>> Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. >> /Contents [170 0 R 171 0 R 172 0 R] /Rotate 0 >> /Contents [382 0 R 383 0 R 384 0 R] endobj << >> /CropBox [0 0 612 792] It is engaged in providing waste collection and disposal services throughout the United States. /Annots [] 22 and 28 U.S.C. /Rotate 0 ( << /MediaBox [0 0 612 792] >> /Type /Page 5 0 obj 95 0 obj 0000000016 00000 n What happens if the temporary injunction is not granted? 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; 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . 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. /Annots [] /Parent 8 0 R IV. << 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. 19. /Annots [] 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. For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. 70 0 obj /Contents [314 0 R 315 0 R 316 0 R] 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. 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. 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. /PageLabels 3 0 R Suing for an injunction in Florida is all about preserving the status quo. /Parent 13 0 R /MediaBox [0 0 612 792] /Rotate 0 /Rotate 0 /Rotate 0 /MediaBox [0 0 612 792] << << /Parent 9 0 R 10941 and Laws of Florida, Ch. >> /MediaBox [0 0 612 792] /Annots [] COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . /CropBox [0 0 612 792] 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. 2322 0 obj<>stream /Resources 285 0 R endobj 43 0 obj 12 0 obj <>>> Waste collection firms, or "haulers," collect MSW from residential, commercial and industrial establishments, and transport the waste to a disposal site, such as a transfer station, sanitary landfill or incinerator, for processing and disposal. Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. /Resources 257 0 R /Type /Page >> 69. 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 /Resources 213 0 R /MediaBox [0 0 612 792] /Rotate 0 Microsoft Word - 2022-08-24 - Complaint - FINAL /Contents [306 0 R 307 0 R 308 0 R] /Count 10 /Parent 14 0 R /Parent 10 0 R /Length 1411 ( Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. /MediaBox [0 0 612 792] /Type /Page 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. /Rotate 0 /Parent 11 0 R /Parent 7 0 R See Merger Guidelines 1.51. /Kids [35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R] ( >> (2001). endobj /Parent 8 0 R /Annots [] /Rotate 0 GsYzQh50ee' /Annots [] 4. /CropBox [0 0 612 792] 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). 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. /Parent 11 0 R >> /Resources 305 0 R "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. >> /Resources 245 0 R /Type /Page << >> 33 0 obj 19 0 obj /MediaBox [0 0 612 792] "Anderson, IN area" means the City of Anderson and Madison County, Indiana. 11 0 obj endobj 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 >> Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . /Type /Page Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida. /Contents [154 0 R 155 0 R 156 0 R] endobj << /Subtype /XML . 61 0 obj Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. 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. endobj /Resources 113 0 R /Rotate 0 << endobj 11. << /Rotate 0 /Annots [] /Count 10 ( There are no good substitutes for MSW disposal. >> 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. 28. /Rotate 0 0000001536 00000 n >> In the New York City, NY area, the acquisition would reduce from five to four the number of significant firms competing to dispose of commercial MSW. /CropBox [0 0 612 792] /Rotate 0 It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. 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. /Annots [] Parties 13. /Rotate 0 /CropBox [0 0 612 792] /Parent 13 0 R 87 0 obj /Type /Page Does the courts have ability to enforce what you are requesting? /Resources 353 0 R >> << ( stores and restaurants). 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. << /Contents [102 0 R 103 0 R 104 0 R] 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. << endobj /Type /Page /Resources 169 0 R /Parent 13 0 R /Resources 133 0 R /Rotate 0 endobj 12102(1)-(2), the regulations implementing the . 0 US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. 74 0 obj /CropBox [0 0 612 792] /Type /Page /Contents [354 0 R 355 0 R 356 0 R] << PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> stream 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. Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /Contents [166 0 R 167 0 R 168 0 R] Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? >> /CropBox [0 0 612 792] 77 0 obj 41. JacqmeinV 0000003868 00000 n /Parent 11 0 R /Contents [162 0 R 163 0 R 164 0 R] 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. endobj /Rotate 0 How long will the injunction be effective? /Annots [] 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. /Annots [] endobj << /Contents [390 0 R 391 0 R 392 0 R] 34. >> endobj "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream /Contents [330 0 R 331 0 R 332 0 R] Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for << /Rotate 0 /Contents [122 0 R 123 0 R 124 0 R] /Rotate 0 >> There could be a negative impact on the plaintiffs public image. 0000006750 00000 n The proposed transactions, identified below, would lessen competition substantially in waste collection and/or disposal services: (1) Allied's acquisition of hauling assets in Albany, New York; (2) Allied's acquisition of hauling assets in Augusta, Georgia; (3) Allied's acquisition of hauling assets in Memphis, Nashville and Clarksville, Tennessee; (4) Allied's acquisition of disposal assets in New York, New York; (5) Allied's acquisition of hauling assets in Norfolk, Virginia; (6) Allied's acquisition of hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida ("Gulf Coast, Florida"); (7) Republic's acquisition of disposal assets in Anderson, Indiana; (8) Republic's acquisition of hauling assets in Columbus, Ohio; (9) Republic's acquisition of hauling assets in Lakeland, Florida; (10) Republic's acquisition of hauling assets in Louisville, Kentucky and Sellersburg, Indiana; (11) Republic's acquisition of hauling and disposal assets in Macon, Georgia; and (12) Republic's acquisition of hauling assets in Monmouth, Burlington and Camden counties, New Jersey. endobj 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . /CropBox [0 0 612 792] 29 0 obj << hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` /Resources 101 0 R 15 0 obj /Type /Page /Parent 12 0 R /CropBox [0 0 612 792] 0000001187 00000 n 12. hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. 66 0 obj 42. endobj xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC 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 $3 million. JURISDICTION AND VENUE 13. /Type /Page /Length 10 endstream endobj startxref The predictable result is the denial of the vote to untold numbers of Floridians who had planned to vote in person on Election Dayincluding those who are elderly or have health conditions and cannot get to the polls without tremendous risk, university students who are no longer present in their county of registration because their dorms have closed, and those who venture out but encounter long lines and confusion at the polls. << %PDF-1.5 ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. << 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. Rather, its about dealing with the future, not something that happened in the past. /Annots [] ( M`5`i`F{qZ >> /Parent 12 0 R 88 0 obj /Type /Page 32 0 obj /Resources 373 0 R /Annots [] << >> /MediaBox [0 0 612 792] /Annots [] /Parent 13 0 R endobj /Count 10 /Parent 8 0 R /Annots [] /Type /Page 20 0 obj /Rotate 0 << Often businesses do not consider the implications for taking this action. The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. 78 0 obj DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. /Rotate 0 0000001373 00000 n << 0000002929 00000 n endobj After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /Resources 161 0 R /Parent 4 0 R 88 0 obj<>stream /MediaBox [0 0 612 792] 2018 to May 6, 2021. /Annots [] Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit What impact will it have on third-parties and employees? 39. /Resources 137 0 R /Contents [198 0 R 199 0 R 200 0 R] /CropBox [0 0 612 792] /CropBox [0 0 612 792] >> endobj /Contents [318 0 R 319 0 R 320 0 R] /Contents [186 0 R 187 0 R 188 0 R] endobj H*23430P AsKN$r{(s endobj - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. /MediaBox [0 0 612 792] /Parent 9 0 R endobj /Annots [] 60. _______/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. 6. ( /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> << ( 59 0 obj /Parent 9 0 R endobj A .gov website belongs to an official government organization in the United States. /Annots [] /Parent 7 0 R << ( /Resources 249 0 R C. Reduction in Competition As a Consequence of the Acquisition. ( Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. "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. /Rotate 0 /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] <<14CA263718F8354CB34DA495C0495A29>]>> 44. /Type /Page << 21-81099-CIV-CANNON/Reinhart . 