<< The extension ofvote-by-mail options and other accommodations at polling places is necessary. The extension of vote-by-mail options and other accommodations at polling places is necessary. /Metadata 2 0 R Alexdex. 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . /Parent 10 0 R 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. ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . /CropBox [0 0 612 792] endobj /CropBox [0 0 612 792] 0000000879 00000 n /Annots [] /Kids [55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R 63 0 R 64 0 R] /Contents [366 0 R 367 0 R 368 0 R] 31 0 obj %PDF-1.3 % /Parent 8 0 R 12. /Resources 309 0 R /Parent 14 0 R /MediaBox [0 0 612 792] endobj The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. /Resources 369 0 R /Annots [] >> "0A149;>>>%.DIC; C 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. >> 64 0 obj /Rotate 0 /Annots [] /MediaBox [0 0 612 792] Is there any vagueness, or is everything extremely clear? /Resources 109 0 R As such, following the process to the tee will help improve your chances for success. 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 /Contents [310 0 R 311 0 R 312 0 R] >> /Type /Page /Rotate 0 The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. /MediaBox [0 0 612 792] /Rotate 0 Firms that compete in the disposal of MSW generated in the Anderson, IN or New York City, NY areas can profitably increase their charges for disposal of MSW generated in each area without losing significant sales to more distant disposal sites. endstream /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] /Rotate 0 << ( /CropBox [0 0 612 792] and Florida Statute 86.011, et seq. /CropBox [0 0 612 792] /Rotate 0 This action is brought to /Contents [402 0 R 403 0 R 404 0 R] In such instances, the waste is brought to a nearby transfer station where it is compacted and combined with other waste and then transported to a more distant permanent disposal site. /Rotate 0 /Parent 10 0 R /Rotate 0 1391, . /CropBox [0 0 612 792] /Parent 13 0 R % /CropBox [0 0 612 792] /Parent 4 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 . /Contents [146 0 R 147 0 R 148 0 R] /CreationDate (D:20220824140929-04'00') 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. endobj stream 2322 0 obj<>stream In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. /MediaBox [0 0 612 792] endobj /Parent 4 0 R Page 3 of 15 7. 5.) /Rotate 0 /MediaBox [0 0 612 792] /Annots [] 66. On August 20, . /CropBox [0 0 612 792] 6. (ECF No. 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. 11. 85 0 obj /Resources 161 0 R Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . 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. /Contents [126 0 R 127 0 R 128 0 R] /Annots [] /CropBox [0 0 612 792] /Resources 129 0 R endobj /Resources 361 0 R << endobj 58 0 obj /Filter /FlateDecode 0000001536 00000 n endstream endobj 29 0 obj <>stream Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. /MediaBox [0 0 612 792] 38. << ( 22408. /MediaBox [0 0 612 792] >> 12. 95 0 obj 3601, et seq. "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. /Annots [] 2320 0 obj<> endobj /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Type /Page 54 0 obj /Resources 293 0 R /Resources 117 0 R endobj Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. /Type /Page /Contents [370 0 R 371 0 R 372 0 R] There are immediate expenditures necessary. /Rotate 0 /Type /Page ( 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 23. state of Florida in 1925 and yet again in 1943, under the legislative powers granted to the Florida legislature under the 1885 Constitution of the State of Florida. /Rotate 0 45], filed on August 192021, . >> /Annots [] >> >> /Contents [190 0 R 191 0 R 192 0 R] 46 0 obj /Parent 9 0 R /Contents [110 0 R 111 0 R 112 0 R] /MediaBox [0 0 612 792] /Type /Page 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. /Contents [326 0 R 327 0 R 328 0 R] /Contents [222 0 R 223 0 R 224 0 R] /MediaBox [0 0 612 792] startxref /CropBox [0 0 612 792] 30 0 obj /Rotate 0 /MediaBox [0 0 612 792] endobj /MediaBox [0 0 612 792] In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . endobj THIS COURT'S POWER TO GRANT RELIEF 84. /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. endobj >> >> /Parent 12 0 R Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. << /Annots [] /Parent 7 0 R /Annots [] endobj /Contents [94 0 R 95 0 R 96 0 R] /Parent 12 0 R /CropBox [0 0 612 792] endobj SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. clearly appears from specific facts shown by affidavit or by verified complaint that immediate or /Type /Page VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. /Contents [346 0 R 347 0 R 348 0 R] The transactions likely will have the following effects, among others: 1. /Type /Page Allied and Republic directly compete in the disposal of waste in a number of markets nationwide, including the Anderson, IN; New York City, NY; and Macon, Georgia areas. /Annots [] endobj 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . endobj CASE NO. /Annots [] /Annots [] 79 0 obj /MediaBox [0 0 612 792] /Contents [362 0 R 363 0 R 364 0 R] /Resources 357 0 R /CropBox [0 0 612 792] See Laws of Florida, Ch. 51 0 obj "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. Otherwise, there may be something missed or an unintended consequence when you sue for injunction, which can can bring about dissatisfaction, regardless of who prevails. Therefore, it should not be a decision made lightly. 