In such areas, many of the problems associated with the permitting and construction of a landfill could make it difficult to permit and construct a transfer station. 53 0 obj >> COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . 62 0 obj endobj << /MediaBox [0 0 612 792] /Rotate 0 /MediaBox [0 0 612 792] /Type /Pages /Rotate 0 /MediaBox [0 0 612 792] "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. >> /Parent 11 0 R To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. 76 0 obj <> endobj .t. On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). "Transfer station" means an intermediate disposal site, often used in more densely populated areas, for the processing and temporary storage of solid waste before transfer, in bulk, to more distant facilities for final disposal. /Resources 289 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. /Type /Page /CropBox [0 0 612 792] /Resources 181 0 R /Annots [] 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. >> /Type /Page This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. 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. In each of these markets, the resulting substantial increase in concentration, loss of competition, and absence of reasonable prospect of significant new entry or expansion by market incumbents, ensures that consumers will pay substantially higher prices for collection of small container commercial waste, the collection of roll-off waste, or the disposal of MSW. /Annots [] $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! The roll-off container, when filled, is picked up by roll-off trucks, which are uniquely well suited for roll-off waste collection, and driven to a nearby disposal site, where the container's contents are disposed. K.A%aut\@Uaa[pVWnOe endobj 65. /Type /Page << Charles B. Jimerson << /Parent 4 0 R Share sensitive information only on official, secure websites. 3. (ECF No. /Rotate 0 endobj 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. 38. /Type /Page >> /Annots [] endobj /CropBox [0 0 612 792] /Contents [286 0 R 287 0 R 288 0 R] In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . /Contents [338 0 R 339 0 R 340 0 R] /MediaBox [0 0 612 792] /Resources 405 0 R D. P. et al., . /Resources 329 0 R << judgment, and preliminary and permanent injunctive relief and damages. /MediaBox [0 0 612 792] /Resources 285 0 R ( 63 0 obj 0000003946 00000 n /CropBox [0 0 612 792] /CropBox [0 0 612 792] >> /Type /Page 2320 0 obj<> endobj /Rotate 0 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . 12102(1)-(2), the regulations implementing the . /CropBox [0 0 612 792] 67 0 obj /Type /Page 75 0 obj 37 0 obj ( /Annots [] 6 0 obj /Rotate 0 /Annots [] JURISDICTION AND VENUE 2. /Parent 12 0 R 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. 31 0 obj <>stream /Resources 233 0 R << The extension ofvote-by-mail options and other accommodations at polling places is necessary. endobj 28 0 obj /Parent 13 0 R endobj /Type /Page << /Type /Page 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 249 0 R /Filter /FlateDecode ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx 18. /CropBox [0 0 612 792] 3. /Parent 14 0 R Does the courts have ability to enforce what you are requesting? /Contents [354 0 R 355 0 R 356 0 R] /Annots [] 32. /Rotate 0 Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . 19. /Rotate 0 Z( 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). ( /Type /Page /CropBox [0 0 612 792] <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> It is engaged in providing waste collection and disposal services throughout the United States. /Annots [] >> U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. endobj /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Parent 7 0 R 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. 2 0 obj ( >> APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . >> /Rotate 0 endobj /Parent 9 0 R stream 14. endobj >> did not involve a claim for declaratory relief. << Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. GsYzQh50ee' /CropBox [0 0 612 792] /Parent 11 0 R /Type /Page /Resources 333 0 R /CropBox [0 0 612 792] In 1999, Allied reported total revenues of approximately $6 billion. endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. 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. endobj /Rotate 0 /Type /Page /Annots [] >> In the event of a small but significant increase in the price of the disposal of MSW in the Anderson, IN or New York City, NY areas, haulers of MSW generated in each area would not turn to disposal facilities outside their area. /Parent 4 0 R /Annots [] endobj 27 0 obj This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. /Contents [278 0 R 279 0 R 280 0 R] << /Parent 11 0 R 38 0 obj That plaintiff recover the costs of this action. On August 20, . /CropBox [0 0 612 792] /Resources 305 0 R /Rotate 0 /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] /CropBox [0 0 612 792] Often businesses do not consider the implications for taking this action. /Rotate 0 /CropBox [0 0 612 792] 54. /MediaBox [0 0 612 792] /Rotate 0 /Annots [] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] >> /Contents [218 0 R 219 0 R 220 0 R] 36 0 obj x+ | /Annots [] /Type /Page /Annots [] /Resources 253 0 R /Annots [] "New York City, NY area" means the Borough of Brooklyn, New York. /Rotate 0 0 3601, et seq. 0000001149 00000 n /Rotate 0 0000001641 00000 n /CropBox [0 0 612 792] /Type /Page 92 0 obj /Contents [274 0 R 275 0 R 276 0 R] /Count 10 22408. 69 0 obj >> >> /Annots [] /Type /Page 1331 and 1337. /Resources 205 0 R /Rotate 0 /Annots [] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 39. 