots [] << . << /Type /Page 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. It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. >> 55 0 obj It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. /Annots [] /CreationDate (D:20220824140929-04'00') /Type /Page %%EOF >> 64. ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; 63 0 obj /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] /Parent 14 0 R << In 1999, Allied reported total revenues of approximately $6 billion. << >> /Resources 197 0 R /Rotate 0 Official websites use .gov /Type /Page >> 11. 3 0 obj /CropBox [0 0 612 792] >> /Contents [110 0 R 111 0 R 112 0 R] _l {:\! Microsoft Word - 2022-08-24 - Complaint - FINAL 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. In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. /Type /Pages Last updated on November 21, 2022. The extension of vote-by-mail options and other accommodations at polling places is necessary. 88 0 obj An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. /Contents [306 0 R 307 0 R 308 0 R] This action is brought to 77 0 obj /CropBox [0 0 612 792] 94 0 obj endobj /Resources 165 0 R 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. /Type /Page /Count 10 As such, following the process to the tee will help improve your chances for success. ( 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. << 1 0 obj Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. << << 6. /Rotate 0 /Contents [394 0 R 395 0 R 396 0 R] /Rotate 0 endobj 17 0 obj ( 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. On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. <>>> trailer /Annots [] /CropBox [0 0 612 792] endstream 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. 0000001641 00000 n 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 [146 0 R 147 0 R 148 0 R] /Contents [278 0 R 279 0 R 280 0 R] INTRODUCTION . /Parent 12 0 R /Resources 141 0 R Amended Complaint "Motion") [ECF(the No. /MediaBox [0 0 612 792] >> 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. /Annots [] /Parent 9 0 R 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt /MediaBox [0 0 612 792] /Annots [] /Contents [398 0 R 399 0 R 400 0 R] /Type /Page /Annots [] /Type /Page endobj 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. << 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). >> Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit /Rotate 0 << /CropBox [0 0 612 792] endobj endobj /Annots [] Accordingly, injunctive relief ordering the extension of vote-by-mail options and other accommodations at polling places is necessary to protect the fundamental right to vote. /Annots [] >> << startxref 69. In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. 41. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] ( 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. /Type /Page /MediaBox [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 2 0 obj 16 0 obj