>> << /Type /Catalog /Resources 185 0 R Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. After the acquisition, Allied would control over 50 percent--and two firms more than 90 percent-- of the small container commercial waste hauling market, which has annual revenues of about $10 million. /CropBox [0 0 612 792] Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. 4. /MediaBox [0 0 612 792] /Parent 12 0 R /Parent 12 0 R 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. endobj 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. In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. Rather, its about dealing with the future, not something that happened in the past. 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 . %%EOF PDF Complaint for injunction and declaratory relief /Rotate 0 /MediaBox [0 0 612 792] /Type /Page /Resources 341 0 R /MediaBox [0 0 612 792] /Rotate 0 << 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt After the acquisition, Republic would control over 50 percent--and two firms over 80 percent-- of the small container commercial waste hauling market, which has annual revenues of about $29 million. 59 0 obj United States District Court Southern District of Florida /Rotate 0 0000001373 00000 n << Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. /Parent 12 0 R PDF United States District Court Northern District of Florida Pensacola /Rotate 0 /PageLabels 3 0 R An official website of the United States government. 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." /CropBox [0 0 612 792] 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. Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . Annotations: Subsection (b) of the rule extends the Small Claims Rules to all claims for money or property, even when expressed or coupled with a claim for equitable relief. /Resources 233 0 R 69. /MediaBox [0 0 612 792] 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 Amended Complaint "Motion") [ECF(the No. 55. 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . >> /Rotate 0 /Annots [] 7 0 obj stream /CropBox [0 0 612 792] >> /Type /Page << /Annots [] Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . << Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for There are immediate expenditures necessary. endobj 90 0 obj The likely effect of these acquisitions is to substantially lessen competition and to tend to create a monopoly in interstate trade and commerce in violation of Section 7 of the Clayton Act. 6 0 obj /Parent 8 0 R 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. What impact will it have on third-parties and employees? /Parent 9 0 R /Resources 177 0 R /MediaBox [0 0 612 792] Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. <> 11 0 obj /CropBox [0 0 612 792] Z( /MediaBox [0 0 612 792] 22 and 28 U.S.C. 0000001149 00000 n /Contents [278 0 R 279 0 R 280 0 R] endobj It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Contents [102 0 R 103 0 R 104 0 R] /CropBox [0 0 612 792] PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. /Parent 13 0 R /Parent 10 0 R 52. 88 0 obj 44 0 obj MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. /Annots [] /Contents [266 0 R 267 0 R 268 0 R] /CropBox [0 0 612 792] /MediaBox [0 0 612 792] 50. >> /Annots [] Allied and Republic directly compete in the disposal of waste in a number of markets nationwide, including the Anderson, IN; New York City, NY; and Macon, Georgia areas. /Annots [] /Rotate 0 Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. /Annots [] >> endobj /Parent 14 0 R 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. /Annots [] 2322 0 obj<>stream << /Type /Page xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC >> endobj /Type /Page 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. 0 72 0 obj 3. >> 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. /Parent 7 0 R EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. endobj /Annots [] /Type /Page ( endobj 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. >> /Type /Pages 2 0 obj /Resources 161 0 R 53. >> /Contents [194 0 R 195 0 R 196 0 R] /MediaBox [0 0 612 792] /Annots [] stream 41 0 obj /Rotate 0 This action is brought to /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] 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. /Annots [] << ( /Rotate 0 /Contents [406 0 R 407 0 R 408 0 R] /MediaBox [0 0 612 792] << Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? This is an action for injunctive relief. /Resources 189 0 R << SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. 3. /Rotate 0 /Contents [206 0 R 207 0 R 208 0 R] /MediaBox [0 0 612 792] ( /Contents [198 0 R 199 0 R 200 0 R] /Contents [186 0 R 187 0 R 188 0 R] "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. /Count 10 /Annots [] /Parent 11 0 R In the Lakeland, FL area, the acquisition would reduce from two to one the number of significant competitors in the collection of small container commercial waste. /Rotate 0 >> Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. /Parent 12 0 R /Contents [214 0 R 215 0 R 216 0 R] /Parent 13 0 R 67. Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? << /Rotate 0 /Type /Page <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> ( << /Parent 11 0 R ( Small Container Commercial Waste Collection Service. The global coronavirus pandemic threatens to disrupt the Presidential 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. In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . 29 0 obj /Parent 7 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. /Type /Page /Parent 12 0 R 57 0 obj PDF Complaint for Injunctive Relief Representatives 79 0 obj 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. x+ | /Parent 7 0 R /MediaBox [0 0 612 792] <>>> JURISDICTION AND VENUE 1. >> /Contents [382 0 R 383 0 R 384 0 R] /Parent 11 0 R 0000002235 00000 n trailer /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] << 45 0 obj /Rotate 0 endobj In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. >> After the acquisition, Allied would control over 55 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $28 million. /Parent 8 0 R /Contents [398 0 R 399 0 R 400 0 R] /Rotate 0 endobj 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. /Resources 377 0 R >> 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. endobj ( /MediaBox [0 0 612 792] /Rotate 0 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. endobj 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. 0000001641 00000 n VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. 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. Often businesses do not consider the implications for taking this action. Statutes & Constitution :View Statutes : Online Sunshine 1114 Trademark Infringement . 2. endobj 0000000592 00000 n /Parent 9 0 R /MediaBox [0 0 612 792] /Resources 401 0 R <<14CA263718F8354CB34DA495C0495A29>]>> 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. 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). Does the courts have ability to enforce what you are requesting? << An individual commercial customer typically generates substantially more MSW than a residential customer. /CropBox [0 0 612 792] /Parent 9 0 R 71 0 obj 1331 and 1337. << /Type /Pages Thus, small container commercial 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. >> << "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. 35 0 obj In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /MediaBox [0 0 612 792] Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. /Rotate 0 /Type /Page << 50 0 obj endobj 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . /Type /Page endobj /Parent 7 0 R 8. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 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. >> /Rotate 0 /Parent 10 0 R /Type /Pages 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.
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