53. /Kids [85 0 R 86 0 R 87 0 R 88 0 R 89 0 R 90 0 R 91 0 R 92 0 R 93 0 R] << /CropBox [0 0 612 792] endobj /Rotate 0 10 0 obj 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. >> 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. /Resources 101 0 R /Contents [162 0 R 163 0 R 164 0 R] << /Rotate 0 >> ( endobj /Rotate 0 endobj /Rotate 0 46 0 obj /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] /Contents [126 0 R 127 0 R 128 0 R] /Parent 9 0 R 7.) /Type /Page /Parent 13 0 R /CropBox [0 0 612 792] 39 0 obj /Annots [] ( /Annots [] /Resources 401 0 R /Rotate 0 >> /Resources 177 0 R See Laws of Florida, Ch. /CropBox [0 0 612 792] endobj This is a must-watch video before you consider whether to sue for injunction. /Rotate 0 /MediaBox [0 0 612 792] endobj /Parent 10 0 R 90 0 obj /Parent 7 0 R ( << 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. /Contents [94 0 R 95 0 R 96 0 R] >> endobj /MediaBox [0 0 612 792] An official website of the United States government. /Rotate 0 ]\q( $QSRP@=8`) $CC16 PI_ XL /Rotate 0 Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. << /Type /Page clearly appears from specific facts shown by affidavit or by verified complaint that immediate or 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. 0000003645 00000 n %%EOF (2001). /Parent 10 0 R The acquisition would reduce from three to two the number of significant firms that compete in the collection of small container commercial waste in the Burlington and Camden Counties, NJ area. "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. /Resources 345 0 R /Parent 7 0 R The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. /Parent 4 0 R 76 0 obj /Contents [202 0 R 203 0 R 204 0 R] And yet the State of Florida (the State) has failed to take reasonable emergency measures necessary for voter participation in the face of this crisis. << >> >> /CropBox [0 0 612 792] 47 0 obj /Parent 12 0 R 58. >> /Contents [318 0 R 319 0 R 320 0 R] /Resources 341 0 R endobj << /MediaBox [0 0 612 792] 57 0 obj /Contents [142 0 R 143 0 R 144 0 R] In the Albany, NY area, the proposed acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. 27. /Parent 10 0 R /Annots [] } !1AQa"q2#BR$3br << /CropBox [0 0 612 792] /MediaBox [0 0 612 792] The significant share of the roll-off collection market which Republic would have, its control of the primary disposal sites in the area, and its frequent use of long-term, automatically renewing contracts with roll-off collection customers, would make entry into the Macon, GA roll-off waste collection market difficult, and unlikely to prevent market incumbents from significantly raising prices for the collection of roll-off waste following the acquisition. /Resources 389 0 R /Resources 317 0 R /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) /Count 10 44 0 obj /Contents [234 0 R 235 0 R 236 0 R] /Rotate 0 /Contents [270 0 R 271 0 R 272 0 R] /Parent 11 0 R /MediaBox [0 0 612 792] 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. This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. 55 0 obj 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. /Annots [] 19 0 obj ( 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 /Type /Page There could be a negative impact on the plaintiffs public image. /MediaBox [0 0 612 792] endobj /Contents [382 0 R 383 0 R 384 0 R] After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /Rotate 0 12 0 obj << /Annots [] The extension of vote-by-mail options and other accommodations at polling places is necessary. /Annots [] endobj /Contents [290 0 R 291 0 R 292 0 R] /Annots [] endobj 48 0 obj 31 0 obj Allied is the nation's second largest waste hauling and disposal company. /Contents [242 0 R 243 0 R 244 0 R] 34. endobj /Resources 265 0 R << endobj /Resources 117 0 R /Annots [] /Contents [214 0 R 215 0 R 216 0 R] /MediaBox [0 0 612 792] /Resources 225 0 R >> /Annots [] endobj << endobj 11 0 obj << 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. 45. 18. /Type /Page /Resources 369 0 R %%EOF /Parent 4 0 R >> >> 40. << /Length 1411 "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. /Resources 297 0 R "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. "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. endobj /MediaBox [0 0 612 792] 28. "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. /Annots [] As such, following the process to the tee will help improve your chances for success. /Contents [266 0 R 267 0 R 268 0 R] .+p>hPhb4yiK=c`/XOv@|fe`iY /Contents [402 0 R 403 0 R 404 0 R] 33. /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] /Type /Page /Rotate 0 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. 73 0 obj /MediaBox [0 0 612 792] /Type /Page 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. /Type /Page ( 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 /CropBox [0 0 612 792] Official websites use .gov /Resources 165 0 R 66 0 obj /Parent 8 0 R Small Container Commercial Waste Collection Service. Firms that compete in the disposal of MSW can profitably increase their charges to haulers of MSW without losing significant sales to any other firms. << 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. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] >> /Type /Page /MediaBox [0 0 612 792] << /Annots [] /Rotate 0 /Type /Page /Type /Page /Annots [] Section 13(b) of the FTC Act, 15 U.S.C. << /PageLabels 3 0 R >> 0000001275 00000 n << /Parent 11 0 R 10941 and Laws of Florida, Ch. endstream Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise.