trailer 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. /Resources 137 0 R endobj >> /CropBox [0 0 612 792] 22 and 28 U.S.C. endobj 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. In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. /Type /Page 41. /CropBox [0 0 612 792] /Contents [402 0 R 403 0 R 404 0 R] 0000001641 00000 n 60. 94 0 obj .t. ( >> This form is a Complaint for Injunctive Relief and Damages. /Rotate 0 Complaint for Emergency Injunctive Relief in Florida Primary /Contents [370 0 R 371 0 R 372 0 R] Complaint for Injunctive Relief and Damages for Breach of /Annots [] The length of the presentation is 46:09. Plaintiff, Florida Carry, is a Florida Not-For-Profit Corporation with a principal place of business located at 1090 Wild Holly Drive, Port Orange, Florida, 32129. /Parent 7 0 R >> /MediaBox [0 0 612 792] /CropBox [0 0 612 792] >> endobj >> 8. /MediaBox [0 0 612 792] /Resources 365 0 R ( /Type /Page endobj >> SOUTHERN DISTRICT OF FLORIDA . 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. >> Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. /CropBox [0 0 612 792] << 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. Does the temporary injunction preserve the Status Quo or does it make a change? /Annots [] endstream 62 0 obj endobj After the acquisition, Republic would control over 85 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. /Resources 361 0 R /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] "Louisville, KY/ Sellersburg, IN area" means the cities of Louisville, Kentucky and Sellersburg, Indiana; Jefferson County, Kentucky; and the parts of Floyd and Clark counties, Indiana abutting Jefferson County, Kentucky. 87 0 obj Suing for an injunction in Florida is all about preserving the status quo. << << /MediaBox [0 0 612 792] << Often businesses do not consider the implications for taking this action. /Contents [134 0 R 135 0 R 136 0 R] /Contents [290 0 R 291 0 R 292 0 R] endobj 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. /Annots [] /Parent 14 0 R 56 0 obj PDF United States District Court Northern District of Florida Pensacola /CropBox [0 0 612 792] /Type /Page 0000001563 00000 n /CropBox [0 0 612 792] Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. /Type /Page /Annots [] 57 0 obj 1391, . 3. 23. << 44. >> endobj /Annots [] >> 27. 4 0 obj 6. /Resources 201 0 R On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. /Resources 141 0 R hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream >> /Parent 4 0 R PDF IN THE CIRCUIT COURT OF THE SECOND JUDICIAL - Florida Carry, Inc. hbbd`b`rfb`gb` # << 37. prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. /CropBox [0 0 612 792] 74 0 obj Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. >> /CropBox [0 0 612 792] 52 0 obj /Type /Page /Parent 10 0 R : 01-42230-BKC-AJC . >> "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. << /CropBox [0 0 612 792] /Annots [] /Type /Page /Contents [382 0 R 383 0 R 384 0 R] endobj 0000003404 00000 n /Type /Page endobj 53. Small Container Commercial Waste Collection Service. Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 >> /Creator (PScript5.dll Version 5.2.2) PDF COMPLAINT FOR INJUNCTIVE RELIEF - archive.org /Parent 7 0 R /Contents [222 0 R 223 0 R 224 0 R] Deciding Whether to Sue for Injunction, and What is the Process to 20. /MediaBox [0 0 612 792] << 18. 34. /CropBox [0 0 612 792] >> /CropBox [0 0 612 792] 32 0 obj 6. /CropBox [0 0 612 792] 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. /Resources 401 0 R /Contents [178 0 R 179 0 R 180 0 R] /Type /Page 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. /Parent 7 0 R >> /Contents [142 0 R 143 0 R 144 0 R] /Resources 125 0 R endobj >> /Resources 261 0 R /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] There may be disclosure of confidential information such as trade secrets. Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /MediaBox [0 0 612 792] endobj /Type /Page << /CropBox [0 0 612 792] On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Contents [366 0 R 367 0 R 368 0 R] 2201-202, and . %PDF-1.5 /Resources 301 0 R /CropBox [0 0 612 792] /Rotate 0 /CropBox [0 0 612 792] /Annots [] /Resources 169 0 R /CropBox [0 0 612 792] /CropBox [0 0 612 792] The predictable result is the denial of the vote to untold numbers of Floridians who had planned to vote in person on Election Dayincluding those who are elderly or have health conditions and cannot get to the polls without tremendous risk, university students who are no longer present in their county of registration because their dorms have closed, and those who venture out but encounter long lines and confusion at the polls. >> 25 0 obj <> endobj << /Type /Page After the acquisition, Republic would own two of the three transfer stations, which together would control in excess of 65 percent of the MSW disposal market, which has annual revenues in excess of $3 million. /Rotate 0 >> This is a must-watch video before you consider whether to sue for injunction. /Rotate 0 MSW is generally transported by collection trucks to landfills and transfer stations, and the availability of disposal sites close to a hauler's routes is a major element that determines a hauler's competitiveness and profitability. This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] PDF Complaint for injunction and declaratory relief /Contents [398 0 R 399 0 R 400 0 R] Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. 54 0 obj 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. endobj PDF Complaint for Injunctive and Other Equitable Relief A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. /Parent 11 0 R 52. xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC /MediaBox [0 0 612 792] endobj /Parent 12 0 R /MediaBox [0 0 612 792] endobj /CropBox [0 0 612 792] 24 0 obj /Parent 8 0 R clearly appears from specific facts shown by affidavit or by verified complaint that immediate or /Annots [] Defendants Allied and Republic collect municipal solid waste from residential, commercial, and industrial customers, and they own and operate transfer stations, landfills, and incinerators, which process and dispose of municipal solid waste. << /Parent 12 0 R /Annots [] 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. ( /Resources 145 0 R /Parent 9 0 R 0000003135 00000 n 43 0 obj /Rotate 0 0 /Annots [] /Rotate 0 endobj >> VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. /Type /Page 0000006259 00000 n /Type /Page Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. << ( PDF Motion for Summary Judgment - Liberty Counsel endobj 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. << DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. 