Troy Louis Pierson, Manawatu Rugby Team 1976, Articles C

/Contents [282 0 R 283 0 R 284 0 R] >> To access the presentation, visit YouTube or click play on the embedded image below. 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] /Contents [118 0 R 119 0 R 120 0 R] Each of these areas is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. /Contents [286 0 R 287 0 R 288 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. /Type /Page << /CropBox [0 0 612 792] Temporary Injunction - Florida Litigation Guide /Resources 393 0 R /Type /Page 45. 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. 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. ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . /MediaBox [0 0 612 792] 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. 4. endstream In addition, a FEL or REL vehicle cannot be efficiently driven long distances without collecting significant amounts of MSW, which makes it economically impractical for a small container commercial waste collection firm to serve metropolitan areas from a distant base. /CropBox [0 0 612 792] 22. /Resources 345 0 R /Rotate 0 /Type /Page 1391, . for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. Roll-off vehicles have no compaction system on board and are designed to carry only one large container at a time to a disposal site. 38. 3601, et seq. 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. 37 0 obj /CropBox [0 0 612 792] /Parent 12 0 R Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. 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. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! endobj /Parent 10 0 R Is there any vagueness, or is everything extremely clear? /MediaBox [0 0 612 792] << /Annots [] 33 0 obj hbbd`b`rfb`gb` # In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. 9. %PDF-1.3 % PDF Complaint for Emergency Injunctive and Declaratory Relief 51. /Parent 12 0 R ( /Type /Page >> endobj APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . /Annots [] /Annots [] endobj Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. /Rotate 0 /MediaBox [0 0 612 792] /Annots [] 0000003645 00000 n /Rotate 0 /Type /Page <<14CA263718F8354CB34DA495C0495A29>]>> (PC) Carroll v. Vallejo Police Department, et al., No. 1:2023cv00004 EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. /Rotate 0 /Annots [] 52. /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. 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. << . << /Rotate 0 /Rotate 0 25 0 obj <> endobj >> In the Clarksville, TN area, the acquisition would reduce from five to four the number of significant firms competing in the collection of small container commercial waste. 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). /CropBox [0 0 612 792] << In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /Parent 13 0 R << 28 0 obj endobj /CropBox [0 0 612 792] Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit Republic is engaged in providing waste collection and disposal services throughout the United States. /Resources 137 0 R /Annots [] /Annots [] 3 0 obj 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. 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 Louisville, KY/Sellersburg, IN area. 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. /Annots [] /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. DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. endobj << In exchange, pursuant to other agreements, Republic would acquire from Allied: disposal assets in Anderson, Indiana; hauling assets in Columbus, Ohio; hauling assets in Lakeland, Florida; hauling assets in Louisville, Kentucky and Sellersburg, Indiana; hauling and disposal assets in Macon, Georgia; and hauling assets in Monmouth, Burlington and Camden counties, New Jersey. /Contents [150 0 R 151 0 R 152 0 R] 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. /Annots [] /Parent 8 0 R 6th Street Ft. Lauderdale, FL 33301 Defendants. ( endobj 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt 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. /Parent 4 0 R /Type /Page /Annots [] /Annots [] 2322 0 obj<>stream /Type /Page In the Nashville, TN area, the acquisition would reduce from three to two the number of significant firms competing in the collection of small container commercial waste. /MediaBox [0 0 612 792] /Annots [] 0000000556 00000 n /Rotate 0 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. << 20 0 obj << Managing Partner 72 0 obj endobj /Annots [] /Contents [318 0 R 319 0 R 320 0 R] endobj 87 0 obj Small Container Commercial Waste Collection Service. Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. << /CropBox [0 0 612 792] /Rotate 0 /Contents [242 0 R 243 0 R 244 0 R] The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. JacqmeinV /Contents [110 0 R 111 0 R 112 0 R] %PDF-1.3 % /Rotate 0 >> /CropBox [0 0 612 792] 57. The President of the United States and the Governor of Florida have each declared a state of emergency. /Rotate 0 /Type /Page 48. 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. /CropBox [0 0 612 792] The length of the presentation is 46:09. There are no good substitutes for MSW disposal. 50. /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 . << 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. endobj /Type /Page /CropBox [0 0 612 792] << 0000001536 00000 n /Annots [] 0000003868 00000 n endobj Z( "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. /Rotate 0 ( >> PDF COMPLAINT FOR INJUNCTIVE RELIEF - archive.org /Annots [] 43 0 obj /Type /Page << /Type /Pages >> ( endobj >> ( endobj /Parent 11 0 R /Resources 329 0 R /Resources 117 0 R /Parent 8 0 R /Type /Pages Noncompete Agreements: Protecting Referral Relationships as Legitimate Business Interests, Hiring for Florida Banks and Credit Unions: A Summary of Background Checks and Other Information Required to Comply With Various Regulatory Schemes. 