Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. 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. /Parent 14 0 R (ECF No. /Subtype /XML << /Contents [170 0 R 171 0 R 172 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. /Parent 4 0 R /Annots [] Temporary Injunction - Florida Litigation Guide /Annots [] 60 0 obj /Contents [350 0 R 351 0 R 352 0 R] << Share sensitive information only on official, secure websites. 0000003645 00000 n 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. /MediaBox [0 0 612 792] endobj >> /CropBox [0 0 612 792] 85 0 obj The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. << /Contents [326 0 R 327 0 R 328 0 R] >> 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. /Contents [382 0 R 383 0 R 384 0 R] /MediaBox [0 0 612 792] << 5 0 obj 67 0 obj /Contents [262 0 R 263 0 R 264 0 R] /MediaBox [0 0 612 792] /Parent 12 0 R 75 0 obj /Resources 101 0 R /Resources 361 0 R ( /Resources 217 0 R 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. /Parent 9 0 R /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] /Contents [222 0 R 223 0 R 224 0 R] 6. 11 0 obj /MediaBox [0 0 612 792] A .gov website belongs to an official government organization in the United States. endobj /Contents [198 0 R 199 0 R 200 0 R] /MediaBox [0 0 612 792] 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. /CropBox [0 0 612 792] competition generally in small container commercial waste collection service 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 will be lessened substantially; actual and potential competition between Allied and Republic in small container commercial waste collection service 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 will be eliminated; prices charged by 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 area markets will likely increase; competition generally in disposal of MSW in the Anderson, IN and New York City, NY area markets will be lessened substantially; actual and potential competition between Allied and Republic in disposal of MSW in the Anderson, IN and New York City, NY area markets will be eliminated; prices for disposal of MSW in the Anderson, IN and New York City, NY area markets likely will increase; competition generally in roll-off waste collection service in the Macon, GA area market will be lessened substantially; actual and potential competition between Allied and Republic in roll- off waste collection service in the Macon, GA area market will be eliminated; and. /Resources 153 0 R 24 0 obj /Resources 229 0 R /Resources 177 0 R On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). /Rotate 0 ( 72 0 obj /Parent 14 0 R Republic is engaged in providing waste collection and disposal services throughout the United States. 22 0 obj endobj endobj 7 0 obj This is an action for injunctive relief. /Annots [] /MediaBox [0 0 612 792] ( Omega SA v. The Individuals, Business Entities, and Unincorporated >> /Rotate 0 PDF Complaint for injunction and declaratory relief /Resources 341 0 R /Annots [] /Contents [294 0 R 295 0 R 296 0 R] /Contents [106 0 R 107 0 R 108 0 R] Complaint for Injunctive Relief . >> /CropBox [0 0 612 792] /Type /Page /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Rotate 0 ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. /Type /Page /Parent 8 0 R /Rotate 0 /Parent 11 0 R hb```"FN%n010pKsg``Z ^^@Y"bL38/4F `} endstream endobj 24 0 obj <> endobj 25 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 26 0 obj <>stream << /CropBox [0 0 612 792] That plaintiff recover the costs of this action. /Annots [] : 01-42230-BKC-AJC . 47. The Anderson, IN and New York City, NY areas are therefore sections of the country, or relevant geographic markets, for purposes of analyzing the competitive effects of the acquisition under Section 7 of the Clayton Act. xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC << endobj /Rotate 0 Plaintiff, Florida Carry, is a Florida Not-For-Profit Corporation with a principal place of business located at 1090 Wild Holly Drive, Port Orange, Florida, 32129. _l {:\! /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 28 0 obj Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. /Contents [354 0 R 355 0 R 356 0 R] >> /CropBox [0 0 612 792] After the acquisition, Allied would be a monopolist controlling over 98 percent of the small container Commercial waste hauling market, which has annual revenues of about $5 million. Rather, its about dealing with the future, not something that happened in the past. This is an action for permanent injunctive relief, declaratory relief, and /Contents [318 0 R 319 0 R 320 0 R] /MediaBox [0 0 612 792] 69. /Type /Page endobj /CropBox [0 0 612 792] This Court has supplemental jurisdiction over the State of Florida's state claims pursuant to COMPLAINT -3-q;;m: @ii$$1$$ &JIIJAI JKQI !.1 i&%iiM tv . /MediaBox [0 0 612 792] Often businesses do not consider the implications for taking this action. endobj 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. This is a must-watch video before you consider whether to sue for injunction. The global coronavirus pandemic threatens to disrupt the Presidential >> >> 61. In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. /Contents [378 0 R 379 0 R 380 0 R] 21 0 obj /Rotate 0 1 0 obj >> /MediaBox [0 0 612 792] "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. 59. /MediaBox [0 0 612 792] Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. 