/Type /Page << /Resources 361 0 R >> /Parent 10 0 R /Parent 10 0 R SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. /Resources 393 0 R The United States of America, acting under the direction of the Attorney General of the United States, brings this civil antitrust action to enjoin the acquisition of certain waste hauling and disposal assets by Defendants Allied Waste Industries, Inc. ("Allied") and Republic Services, Inc. ("Republic") and to obtain equitable relief and other relief as appropriate. 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 /Type /Page 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. Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. 88 0 obj >> /Rotate 0 36 0 obj Charles B. Jimerson A new entrant into small container commercial waste collection service cannot provide a significant competitive constraint on the prices charged by market incumbents until it achieves minimum efficient scale and operating efficiencies comparable to existing firms. Does the injunction provide broad or limited relief? Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. 2322 0 obj<>stream >> /Resources 257 0 R /Parent 7 0 R 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 Preference Primary election in Florida. 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. >> 2320 14 In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. << /Contents [182 0 R 183 0 R 184 0 R] /Type /Page Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . The likely effect of these acquisitions is to substantially lessen competition and to tend to create a monopoly in interstate trade and commerce in violation of Section 7 of the Clayton Act. /Author (JacqmeinV) /Resources 185 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. /CropBox [0 0 612 792] 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. ( 8. did not involve a claim for declaratory relief. /CropBox [0 0 612 792] Share sensitive information only on official, secure websites. /Resources 225 0 R 68 0 obj 50 0 obj /Rotate 0 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . /CropBox [0 0 612 792] /Type /Pages /MediaBox [0 0 612 792] endobj /Annots [] 4 0 obj This is an action for permanent injunctive relief, declaratory relief, and "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. << endobj /Contents [210 0 R 211 0 R 212 0 R] /MediaBox [0 0 612 792] (ECF No. /Annots [] %%EOF /Rotate 0 ( /MediaBox [0 0 612 792] << 63 0 obj /CropBox [0 0 612 792] /Annots [] /Resources 221 0 R 64 0 obj An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. 14 0 obj 88 0 obj<>stream /Rotate 0 >> In this presentation, Jimerson Birr Associate Austin B. Calhoun covers 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. << /Annots [] 32 0 obj /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Count 79 /Annots [] /CropBox [0 0 612 792] /CropBox [0 0 612 792] >> /Rotate 0 >> /Contents [150 0 R 151 0 R 152 0 R] JURISDICTION AND VENUE 1. 77 0 obj 62. 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. /Rotate 0 51. /Rotate 0 38. 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. /Length 10 ? /Annots [] /MediaBox [0 0 612 792] endobj 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. 10. /Resources 137 0 R "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. << >> Allied is the nation's second largest waste hauling and disposal company. stream 26. Therefore, it should not be a decision made lightly. /Annots [] /Contents [194 0 R 195 0 R 196 0 R] Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. /MediaBox [0 0 612 792] /Parent 7 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] endobj << /MediaBox [0 0 612 792] /Annots [] /MediaBox [0 0 612 792] /Resources 149 0 R /Resources 105 0 R Rather, its about dealing with the future, not something that happened in the past. /Resources 229 0 R Therefore, its important to not consider it a tool for righting a wrong. That plaintiff recover the costs of this action. "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. /Contents [370 0 R 371 0 R 372 0 R] endobj 90 0 obj 0000006750 00000 n endobj /MediaBox [0 0 612 792] /Contents [122 0 R 123 0 R 124 0 R] >> /MediaBox [0 0 612 792] 3. ( >> >> 22 0 obj It is engaged in providing waste collection and disposal services throughout the United States. This action is brought to ( endobj 34 0 obj >> /Rotate 0 /Contents [398 0 R 399 0 R 400 0 R] /Resources 281 0 R #%$""!&+7/&)4)! In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. stream endobj /Resources 157 0 R 54. /Contents [362 0 R 363 0 R 364 0 R] 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. ( ( .+p>hPhb4yiK=c`/XOv@|fe`iY Section 13(b) of the FTC Act, 15 U.S.C. /CropBox [0 0 612 792] 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. There are immediate expenditures necessary. 15 0 obj ( /Parent 14 0 R GsYzQh50ee' % >> /Parent 13 0 R /Rotate 0 /Rotate 0 0000001641 00000 n % /Resources 241 0 R /Rotate 0 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. Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit /Rotate 0 : 01-42230-BKC-AJC . /Annots [] /Rotate 0 stores and restaurants). Secure .gov websites use HTTPS 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 /Pages >> 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. Managing Partner /Type /Page /Parent 13 0 R stream /Annots [] /Parent 11 0 R >> 0000003404 00000 n WEST PALM BEACH DIVISION . 0000001852 00000 n In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. "Anderson, IN area" means the City of Anderson and Madison County, Indiana. endobj Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. %PDF-1.6 /Contents [226 0 R 227 0 R 228 0 R] endobj Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. >> >> >> /Parent 13 0 R This is a must-watch video before you consider whether to sue for injunction. endobj REPUBLIC SERVICES, INC., 110 S.E. 45. Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /Resources 169 0 R endstream endobj 29 0 obj <>stream 66 0 obj 0000003868 00000 n and Florida Statute 86.011, et seq. /Type /Pages /MediaBox [0 0 612 792] 4. << .t. endobj /Parent 12 0 R /Rotate 0 72 0 obj 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. 85 0 obj Amended Complaint "Motion") [ECF(the No. /Rotate 0 << COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. What impact will it have on third-parties and employees? /Type /Page endobj not 20 0 obj /CropBox [0 0 612 792] 60 0 obj /Contents [358 0 R 359 0 R 360 0 R] /CropBox [0 0 612 792] << The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. 18. 86 0 obj endobj 24 0 obj 67. ( Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . 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] /Parent 4 0 R 63. ( 35 0 obj On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. << ( 0000000556 00000 n K.A%aut\@Uaa[pVWnOe /Type /Pages /Rotate 0 /MediaBox [0 0 612 792] /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> 47. /MediaBox [0 0 612 792] /Rotate 0 /Type /Page << /Type /Page 0000001187 00000 n /Type /Page /Rotate 0 /MediaBox [0 0 612 792] /Type /Page << /Parent 9 0 R 69 0 obj 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. 6. JFIF C 6. 30 0 obj 2201-202, and . 52. The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. << /Parent 14 0 R The county court may issue a temporary and permanent injunction where appropriate for violation of ss. /Contents [174 0 R 175 0 R 176 0 R] endobj /Annots [] The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary (PPP) election in Florida, scheduled for tomorrow, March 17, 2020, and cause large-scale voter disenfranchisement falling hardest on communities of color and other historically vulnerable populations. C. Reduction in Competition As a Consequence of the Acquisition. 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] Page 3 of 15 7. /Annots [] 27. >> ( /Type /Metadata 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. /Type /Page 58. << << Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. /Contents [134 0 R 135 0 R 136 0 R] 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 . /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. /Parent 8 0 R >> JacqmeinV 4 0 obj /Parent 13 0 R 29 0 obj >> endobj << /CropBox [0 0 612 792] 0 << endobj /Rotate 0 >> /Rotate 0 /CropBox [0 0 612 792] endobj 1331 and 1337. /CropBox [0 0 612 792] /Contents [266 0 R 267 0 R 268 0 R] endobj /Pages 4 0 R endobj /Filter /FlateDecode /Rotate 0 In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. /Contents [306 0 R 307 0 R 308 0 R] prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 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

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