The President of the United States and the Governor of Florida have each declared a state of emergency. 22 and 28 U.S.C. 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. /Resources 257 0 R 62. /Contents [142 0 R 143 0 R 144 0 R] The extension ofvote-by-mail options and other accommodations at polling places is necessary. These differences mean that roll-off waste collection firms can profitably increase their charges for roll-off waste collection services without losing significant sales or revenues to firms engaged in the provision of other types of waste collection services. ( endobj /Rotate 0 /MediaBox [0 0 612 792] >> This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. /CropBox [0 0 612 792] 0000000879 00000 n
>> endobj >> /Contents [198 0 R 199 0 R 200 0 R] 0000001994 00000 n
>> /Contents [322 0 R 323 0 R 324 0 R] /Contents [114 0 R 115 0 R 116 0 R] << 46 0 obj GsYzQh50ee' /Type /Page /Count 10 endobj endobj After the acquisition, Allied would control over 40 percent and two firms would control over 65 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. >> 2 0 obj /Contents [162 0 R 163 0 R 164 0 R] /Resources 169 0 R >> /Type /Page >> /Rotate 0 $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. /Rotate 0 << APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . 4 0 obj
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. endobj << /Annots [] /Contents [154 0 R 155 0 R 156 0 R] 24 0 obj /Contents [102 0 R 103 0 R 104 0 R] /Type /Pages /Type /Pages << /CropBox [0 0 612 792] Is there any vagueness, or is everything extremely clear? 45. Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /Type /Page /CropBox [0 0 612 792] >> 1391(c). endobj << << /Parent 13 0 R >> 10 0 obj /CropBox [0 0 612 792] /Annots [] /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] Copyright 2008-2023 Jimerson Birr, P.A. MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? 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 $5 million. 61 0 obj /Resources 301 0 R x+ |
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/PageLabels 3 0 R 6 0 obj /Annots [] Small container commercial service vehicles routinely employ compaction systems on the truck to increase storage capacity, and can empty numerous small containers located on a scheduled route before being driven to a disposal site. >> In exchange, pursuant to other agreements, Republic would acquire from Allied: disposal assets in Anderson, Indiana; hauling assets in Columbus, Ohio; hauling assets in Lakeland, Florida; hauling assets in Louisville, Kentucky and Sellersburg, Indiana; hauling and disposal assets in Macon, Georgia; and hauling assets in Monmouth, Burlington and Camden counties, New Jersey. >> /Resources 225 0 R /Type /Page 0000006750 00000 n
h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< /Rotate 0 endobj endobj << If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050. /Rotate 0 >> xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC 35. endobj endobj >> /Rotate 0 /Rotate 0 endobj /Rotate 0 /Annots [] 43 0 obj /CropBox [0 0 612 792] /Contents [214 0 R 215 0 R 216 0 R] /MediaBox [0 0 612 792] 10941 and Laws of Florida, Ch. /Nums [0 6 0 R] ( /Contents [254 0 R 255 0 R 256 0 R] /Type /Page /Contents [398 0 R 399 0 R 400 0 R] Significant new entry into small container commercial waste collection service is difficult and time-consuming in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA areas. /MediaBox [0 0 612 792] 2320 0 obj<>
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/Resources 377 0 R /Parent 10 0 R /Resources 117 0 R 12. /CropBox [0 0 612 792] 56. /CropBox [0 0 612 792] "Small container commercial waste collection service" means the business of collecting MSW from commercial and industrial accounts, usually in "dumpsters" (i.e., a small container with one to ten cubic yards of storage capacity), and transporting or "hauling" such waste to a disposal site by use of a front-or rear-end loader truck. ("MFS"), is a Florida corporation that has a principal place of . /Type /Catalog Managing Partner /Resources 253 0 R /Rotate 0 Professional Services Industry Legal Blog>. /Parent 14 0 R /Length 10 /MediaBox [0 0 612 792]
#%$""!&+7/&)4)! Due to the high costs of transporting MSW, and the substantial travel time to other disposal facilities based on distance, natural barriers, and congested roadways, haulers of MSW from the Anderson, IN and New York City, NY areas, respectively, are limited to transfer station disposal sites located in each of their local areas. >> 0000001641 00000 n
>> ( >> 46. /Annots [] /Annots [] (ECF No. Plaintiff complains and alleges as follows: 1. 1. /Parent 8 0 R endobj 69. /Type /Page 4 0 obj The length of the presentation is 46:09. /Author (JacqmeinV) /Annots [] /Rotate 0 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. /Parent 4 0 R %PDF-1.4
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/Type /Page /MediaBox [0 0 612 792] /Type /Page /MediaBox [0 0 612 792] 59 0 obj endobj 18. << For a number of reasons, landfills may not be located close to where the waste is generated. >> /CropBox [0 0 612 792] This is a must-watch video before you consider whether to sue for injunction. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. 49. did not involve a claim for declaratory relief. << not << After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. This form is a Complaint for Injunctive Relief and Damages. /Parent 11 0 R /Parent 10 0 R /Resources 401 0 R 5.) Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. << /Parent 7 0 R /Contents [242 0 R 243 0 R 244 0 R] 12. << endobj 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. /MediaBox [0 0 612 792] 2. >> /Parent 9 0 R 7. >> /Rotate 0 /Annots [] 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. /CropBox [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. endobj advance, Plaintiffs seek immediate declaratory and injunctive relief that directs Defendants to permit a designated representative of each affected candidate and political party into the recount room, as Florida law requires. /Contents [186 0 R 187 0 R 188 0 R] /CropBox [0 0 612 792] /Resources 205 0 R 15. /Type /Page << /CropBox [0 0 612 792] /Parent 8 0 R /MediaBox [0 0 612 792] 17 0 obj /MediaBox [0 0 612 792] >> Preference Primary election in Florida. The City changed its name from "New /Rotate 0 4. /Contents [170 0 R 171 0 R 172 0 R] /Resources 357 0 R /Metadata 2 0 R << /Rotate 0 REPUBLIC SERVICES, INC., 110 S.E. For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. /Annots [] /Type /Page 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. endobj << >> /Type /Page 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. endobj /MediaBox [0 0 612 792] 18 0 obj /Resources 293 0 R 48. 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. /Parent 8 0 R /CropBox [0 0 612 792] 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. /Annots [] 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. /Count 10 >> "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. /Annots [] /CropBox [0 0 612 792] /Parent 9 0 R 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. /Resources 217 0 R ( 64. /Contents [294 0 R 295 0 R 296 0 R] /Type /Page /CropBox [0 0 612 792] endobj /Parent 9 0 R Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . hb```"FN%n010pKsg``Z ^^@Y"bL38/4F `}
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/Parent 9 0 R /Rotate 0 /Contents [302 0 R 303 0 R 304 0 R] 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.