31 0 obj The Corps' environmental analysis for this project is based on the same assumptions and /Rotate 0 endobj 58 0 obj _l {:\! /Resources 389 0 R /CropBox [0 0 612 792] ( endobj 47. 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. >> MSW has physical characteristics that readily distinguish it from other liquid or solid waste. /Annots [] endobj 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. /Annots [] 9. /Annots [] /MediaBox [0 0 612 792] /Parent 8 0 R >> endobj << /MediaBox [0 0 612 792] /Contents [258 0 R 259 0 R 260 0 R] 16 0 obj /Rotate 0 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. /Resources 289 0 R 48 0 obj The City changed its name from "New >> /Contents [202 0 R 203 0 R 204 0 R] ( endobj /Contents [238 0 R 239 0 R 240 0 R] Republic is engaged in providing waste collection and disposal services throughout the United States. /Type /Page /MediaBox [0 0 612 792] 0000001275 00000 n %PDF-1.3 % 4. This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. Secure .gov websites use HTTPS Firms that compete in the disposal of MSW generated in the Anderson, IN or New York City, NY areas can profitably increase their charges for disposal of MSW generated in each area without losing significant sales to more distant disposal sites. prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. /Type /Page Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. /CropBox [0 0 612 792] 37. endobj A temporary injunction is sought to stop a party from engaging in certain conduct or to require a party to engage in certain conduct until a final decision may be made concerning the merits of the dispute. After the acquisition, Republic would control about 40 percent--and three firms over 75 percent--of the small container commercial waste hauling market, which has annual revenues of about $18 million. /Resources 197 0 R /Parent 11 0 R ( /Resources 237 0 R >> /Parent 14 0 R /Rotate 0 /MediaBox [0 0 612 792] >> endobj /Annots [] /MediaBox [0 0 612 792] /Count 10 /Annots [] endobj 3. 9 0 obj /Resources 321 0 R 0000001149 00000 n 79 0 obj xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. endobj On August 20, . /Parent 14 0 R << /Resources 129 0 R /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] SOUTHERN DISTRICT OF FLORIDA . << /Parent 14 0 R /Kids [7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R] /MediaBox [0 0 612 792] /Kids [55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R 63 0 R 64 0 R] This is a civil action brought by the United States of America to enjoin defendant . << /Parent 11 0 R .+p>hPhb4yiK=c`/XOv@|fe`iY /MediaBox [0 0 612 792] /Resources 177 0 R /CropBox [0 0 612 792] /Annots [] 17 0 obj /Type /Page 1 0 obj /Resources 125 0 R >> /Count 10 endobj /Parent 10 0 R /CropBox [0 0 612 792] In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. 54. 16. endobj /Resources 225 0 R %%EOF 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. 52. /CropBox [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 . There may be disclosure of confidential information such as trade secrets. 43. /Resources 345 0 R /Rotate 0 The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. 35. /Resources 229 0 R endobj On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). 51. 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. /MediaBox [0 0 612 792] >> /CropBox [0 0 612 792] >> /Rotate 0 /Resources 221 0 R /Contents [278 0 R 279 0 R 280 0 R] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Contents [142 0 R 143 0 R 144 0 R] << /Rotate 0 /Parent 8 0 R 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. /Rotate 0 /Parent 10 0 R Therefore, you should ask yourself these questions before proceeding: So, you answered the questions above, and you consider this to be the best approach to resolving your matter. %PDF-1.3 % /Rotate 0 /MediaBox [0 0 612 792] /Count 10 /Resources 341 0 R 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. << /Type /Pages endobj The Anderson, IN and New York City, NY areas are therefore sections of the country, or relevant geographic markets, for purposes of analyzing the competitive effects of the acquisition under Section 7 of the Clayton Act. 21. 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. >> /Type /Page /Rotate 0 /MediaBox [0 0 612 792] 4. Because of its characteristics (e.g. Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? >> 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.