40 0 obj /Rotate 0 /Rotate 0 /MediaBox [0 0 612 792] /Type /Page /Contents [170 0 R 171 0 R 172 0 R] /Rotate 0 Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. /Type /Page >> "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. /Resources 149 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 [] 55. Republic would thus be in a position to raise the disposal costs at the landfill and transfer stations which it would own to any new or existing roll-off collection competitor in the Macon, GA area. /Annots [] /Rotate 0 PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief Omega SA v. The Individuals, Business Entities, and Unincorporated 22 and 28 U.S.C. /CropBox [0 0 612 792] 34 0 obj << /Parent 13 0 R endobj 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. On August 20, . /Annots [] The City changed its name from "New 67 0 obj 0000001187 00000 n Should you request a temporary injunction or push quickly for final permanent injunction. 44 0 obj << << 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. << Introduction Types of Injunctive Relief - The CLM /Rotate 0 hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. endobj << /Contents [194 0 R 195 0 R 196 0 R] /Rotate 0 /Parent 14 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. Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. /Parent 11 0 R endobj Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. 66. /Resources 365 0 R << In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. /Rotate 0 There could be a negative impact on the plaintiffs public image. stream /Parent 14 0 R >> /Parent 11 0 R >> Statutes & Constitution :View Statutes : Online Sunshine /MediaBox [0 0 612 792] 62 0 obj /Contents [130 0 R 131 0 R 132 0 R] 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 /Rotate 0 A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . 81 0 obj /Resources 229 0 R "0A149;>>>%.DIC; C /Contents [374 0 R 375 0 R 376 0 R] 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. 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. /CropBox [0 0 612 792] 12 0 obj PDF Complaint for Injunctive Relief Representatives /Resources 125 0 R /Annots [] x+ | 48 0 obj /Parent 4 0 R In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. << /CropBox [0 0 612 792] /Parent 9 0 R "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. /Parent 10 0 R Less frequently, haulers may use more maneuverable, but less efficient, rear-end loader ("REL") trucks, especially in those areas in which a collection route includes narrow alleyways or streets. PDF IN THE CIRCUIT COURT OF THE SECOND JUDICIAL - Florida Carry, Inc. endobj not << /Contents [186 0 R 187 0 R 188 0 R] endobj /CropBox [0 0 612 792] /Contents [330 0 R 331 0 R 332 0 R] << /Contents [262 0 R 263 0 R 264 0 R] /Kids [75 0 R 76 0 R 77 0 R 78 0 R 79 0 R 80 0 R 81 0 R 82 0 R 83 0 R 84 0 R] >> /Resources 321 0 R endobj 8. This is an action for injunctive relief. /CropBox [0 0 612 792] /Contents [326 0 R 327 0 R 328 0 R] << /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. ( 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. /Annots [] >> 79 0 obj /Parent 8 0 R /Contents [394 0 R 395 0 R 396 0 R] /Rotate 0 /Filter /FlateDecode /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 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. /Parent 11 0 R /Rotate 0 /CropBox [0 0 612 792] /Rotate 0 /Parent 12 0 R /MediaBox [0 0 612 792] /Resources 297 0 R /Annots [] >> 30 0 obj << 42 0 obj /CropBox [0 0 612 792] ? /Count 79 In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. 18. /Rotate 0 49. PDF Complaint for Permanent Injunction and Other Equitable Relief /MediaBox [0 0 612 792] /Annots [] endstream ( For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. ( 4. >> 2201 a nd 2202. endobj /Annots [] endobj /Type /Catalog trailer 26 0 obj /Nums [0 6 0 R] << /Resources 217 0 R endobj 16 0 obj /Annots [] On February 10, 2023, the Court screened the 27 First Amended Complaint and dismissed it for failure to state a claim, with leave to amend within 28 thirty days. /Contents [354 0 R 355 0 R 356 0 R] 84 0 obj 2 0 obj /MediaBox [0 0 612 792] /Rotate 0 0000003404 00000 n << endobj >> /Type /Page /Resources 177 0 R 7. 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. PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . << 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. "Norfolk, VA area" means the cities of Chesapeake, Suffolk, Virginia Beach, Norfolk, Poquoson, Newport News and Portsmouth, and York, Surry, James City, Southampton, and Isle of Wight counties, Virginia. << /Resources 101 0 R Professional Services Industry Legal Blog>. /Resources 157 0 R /Type /Page /Rotate 0 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. /CropBox [0 0 612 792] The Corps' environmental analysis for this project is based on the same assumptions and >> /ModDate (D:20220824143048-04'00') /Annots [] 0000006750 00000 n /Type /Page /CropBox [0 0 612 792] /Annots [] _______/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. 58 0 obj << 0000001149 00000 n 83 0 obj endobj endobj /Rotate 0 /MediaBox [0 0 612 792] /Resources 193 0 R endobj x1 04) F&`/MFWxC. /Type /Page /Annots [] 44. /Pages 4 0 R Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. >> 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. 2201-202, and . /Rotate 0 _l {:\! /Annots [] Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). /CropBox [0 0 612 792]