0000001641 00000 n The predictable result is the denial of the vote to untold numbers of Floridians who had planned to vote in person on Election Dayincluding those who are elderly or have health conditions and cannot get to the polls without tremendous risk, university students who are no longer present in their county of registration because their dorms have closed, and those who venture out but encounter long lines and confusion at the polls. 24. 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. /Parent 8 0 R /Type /Page endobj /MediaBox [0 0 612 792] ( /Parent 10 0 R 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. /Annots [] 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. (Compl . /Rotate 0 For a number of reasons, landfills may not be located close to where the waste is generated. 90 0 obj /Resources 149 0 R JFIF C /Contents [186 0 R 187 0 R 188 0 R] 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. /Annots [] 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). /Type /Pages << /Contents [270 0 R 271 0 R 272 0 R] << endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream /Count 10 << /ModDate (D:20220824143048-04'00') The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. endobj 49. endobj /MediaBox [0 0 612 792] /Type /Page << /Resources 325 0 R /Parent 8 0 R /Length 1411 14. /Contents [134 0 R 135 0 R 136 0 R] /Contents [154 0 R 155 0 R 156 0 R] 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. /Rotate 0 88 0 obj ( /Parent 4 0 R << Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . >> << %%EOF endobj >> /Count 10 /Resources 265 0 R 33. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Type /Page /Contents [122 0 R 123 0 R 124 0 R] /Parent 8 0 R 50. 56 0 obj /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] endobj 2. 62. /Resources 393 0 R /MediaBox [0 0 612 792] >> /Contents [230 0 R 231 0 R 232 0 R] /Parent 7 0 R /Contents [206 0 R 207 0 R 208 0 R] 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. - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. /Type /Pages 53 0 obj C. Reduction in Competition As a Consequence of the Acquisition. hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. /Annots [] judgment, and preliminary and permanent injunctive relief and damages. /Resources 285 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. << This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. _______/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. 38 0 obj The operator then drives the FEL truck to a disposal facility, such as a transfer station, landfill or incinerator, and empties the contents of the vehicle. What impact will it have on third-parties and employees? 2. /Annots [] endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream endobj << /Parent 8 0 R "MSW" means municipal solid waste, a term of art used to describe solid putrescible waste generated by households and commercial establishments such as retail stores, offices, restaurants, warehouses, and non-manufacturing activities in industrial facilities. See also Chapter 224.08, Special Acts of Florida, 1943. 66 0 obj 13 0 obj .+p>hPhb4yiK=c`/XOv@|fe`iY /CropBox [0 0 612 792] /MediaBox [0 0 612 792] << /CropBox [0 0 612 792] /Count 9 : 01-42230-BKC-AJC . /Parent 7 0 R /Parent 12 0 R 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. 32 0 obj /Contents [174 0 R 175 0 R 176 0 R] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] << /Parent 9 0 R 0000003404 00000 n /MediaBox [0 0 612 792] 18. Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. /Annots [] In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. /Annots [] /Parent 14 0 R /Length 3282 /Rotate 0 /MediaBox [0 0 612 792] /Type /Page hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream endobj /Type /Page 44. /Resources 213 0 R 84 0 obj 42. 9. (2001). Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. >> ( 40. /Type /Page 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. /CropBox [0 0 612 792] << 0000002992 00000 n 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. hear the plaintiff's claim for declaratory and injunctive relief because the plaintiff alleged an amount in controversy in excess of $15,000; which obviously, is due to the fact that . Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. >> provide relief to all the individuals affected by APD's action. ( COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . /Rotate 0 72 0 obj /Rotate 0 81 0 obj /Contents [182 0 R 183 0 R 184 0 R] << 4 0 obj endobj /MediaBox [0 0 612 792] endobj 40 0 obj >> >> >> /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> /Count 10 ( >> 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. endstream endobj startxref 27 0 obj 30. ( Markets in which the HHI is between 1000 and 1800 points are considered to be moderately concentrated, and those in which the HHI is in excess of 1800 points are considered to be highly concentrated. Suing for an injunction in Florida is all about preserving the status quo. What happens if the temporary injunction is not granted? << 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? /Resources 237 0 R /Annots [] >> << 29 0 obj /Parent 7 0 R 42 0 obj /Resources 281 0 R /Type /Page The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. /Resources 385 0 R ( /Rotate 0 /Contents [242 0 R 243 0 R 244 0 R] /Type /Page /Parent 10 0 R <<14CA263718F8354CB34DA495C0495A29>]>> 80 0 obj 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. After the acquisition, Allied would control over 50 percent--and two firms more than 90 percent-- of the small container commercial waste hauling market, which has annual revenues of about $10 million. "Louisville, KY/ Sellersburg, IN area" means the cities of Louisville, Kentucky and Sellersburg, Indiana; Jefferson County, Kentucky; and the parts of Floyd and Clark counties, Indiana abutting Jefferson County, Kentucky. In addition, a FEL or REL vehicle cannot be efficiently driven long distances without collecting significant amounts of MSW, which makes it economically impractical for a small container commercial waste collection firm to serve metropolitan areas from a distant base. /Count 79 91 0 obj << stores and restaurants). /Parent 12 0 R /Parent 14 0 R 59 0 obj /Rotate 0 /Type /Page >> >> #%$""!&+7/&)4)! /Type /Page endobj /MediaBox [0 0 612 792] /Annots [] /Resources 137 0 R /Rotate 0 Haulers, therefore, generally establish garages and related facilities within each major local area served. EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. /CropBox [0 0 612 792] endobj 49 0 obj /Rotate 0 /Parent 12 0 R Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx /MediaBox [0 0 612 792] trailer /CropBox [0 0 612 792] /Parent 9 0 R endobj 0000000016 00000 n << endobj 2320 14 /Resources 345 0 R >> endobj endstream >> << 63 0 obj /CropBox [0 0 612 792] /Annots [] /Annots [] << 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. /CropBox [0 0 612 792] 34 0 obj <> /MediaBox [0 0 612 792] Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. 47 0 obj /Contents [138 0 R 139 0 R 140 0 R] Share sensitive information only on official, secure websites. } !1AQa"q2#BR$3br /Annots [] << 45 0 obj /Type /Page 17 0 obj /Contents [318 0 R 319 0 R 320 0 R] The Corps' environmental analysis for this project is based on the same assumptions and >> /CropBox [0 0 612 792] h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< /Type /Page /CropBox [0 0 612 792] << How long will the injunction be effective? The proposed transactions, identified below, would lessen competition substantially in waste collection and/or disposal services: (1) Allied's acquisition of hauling assets in Albany, New York; (2) Allied's acquisition of hauling assets in Augusta, Georgia; (3) Allied's acquisition of hauling assets in Memphis, Nashville and Clarksville, Tennessee; (4) Allied's acquisition of disposal assets in New York, New York; (5) Allied's acquisition of hauling assets in Norfolk, Virginia; (6) Allied's acquisition of hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida ("Gulf Coast, Florida"); (7) Republic's acquisition of disposal assets in Anderson, Indiana; (8) Republic's acquisition of hauling assets in Columbus, Ohio; (9) Republic's acquisition of hauling assets in Lakeland, Florida; (10) Republic's acquisition of hauling assets in Louisville, Kentucky and Sellersburg, Indiana; (11) Republic's acquisition of hauling and disposal assets in Macon, Georgia; and (12) Republic's acquisition of hauling assets in Monmouth, Burlington and Camden counties, New Jersey. In the Macon, GA area, the acquisition would reduce from two to one the number of significant firms that compete in the collection of small container commercial waste. Does the temporary injunction preserve the Status Quo or does it make a change? /Resources 205 0 R 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 . 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. 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. /Contents [202 0 R 203 0 R 204 0 R] 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.