/Rotate 0 endobj /Annots [] ( /Type /Page /Contents [374 0 R 375 0 R 376 0 R] /Annots [] /CropBox [0 0 612 792] 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. /Parent 7 0 R >> /Contents [178 0 R 179 0 R 180 0 R] << 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. /Length 10 /MediaBox [0 0 612 792] /CropBox [0 0 612 792] << /Resources 313 0 R /Annots [] >> 45 0 obj /MediaBox [0 0 612 792] Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? 57. /Contents [110 0 R 111 0 R 112 0 R] 54 0 obj << /MediaBox [0 0 612 792] 1. /Resources 361 0 R Therefore, it should not be a decision made lightly. /Annots [] ( 79 0 obj endobj /Contents [342 0 R 343 0 R 344 0 R] /Contents [146 0 R 147 0 R 148 0 R] /Type /Page /S /D /Rotate 0 The City changed its name from "New 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. ( Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. 3. /Count 10 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. /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] In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. << 21. /Annots [] /Rotate 0 67. /MediaBox [0 0 612 792] 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. /Annots [] %%EOF /MediaBox [0 0 612 792] /Rotate 0 Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. /Parent 11 0 R In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. 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. /Parent 13 0 R Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream /Nums [0 6 0 R] JFIF C 6. This is an action for injunctive and declaratory relief, costs, damages, attorney's fees, penalties, and other available statutory relief, pursuant to the Florida Deceptive and Unfair . /Contents [202 0 R 203 0 R 204 0 R] /Rotate 0 /Parent 7 0 R 78 0 obj /Annots [] >> /CropBox [0 0 612 792] 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. endobj In the Macon, GA area, the proposed acquisitions would result in Republic controlling more than 60 percent of the roll-off waste collection market at the same time it owns the two primary disposal options which any roll-off competitor would most likely use. ( /Rotate 0 "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. /Type /Page INTRODUCTION . 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. /CropBox [0 0 612 792] >> endobj endobj /MediaBox [0 0 612 792] << 0000000556 00000 n The global coronavirus pandemic threatens to disrupt the Presidential 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. /Contents [302 0 R 303 0 R 304 0 R] 61. IV. 23. /Parent 4 0 R /Parent 8 0 R and Florida Statute 86.011, et seq. 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. 69 0 obj 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. /Resources 357 0 R /MediaBox [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. /CropBox [0 0 612 792] /CropBox [0 0 612 792] /CropBox [0 0 612 792] ( << 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. 17 0 obj /Resources 397 0 R /MediaBox [0 0 612 792] /Contents [362 0 R 363 0 R 364 0 R] 95 0 obj ( "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. << << Alexdex. /Type /Page 87 0 obj 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. %%EOF The acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste in the Louisville, KY/Sellersburg, IN area. >> /Parent 12 0 R ( /Annots [] %%EOF In the Lakeland, FL area, the acquisition would reduce from two to one the number of significant competitors in the collection of small container commercial waste. endobj >> ( 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 43 0 obj >> Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . /Annots [] /Rotate 0 << endobj << ( /CropBox [0 0 612 792] It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. %PDF-1.5 >> << 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. WEST PALM BEACH DIVISION . Charles B. Jimerson >> /Parent 4 0 R >> endobj >> /Resources 393 0 R startxref /Resources 389 0 R 23 0 obj 49 0 obj 89 0 obj /MediaBox [0 0 612 792] >> /CropBox [0 0 612 792] /Parent 14 0 R "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. /Annots [] The acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste in the Monmouth County, NJ area. 11. << 45], filed on August 192021, . 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. /Contents [294 0 R 295 0 R 296 0 R] /Rotate 0 /Annots [] 25. /Filter /FlateDecode /MediaBox [0 0 612 792] 12. /Parent 13 0 R /Contents [406 0 R 407 0 R 408 0 R] /Contents [170 0 R 171 0 R 172 0 R] /Annots [] /MediaBox [0 0 612 792] << /Annots [] endobj /Type /Page This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. /Resources 349 0 R /Annots [] 18. Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. . endobj /Annots [] /Parent 10 0 R /Parent 12 0 R /Parent 11 0 R <>>> >> 7.) /Type /Page /CropBox [0 0 612 792] 0000001469 00000 n /Rotate 0 /Contents [378 0 R 379 0 R 380 0 R] _l {:\! << 4. >> 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. /Contents [370 0 R 371 0 R 372 0 R] /Parent 8 0 R /Contents [222 0 R 223 0 R 224 0 R] /Type /Page APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . /Rotate 0 << /Count 10 Because of its characteristics (e.g. For a variety of reasons, other types of collection activities, such as roll-off containers (typically used for construction debris) and collection of liquid or hazardous waste, are also rarely combined with commercial waste collection activities. 7. << ( /CropBox [0 0 612 792] Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. 13 0 obj >> /Count 79 3601, et seq. 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. /MediaBox [0 0 612 792] << >> /Resources 113 0 R 64. /Type /Pages /Contents [242 0 R 243 0 R 244 0 R] the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes ("FDUTPA"), which authorizes the State of Florida to seek, and the Court to order, permanent injunctive relief, recission or reformation of contracts, consumer restitution, the refund of monies 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. /CropBox [0 0 612 792] /Resources 217 0 R This document is available in two formats: this web page (for browsing content) and. 12 0 obj /Rotate 0 /Annots [] /Parent 9 0 R /Type /Pages 33. 26 0 obj << Professional Services Industry Legal Blog>. >> /Contents [158 0 R 159 0 R 160 0 R] /Type /Page 56. In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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. The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. /Rotate 0 /Annots [] << /Rotate 0 /CropBox [0 0 612 792] /Contents [354 0 R 355 0 R 356 0 R] 68 0 obj >> xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. /Parent 10 0 R /Type /Metadata Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . /MediaBox [0 0 612 792] /Rotate 0 >> Suing for an injunction in Florida is all about preserving the status quo. /CropBox [0 0 612 792] 20. 