complaint for injunctive relief florida
Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /Rotate 0 /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 22 and 28 U.S.C. Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. /Resources 129 0 R /Parent 4 0 R /Parent 10 0 R hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` /Parent 4 0 R endobj /Rotate 0 46. REPUBLIC SERVICES, INC., 110 S.E. ( 0000006259 00000 n /Resources 113 0 R /MediaBox [0 0 612 792] >> 31. 45 0 obj /MediaBox [0 0 612 792] /Rotate 0 The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. 51. << 81 0 obj /Type /Page /MediaBox [0 0 612 792] 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt 4. >> /Contents [102 0 R 103 0 R 104 0 R] /Resources 161 0 R /MediaBox [0 0 612 792] /Contents [174 0 R 175 0 R 176 0 R] /Parent 9 0 R 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. /Parent 13 0 R >> << 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. >> provide relief to all the individuals affected by APD's action. /Rotate 0 58 0 obj 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). endobj 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. 2018 to May 6, 2021. /Annots [] /Contents [222 0 R 223 0 R 224 0 R] 83 0 obj /Contents [374 0 R 375 0 R 376 0 R] /Annots [] ( >> /MediaBox [0 0 612 792] >> 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . /Annots [] /Rotate 0 21. %PDF-1.6 /Resources 249 0 R /MediaBox [0 0 612 792] /Contents [238 0 R 239 0 R 240 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. 18. Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. ( Parties 13. 0000001641 00000 n startxref 63 0 obj 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. 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. /Rotate 0 Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. >> 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? 57 0 obj /Type /Page /Rotate 0 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] /Resources 225 0 R /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> >> 0000001317 00000 n 62. /Type /Page /Annots [] << 37. >> /Rotate 0 /CropBox [0 0 612 792] /Parent 13 0 R "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. ( /Contents [266 0 R 267 0 R 268 0 R] JURISDICTION AND VENUE 13. << 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. endobj endobj 0000000016 00000 n /Contents [378 0 R 379 0 R 380 0 R] <<14CA263718F8354CB34DA495C0495A29>]>> /Contents [118 0 R 119 0 R 120 0 R] << %PDF-1.3 % /Annots [] /Annots [] 42. /Parent 7 0 R /Type /Page /CropBox [0 0 612 792] /Kids [45 0 R 46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R 54 0 R] ( 85 0 obj << judgment, and preliminary and permanent injunctive relief and damages. trailer Is the injunction prohibitory or mandatory? /Type /Page << /Resources 257 0 R endobj The extension ofvote-by-mail options and other accommodations at polling places is necessary. /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Contents [370 0 R 371 0 R 372 0 R] 36 0 obj 0000001563 00000 n % That plaintiff recover the costs of this action. /CropBox [0 0 612 792] /Contents [138 0 R 139 0 R 140 0 R] Haulers organize their commercial accounts into routes, and collect and transport the MSW generated by these accounts in vehicles uniquely well suited for small container waste collection -- primarily front-end loader ("FEL") trucks. /Rotate 0 26. MSW has physical characteristics that readily distinguish it from other liquid or solid waste. /Annots [] endobj /Resources 365 0 R /Resources 153 0 R "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. /MediaBox [0 0 612 792] COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . 86 0 obj >> << >> 6. 1391, . /Resources 101 0 R /Contents [394 0 R 395 0 R 396 0 R] /Parent 12 0 R >> >> << /Contents [358 0 R 359 0 R 360 0 R] 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. 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. 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 How long will the injunction be effective? /Contents [326 0 R 327 0 R 328 0 R] /Annots [] /CropBox [0 0 612 792] /Annots [] /Rotate 0 /MediaBox [0 0 612 792] Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida. /Contents [354 0 R 355 0 R 356 0 R] 1 0 obj 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. endobj /Type /Page The differences in the types and volume of MSW collected and in the equipment used in collection distinguish small container commercial waste collection from all other types of waste collection activities. 58. Preference Primary election in Florida. /Contents [334 0 R 335 0 R 336 0 R] /Resources 333 0 R /Parent 9 0 R /Type /Page endobj /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] /Rotate 0 ( Allied is the nation's second largest waste hauling and disposal company. /Annots [] endobj 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. endobj Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. /MediaBox [0 0 612 792] /Annots [] 53. /ModDate (D:20220824143048-04'00') /Rotate 0 IV. %PDF-1.5 % /Parent 7 0 R << << /MediaBox [0 0 612 792] 15. /Annots [] /CropBox [0 0 612 792] and Florida Statute 86.011, et seq. /Resources 305 0 R These differences mean that roll-off waste collection firms can profitably increase their charges for roll-off waste collection services without losing significant sales or revenues to firms engaged in the provision of other types of waste collection services. /Contents [198 0 R 199 0 R 200 0 R] /MediaBox [0 0 612 792] This action is brought to /Annots [] >> 23 0 obj <> endobj 28 0 obj <>/Filter/FlateDecode/ID[<2A277BAC2070266E6BF2C2060AD46B2B>]/Index[23 11]/Info 22 0 R/Length 49/Prev 24323/Root 24 0 R/Size 34/Type/XRef/W[1 2 1]>>stream endobj /Pages 4 0 R 47. /Rotate 0 17. Alexdex. SOUTHERN DISTRICT OF FLORIDA . In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. << 67. /Contents [178 0 R 179 0 R 180 0 R] /Parent 8 0 R 1. /Annots [] endobj /CropBox [0 0 612 792] /Rotate 0 Share sensitive information only on official, secure websites. /Resources 145 0 R /Parent 11 0 R 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. 12. /MediaBox [0 0 612 792] >> endobj 0000002235 00000 n 67 0 obj /Type /Page /MediaBox [0 0 612 792] ? endobj /CropBox [0 0 612 792] /Parent 14 0 R Does the courts have ability to enforce what you are requesting? >> /MediaBox [0 0 612 792] ( K.A%aut\@Uaa[pVWnOe Finally, prices for small container service are influenced principally by the density of the routes served by each vehicle; prices for roll-off services are influenced primarily by the distance of the customer's location from the hauler's location and the disposal site, the time required to travel those distances, and the cost of disposal at the disposal site. This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. 0000002929 00000 n . << Complaint for Declaratory and Temporary and Permanent Injunctive Relief (the "Complaint"), which is incorporated herein by this reference.1 As shown in the Complaint, the HRO is null and void for failure to comply with Florida Statutes, the Jacksonville Ordinance Code, and the Rules of the Council of the City of Jacksonville. 73 0 obj /Type /Page /Rotate 0 /Parent 7 0 R /Rotate 0 << Pursuant to the purchase agreements, Allied would acquire from Superior: hauling assets in Albany, New York; hauling assets in Augusta, Georgia; hauling assets in Memphis, Nashville and Clarksville, Tennessee; disposal assets in New York, New York; hauling assets in Norfolk, Virginia; and hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida. endobj ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . /CropBox [0 0 612 792] /Parent 13 0 R /Resources 125 0 R endobj /Type /Page endobj Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. This form is a Complaint for Injunctive Relief and Damages. (ECF No. The United States is entitled to injunctive relief under 26 U.S.C. Roll-off waste collection customers typically generate bulkier items of waste and/or substantially larger volumes of waste than residential or small container commercial waste customers from sources such as construction sites or industrial plants. /Resources 261 0 R 4 0 obj >> >> /MediaBox [0 0 612 792]