10941 and Laws of Florida, Ch. /MediaBox [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). >> /Type /Page >> 48 0 obj /Contents [338 0 R 339 0 R 340 0 R] /Annots [] /Type /Page IV. 46. MSW does not include special handling waste (e.g., waste from manufacturing processes, regulated medical waste, sewage, and sludge), hazardous waste, or waste generated by construction or demolition sites. 22408. /CropBox [0 0 612 792] 66. /Annots [] "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. /ModDate (D:20220824143048-04'00') 0000006259 00000 n << /MediaBox [0 0 612 792] >> D. P. et al., . SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. /Type /Page /MediaBox [0 0 612 792] endobj endobj 48. endobj Z( /Rotate 0 ( Deciding Whether to Sue for Injunction, and What is the Process to /Resources 269 0 R /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 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. /MediaBox [0 0 612 792] 2320 14 /CropBox [0 0 612 792] "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. << 63 0 obj 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. After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. 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. 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. ( /Resources 257 0 R In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. /Annots [] ( 62 0 obj << /Annots [] 0000001373 00000 n << 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. 45. 44. On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. /Rotate 0 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. /Count 10 /Type /Page /Annots [] /Rotate 0 stream /Rotate 0 51 0 obj /Parent 9 0 R ( PDF United States District Court Middle District of Florida Tampa Division Official websites use .gov /Count 10 That defendants be permanently enjoined from carrying out the acquisitions of those assets in the separate purchase agreements dated July 28 and October 7, 1999, or from entering into or carrying out any agreement, understanding or plan, the effect of which would be to exchange those assets between the defendants; 3. /Type /Page Complaint for Emergency Injunctive Relief in Florida Primary 28. Plaintiff filed this action against defendant for breaching a non-competition agreement. 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. << 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. /MediaBox [0 0 612 792] Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. Accordingly, injunctive relief ordering the extension of vote-by-mail options and other accommodations at polling places is necessary to protect the fundamental right to vote. << << /Resources 145 0 R /Type /Page /Resources 109 0 R 0 64. << /Type /Page 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. /Contents [402 0 R 403 0 R 404 0 R] /Annots [] PDF Complaint for Permanent Injunction and Other Equitable Relief INTRODUCTION . did not involve a claim for declaratory relief. PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General /MediaBox [0 0 612 792] /Rotate 0 /CropBox [0 0 612 792] However, the incumbents' use of price discrimination and long-term contracts prevents new entrants from winning a large enough base of customers to achieve efficient routes in sufficient time to constrain the post-acquisition firm from significantly raising prices after the transaction. 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). /Annots [] Secure .gov websites use HTTPS 40 0 obj 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. /CropBox [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. >> /Rotate 0 In this presentation, Jimerson Birr AssociateAustin B. Calhouncovers Florida law on injunctive relief as a remedy, the process for seeking and obtaining injunctive relief through the judicial system, pre-litigation considerations, and enforcement of an injunction order once entered. The United States is entitled to injunctive relief under 26 U.S.C. /Annots [] 0000001641 00000 n >> /MediaBox [0 0 612 792] Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing /Type /Page Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. /Rotate 0 endobj As such, following the process to the tee will help improve your chances for success. << /Resources 365 0 R In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. %PDF-1.3 % /Type /Page /Resources 345 0 R /Parent 8 0 R 31 0 obj >> 91 0 obj /Parent 11 0 R Suitable landfills are difficult and time-consuming to obtain, and sometimes difficult to expand, because of the scarcity of suitable land, local resident opposition, environmental concerns, and government regulation. /Parent 12 0 R prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. Unless the twelve acquisitions are enjoined, consumers of waste collection and disposal services will likely pay higher prices and receive fewer services as a consequence of the elimination of the vigorous competition between defendants Allied and Republic. endobj /Resources 121 0 R 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. 47 0 obj /CropBox [0 0 612 792] /Annots [] In the United States District Court for The Southern District of New York << Rather, these are some additional factors to consider while determining the feasibility of this action: Will the court be able to enforce the injunction, or will it require intensive court supervision? 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. /Resources 329 0 R 78 0 obj /Parent 12 0 R