65 0 obj On a typical small container commercial waste collection route, an operator drives a FEL vehicle to the customer's container, engages a mechanism that grasps and lifts the container over the front of the truck, and empties the container into the vehicle's storage section, where the waste is compacted and stored. endobj /Type /Pages endobj "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. 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. /Annots [] /CropBox [0 0 612 792] endobj The county court may issue a temporary and permanent injunction where appropriate for violation of ss. 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 addition, be sure you have competent, knowledgeable and experienced counsel in your corner. /MediaBox [0 0 612 792] xref /Annots [] . /Contents [390 0 R 391 0 R 392 0 R] /Annots [] state of Florida in 1925 and yet again in 1943, under the legislative powers granted to the Florida legislature under the 1885 Constitution of the State of Florida. 2018 to May 6, 2021. CASE NO. /Resources 405 0 R << /Contents [190 0 R 191 0 R 192 0 R] 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; /Contents [110 0 R 111 0 R 112 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). Professional Services Industry Legal Blog>. After the acquisition, Allied would control roughly 69 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $25 million. This is an action for permanent injunctive relief, declaratory relief, and /Parent 13 0 R 2. 35. /MediaBox [0 0 612 792] << /Rotate 0 /Annots [] /Rotate 0 ( /Annots [] /Type /Pages /Rotate 0 ? << >> << MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. endobj (PC) Carroll v. Vallejo Police Department, et al., No. 1:2023cv00004 << /MediaBox [0 0 612 792] /Type /Page } !1AQa"q2#BR$3br /Resources 157 0 R /MediaBox [0 0 612 792] /Rotate 0 In the United States District Court for The Southern District of New York 36. JURISDICTION AND VENUE 1. >> /Rotate 0 Official websites use .gov COMPLAINT FOR INJUNCTIVE, DECLARATORY RELIEF, AND DAMAGES Plaintiff, STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS sues Defendant, TODD TEAL d/b/a WALTER A. SMITH, SNUFFY SMITH, (TEAL) and alleges: NATURE OF THE ACTION 1. 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. C. Reduction in Competition As a Consequence of the Acquisition. /Contents [198 0 R 199 0 R 200 0 R] /Parent 13 0 R /MediaBox [0 0 612 792] /Contents [186 0 R 187 0 R 188 0 R] &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id The operator then drives the FEL truck to a disposal facility, such as a transfer station, landfill or incinerator, and empties the contents of the vehicle. In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. That plaintiff recover the costs of this action. /MediaBox [0 0 612 792] /Resources 205 0 R /Parent 10 0 R Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /Rotate 0 endobj >> /Rotate 0 38. /Contents [154 0 R 155 0 R 156 0 R] 0000003645 00000 n "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. Local small container commercial waste collection firms 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 areas can profitably increase charges to local customers without losing significant sales to more distant competitors. 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. /CropBox [0 0 612 792] ( /Rotate 0 /Count 10 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. ( /Type /Pages /S /D /Annots [] /Rotate 0 /Type /Page /Parent 12 0 R >> 81 0 obj endobj Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. 14. /Type /Page /Contents [378 0 R 379 0 R 380 0 R] /CropBox [0 0 612 792] 93 0 obj endobj endobj /Type /Page >> << /Parent 7 0 R /Resources 409 0 R For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. 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. In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. /Type /Page /Resources 333 0 R /Parent 13 0 R /Annots [] /Type /Page In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. 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. /Type /Page /Annots [] /Contents [270 0 R 271 0 R 272 0 R] 62. PDF United States District Court Middle District of Florida Tampa Division The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. /Parent 12 0 R Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. endobj /Annots [] endobj 0000000879 00000 n endobj 18 0 obj 55 0 obj %%EOF 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. United States District Court Southern District of Florida << ( 79 0 obj /Parent 9 0 R 11 0 obj /Resources 325 0 R /Type /Page /Type /Page 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. /Rotate 0 Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. /Contents [334 0 R 335 0 R 336 0 R] /CropBox [0 0 612 792] /Contents [278 0 R 279 0 R 280 0 R] /Annots [] /Resources 229 0 R /Contents [254 0 R 255 0 R 256 0 R] Plaintiff is a Florida resident, lives in Miami- Dade County, is sui juris, and qualifies of a protected class under the ADA, 42 U.S.C. /CropBox [0 0 612 792] 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. . PDF Verified Complaint for Damages and Injunctive Relief Omega SA v. The Individuals, Business Entities, and Unincorporated trailer Significant new entry into small container commercial waste collection service is difficult and time-consuming 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 areas. 2322 0 obj<>stream JFIF C /Contents [206 0 R 207 0 R 208 0 R] 27 0 obj >> endobj >> >> Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. /MediaBox [0 0 612 792] << %%EOF << /MediaBox [0 0 612 792] 91 0 obj /MediaBox [0 0 612 792] 44 0 obj >> 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. /Rotate 0 /Type /Page /Parent 9 0 R /CropBox [0 0 612 792] /Annots [] /Annots [] /Rotate 0 5. /MediaBox [0 0 612 792]