16 0 obj /Parent 9 0 R /Parent 10 0 R /Resources 385 0 R /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] /Resources 277 0 R /Contents [338 0 R 339 0 R 340 0 R] endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream ( 42 0 obj 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. _______/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. An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. /Rotate 0 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. /Parent 12 0 R /MediaBox [0 0 612 792] endobj /Contents [122 0 R 123 0 R 124 0 R] /Type /Page /Type /Page 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. >> << /MediaBox [0 0 612 792] 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. /Annots [] << /Type /Page 32. xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. /Parent 7 0 R 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. IV. /Contents [98 0 R 99 0 R 100 0 R] 59 0 obj /CropBox [0 0 612 792] In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. 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. 0000003135 00000 n /MediaBox [0 0 612 792] Does the injunction provide broad or limited relief? /CropBox [0 0 612 792] /Annots [] The customer's MSW is stored in much smaller containers (e.g., garbage bags or trash cans) and instead of FEL trucks, waste collection firms routinely use REL or side-load trucks, manned by larger crews (usually, two-or three-person teams). 13. The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. /Resources 197 0 R >> 47 0 obj /CropBox [0 0 612 792] << >> /Resources 269 0 R After the acquisition, Allied would control roughly 30 percent--and two firms about 66 percent--of the New York City, NY area MSW disposal market, which has annual revenues of about $40 million. /Parent 11 0 R .+p>hPhb4yiK=c`/XOv@|fe`iY /CropBox [0 0 612 792] 72 0 obj 1 0 obj Defendant is defined as a "Public Accommodation" within meaning of Title III /Type /Page << 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). ("MFS"), is a Florida corporation that has a principal place of . endobj /Resources 169 0 R 93 0 obj Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit Although, where available, MSW can be transported to distant landfills through transfer stations using large transfer trailer trucks, the use of transfer stations adds fixed transportation and processing costs. Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. After the acquisition, Republic would control over 50 percent--and two firms about 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $22 million. On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). /MediaBox [0 0 612 792] /Type /Page /CropBox [0 0 612 792] >> ( "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. << << /MediaBox [0 0 612 792] hbbd`b`rfb`gb` # /Contents [386 0 R 387 0 R 388 0 R] /Annots [] 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. << /Rotate 0 30 0 obj /Rotate 0 /Resources 241 0 R 3 0 obj /Type /Page ( endobj /Type /Page 35. 26. To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. /Annots [] U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. /CropBox [0 0 612 792] /Type /Page /CropBox [0 0 612 792] /Annots [] endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream 12. Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing /Count 10 /Resources 149 0 R /Resources 157 0 R /Contents [174 0 R 175 0 R 176 0 R] /MediaBox [0 0 612 792] Rather, its about dealing with the future, not something that happened in the past. 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. /CropBox [0 0 612 792] "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. /CropBox [0 0 612 792] >> /Contents [186 0 R 187 0 R 188 0 R] 53. << 24. /CropBox [0 0 612 792] SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. /Rotate 0 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. 0 /Parent 8 0 R /MediaBox [0 0 612 792] << 6th Street Ft. Lauderdale, FL 33301 Defendants. << "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. ( 2201 a nd 2202. /Annots [] /Resources 353 0 R /Contents [246 0 R 247 0 R 248 0 R] JURISDICTION AND VENUE 13. /Annots [] endobj 18. /Parent 13 0 R /Rotate 0 4. /MediaBox [0 0 612 792] This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. << >> "Lakeland, FL area" means Polk County, Florida. /Type /Page /Type /Page 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. /Contents [298 0 R 299 0 R 300 0 R] Is the injunction prohibitory or mandatory? /CropBox [0 0 612 792] << Allied is the nation's second largest waste hauling and disposal company. << /Contents [326 0 R 327 0 R 328 0 R] A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. /Resources 317 0 R 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. << endobj << /Length 3282 /CropBox [0 0 612 792] endobj << >> ( /MediaBox [0 0 612 792] /Resources 285 0 R The acquisitions by Allied and Republic would remove a significant competitor in small container commercial waste collection service, roll-off waste collection service, and/or the disposal of MSW, in already highly concentrated and difficult-to-enter markets. 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). 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. /Type /Page endobj /MediaBox [0 0 612 792] << 55 0 obj 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. On August 20, . /Rotate 0 /Type /Page 22 0 obj 86 0 obj /Parent 10 0 R /MediaBox [0 0 612 792] . clearly appears from specific facts shown by affidavit or by verified complaint that immediate or ( endobj ( ( /Rotate 0 10. << /Rotate 0 1391, . endobj /Rotate 0 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. << 2322 0 obj<>stream /Type /Page << /Parent 11 0 R >> >> >> /CropBox [0 0 612 792] endobj /Parent 12 0 R /MediaBox [0 0 612 792] << /Parent 13 0 R /Resources 177 0 R << /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] 0000000592 00000 n endobj 2. << 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. 6. Page 3 of 15 7. /Parent 14 0 R endobj That plaintiff recover the costs of this action. /Type /Page << 32 0 obj /MediaBox [0 0 612 792] After the acquisition, Allied would control over 40 percent--and two firms would control over 80 percent--of the small container commercial waste hauling market, which has annual revenues of about $8 million. /Parent 11 0 R /CropBox [0 0 612 792] /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] 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. << endobj /Parent 12 0 R