endobj /CropBox [0 0 612 792] /Annots [] endobj /Resources 221 0 R /Rotate 0 >> /Type /Catalog PDF Complaint for Injunctive and Other Equitable Relief endobj xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC /CropBox [0 0 612 792] endobj /Type /Page 0000001187 00000 n /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Annots [] >> /Parent 8 0 R << 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. 87 0 obj /Annots [] /CropBox [0 0 612 792] << << 94 0 obj Allied and Republic directly compete in small container commercial waste collection service in a number of markets nationwide, including the areas of: 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. >> /CropBox [0 0 612 792] /CropBox [0 0 612 792] /CropBox [0 0 612 792] 7. In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. << >> endobj ( >> /Resources 117 0 R /Parent 7 0 R "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. endobj /Type /Page /Type /Page JURISDICTION AND VENUE 1. stores and restaurants). >> 25 0 obj 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. Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for 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. /Rotate 0 << endobj >> Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. 30 0 obj /Resources 365 0 R endstream /Parent 7 0 R /Annots [] /Parent 9 0 R 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. << /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] Is the injunction prohibitory or mandatory? 34. /Contents [326 0 R 327 0 R 328 0 R] >> "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. /Parent 12 0 R 43 0 obj 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. WEST PALM BEACH DIVISION . /Resources 121 0 R 90 0 obj /Annots [] /Rotate 0 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 . << endobj /Contents [310 0 R 311 0 R 312 0 R] 25. /Parent 4 0 R 22408. /Annots [] 25 0 obj <> endobj << /Parent 4 0 R 69 0 obj /Annots [] >> >> /MediaBox [0 0 612 792] 76 0 obj <> endobj /Rotate 0 trailer ( /Type /Page 31. >> << /Annots [] Republic is engaged in providing waste collection and disposal services throughout the United States. This action is brought to xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 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. /Annots [] "0A149;>>>%.DIC; C Often businesses do not consider the implications for taking this action. 66 0 obj The City changed its name from "New /MediaBox [0 0 612 792] Pursuant to the purchase agreements, Allied would acquire from Superior: hauling assets in Albany, New York; hauling assets in Augusta, Georgia; hauling assets in Memphis, Nashville and Clarksville, Tennessee; disposal assets in New York, New York; hauling assets in Norfolk, Virginia; and hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida. /CropBox [0 0 612 792] stream Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /Type /Page 34 0 obj The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. ]\q( $QSRP@=8`) $CC16 PI_ XL PDF Motion for Summary Judgment - Liberty Counsel /CropBox [0 0 612 792] /Parent 11 0 R /Resources 373 0 R Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. << 50 0 obj 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. /S /D /Parent 14 0 R /CreationDate (D:20220824140929-04'00') 32 0 obj <<14CA263718F8354CB34DA495C0495A29>]>> << /Parent 12 0 R <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> provide relief to all the individuals affected by APD's action. /MediaBox [0 0 612 792] << "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. /Resources 225 0 R >> endobj 17 0 obj PDF In the Supreme Court of Florida Case No.: Sc11- Third District Case No /Resources 205 0 R /Rotate 0 Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. 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. 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . 23 0 obj <> endobj 28 0 obj <>/Filter/FlateDecode/ID[<2A277BAC2070266E6BF2C2060AD46B2B>]/Index[23 11]/Info 22 0 R/Length 49/Prev 24323/Root 24 0 R/Size 34/Type/XRef/W[1 2 1]>>stream 0000001994 00000 n /Resources 345 0 R ( << >> /CropBox [0 0 612 792] /Type /Page endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream 0000001852 00000 n /Type /Page >> << VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. /Contents [214 0 R 215 0 R 216 0 R] 47 0 obj 0000002235 00000 n PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief << PDF Verified Complaint for Damages and Injunctive Relief 2 0 obj Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. However, temporary injunctive relief may be granted without the posting of a bond in the following situations: 1) injunctions entered "on the pleading of a municipality or the state or any officer, agency, or political subdivision thereof"; or 2) injunctions "issued solely to prevent physical injury or abuse of a natural person." /Contents [334 0 R 335 0 R 336 0 R] /Annots [] << Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. /Resources 289 0 R /Rotate 0 /Type /Page Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. Plaintiff complains and alleges as follows: 1. 69. %PDF-1.5 /Contents [182 0 R 183 0 R 184 0 R] /Resources 161 0 R 29 0 obj /Contents [150 0 R 151 0 R 152 0 R] "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. /Count 10 /Type /Page /Parent 10 0 R /CropBox [0 0 612 792] /Rotate 0 Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. /MediaBox [0 0 612 792] 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. 21 0 obj << /Type /Page COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . 22. /Type /Page 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. The United States Army Corps of Engineers ("Corps" or "Army Corps") has unlawfully approved a massive dredging project for Port Everglades in Fort Lauderdale, Florida. endobj endobj This document is available in two formats: this web page (for browsing content) and. 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. 3. << /Type /Page Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. >> /Rotate 0 0000000879 00000 n /Type /Page /CropBox [0 0 612 792] /Contents [94 0 R 95 0 R 96 0 R] PDF Complaint for Permanent Injunction and Other Equitable Relief PDF Complaint for Injunctive Relief Representatives /MediaBox [0 0 612 792] stream 26. >> 59 0 obj ( /Resources 353 0 R /Rotate 0 /Contents [162 0 R 163 0 R 164 0 R] /Type /Page /CropBox [0 0 612 792] /Resources 101 0 R 11. /Rotate 0 /Parent 11 0 R /Resources 237 0 R >> 23. /CropBox [0 0 612 792] /Contents [154 0 R 155 0 R 156 0 R] /Parent 10 0 R This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. >> Haulers, therefore, generally establish garages and related facilities within each major local area served. Professional Services Industry Legal Blog>. 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. >> << /Annots [] 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. D. P. et al., . This is an action for permanent injunctive relief, declaratory relief, and /Type /Page <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> >> 21-81099-CIV-CANNON/Reinhart . 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. /Type /Page /CropBox [0 0 612 792] endobj /Rotate 0 /Parent 14 0 R /Length 3282 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. << /Resources 213 0 R /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] /Type /Page startxref %PDF-1.6 /Parent 7 0 R /CropBox [0 0 612 792] << /Resources 313 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-1.5 % endobj /Contents [242 0 R 243 0 R 244 0 R] /Parent 14 0 R 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. 33. /Resources 169 0 R /Rotate 0 1391(c). /Annots [] 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. /Annots [] endobj /Type /Page 24. /Contents [250 0 R 251 0 R 252 0 R] /Type /Page Anderson, IN and New York City, NY are two such areas. 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. << 27 0 obj /MediaBox [0 0 612 792] /Resources 241 0 R /Contents [106 0 R 107 0 R 108 0 R] In their waste collection and waste disposal businesses, defendants make sales and purchases in interstate commerce, ship waste in the flow of interstate commerce, and engage in activities substantially affecting interstate commerce. ? /Annots [] /CropBox [0 0 612 792] /Parent 8 0 R endobj /Annots [] /Contents [402 0 R 403 0 R 404 0 R] /Resources 185 0 R /MediaBox [0 0 612 792] /Contents [194 0 R 195 0 R 196 0 R] /Type /Pages /Rotate 0 /Type /Page /Annots [] xref 0000003946 00000 n >> 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). >> 19 0 obj "New York City, NY area" means the Borough of Brooklyn, New York. 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. Section 13(b) of the FTC Act, 15 U.S.C. 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.
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