5 Letter Word Containing Din, Maramia Tea And Fertility, Man Killed In Car Accident Wichita, Ks, Articles C

See also Chapter 224.08, Special Acts of Florida, 1943. /MediaBox [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. 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. The transactions likely will have the following effects, among others: 1. /Parent 13 0 R /MediaBox [0 0 612 792] /Parent 8 0 R >> ( << /MediaBox [0 0 612 792] /Rotate 0 endobj /Contents [134 0 R 135 0 R 136 0 R] endobj /Type /Page 11 0 obj /Resources 189 0 R /Annots [] /Contents [234 0 R 235 0 R 236 0 R] << In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. /CropBox [0 0 612 792] << Preference Primary election in Florida. 57 0 obj << /MediaBox [0 0 612 792] /Annots [] endobj ( "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. endstream 56. "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. /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] Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. How long will the injunction be effective? >> << endobj PDF United States District Court Northern District of Florida Pensacola 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. /Resources 145 0 R 61 0 obj "0A149;>>>%.DIC; C Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. /Annots [] 83 0 obj /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> /Parent 10 0 R 85 0 obj ( << /CropBox [0 0 612 792] /Resources 369 0 R stream /Annots [] /Parent 4 0 R << /Resources 221 0 R endobj /Type /Page Complaint for Emergency Injunctive Relief in Florida Primary 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. The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. 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. /Rotate 0 endobj ( >> PDF COMPLAINT FOR INJUNCTIVE RELIEF - archive.org endobj 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. /Annots [] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] >> Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. ( /Length 3282 /Parent 7 0 R 44. /Resources 341 0 R /CropBox [0 0 612 792] %PDF-1.4 % /MediaBox [0 0 612 792] << /Parent 10 0 R >> << /Type /Page 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. endobj Amended Complaint "Motion") [ECF(the No. APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . ( /Contents [382 0 R 383 0 R 384 0 R] ( /CropBox [0 0 612 792] 62. /Parent 8 0 R << endobj 69 0 obj /Rotate 0 31 0 obj <>stream JFIF C Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages. Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for 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. endobj /MediaBox [0 0 612 792] << 28. /MediaBox [0 0 612 792] /Resources 149 0 R 76 13 59. The next step is careful preparation before the temporary injunction hearing. >> /Contents [170 0 R 171 0 R 172 0 R] /Parent 13 0 R /Type /Page 15. 37. << /Type /Page Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). /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. /Type /Pages 34 0 obj 60 0 obj /Pages 4 0 R 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . 56 0 obj /Rotate 0 It is engaged in providing waste collection and disposal services throughout the United States. >> /Type /Page /Parent 13 0 R << An individual commercial customer typically generates substantially more MSW than a residential customer. endobj <<14CA263718F8354CB34DA495C0495A29>]>> In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. /CropBox [0 0 612 792] << The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. << /Resources 381 0 R /CreationDate (D:20220824140929-04'00') /Type /Page << endobj 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 /Resources 377 0 R 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. >> 23 0 obj PDF Complaint for Emergency Injunctive and Declaratory Relief /Type /Pages /Annots [] << << >> 21-81099-CIV-CANNON/Reinhart . /MediaBox [0 0 612 792] PDF Complaint for injunction and declaratory relief 4 0 obj endobj >> /Annots [] /CropBox [0 0 612 792] Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. << /Type /Page 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. The proposed acquisition would reduce from four to three the number of significant firms that compete in small container commercial waste collection service in the Memphis, TN area. >> >> << /Contents [174 0 R 175 0 R 176 0 R] "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. /Count 10 /Type /Page /Filter /FlateDecode >> 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . 94 0 obj That defendants be permanently enjoined from carrying out the acquisitions of those assets in the separate purchase agreements dated July 28 and October 7, 1999, or from entering into or carrying out any agreement, understanding or plan, the effect of which would be to exchange those assets between the defendants; 3. endobj 0000001994 00000 n 60. Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. The United States is entitled to injunctive relief under 26 U.S.C. endobj << /Contents [270 0 R 271 0 R 272 0 R] The length of the presentation is 46:09. >> 95 0 obj /Type /Page There are immediate expenditures necessary. Roll-off haulers typically deal with larger waste volumes from a single customer for which disposal costs constitute a greater percentage of the total revenue received for the service. Thus, small container commercial 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. 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. 12 0 obj endobj 33. /Contents [334 0 R 335 0 R 336 0 R] /Contents [298 0 R 299 0 R 300 0 R] /Rotate 0 /Resources 109 0 R >> >> /Parent 8 0 R Allied is the nation's second largest waste hauling and disposal company. ( /Parent 13 0 R /Parent 14 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. 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. /Type /Page /Annots [] After the acquisition, Allied would control over 50 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $31 million. Date: Wednesday, June 21, 2000 Document Type: Complaint This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). endobj PDF Verified Complaint for Damages and Injunctive Relief >> /Rotate 0 34. 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. /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] /Rotate 0 /CropBox [0 0 612 792] /Annots [] xref hbbd`b`rfb`gb` # "Anderson, IN area" means the City of Anderson and Madison County, Indiana. stream endobj 39. 50. /MediaBox [0 0 612 792] As such, following the process to the tee will help improve your chances for success. /CropBox [0 0 612 792] /Parent 9 0 R prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. /MediaBox [0 0 612 792] << /Rotate 0 << >> /Contents [186 0 R 187 0 R 188 0 R] An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. 2201-202, and . /Contents [306 0 R 307 0 R 308 0 R] >> Small container commercial waste collection services are generally provided in highly localized areas because to operate efficiently and profitably, a hauler must have sufficient density in its commercial waste collection operations; i.e., a large number of commercial accounts that are reasonably close together. "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. 43. /CropBox [0 0 612 792] 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. . /Annots [] 30 0 obj /Annots [] /Type /Page /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Parent 4 0 R /Rotate 0 /Parent 4 0 R 53. /Resources 273 0 R Temporary Injunction - Florida Litigation Guide This is an action for permanent injunctive relief, declaratory relief, and The global coronavirus pandemic threatens to disrupt the Presidential /Type /Pages 32 0 obj Defendants Allied and Republic collect municipal solid waste from residential, commercial, and industrial customers, and they own and operate transfer stations, landfills, and incinerators, which process and dispose of municipal solid waste. 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. << %%EOF /Rotate 0 /CropBox [0 0 612 792] << /Type /Page /CropBox [0 0 612 792] endobj 1391(c). /Contents [210 0 R 211 0 R 212 0 R] After the acquisition, Republic would control over 50 percent--and two firms over 80 percent-- of the small container commercial waste hauling market, which has annual revenues of about $29 million. << endobj 3. /Contents [374 0 R 375 0 R 376 0 R] /Rotate 0 53 0 obj ( 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. /CropBox [0 0 612 792] Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. 75 0 obj /Type /Page /Type /Page /Resources 309 0 R 0000002992 00000 n /Parent 13 0 R /Resources 389 0 R /Length 10 /Type /Page 39 0 obj 27 0 obj >> Injunctive relief is considered an extraordinary remedy in both State and Federal court. endobj << 7. /MediaBox [0 0 612 792] /Annots [] /CropBox [0 0 612 792] endobj 24 0 obj /Parent 11 0 R 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. /Type /Page /Parent 11 0 R >> /Rotate 0 _l {:\! This form is a Complaint for Injunctive Relief and Damages. /CropBox [0 0 612 792] 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. << 8 0 obj endobj 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. 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 133 0 R /Parent 13 0 R /Type /Page 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. endstream endobj 29 0 obj <>stream ( /Type /Metadata << >> (Compl . /Type /Page 3 0 obj /Annots [] << /Parent 10 0 R /Annots [] /Contents [250 0 R 251 0 R 252 0 R] /Annots [] >> 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. /Rotate 0 /Rotate 0 . endobj 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. /CropBox [0 0 612 792] endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream /CropBox [0 0 612 792] /Resources 261 0 R /Annots [] /Rotate 0 "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. /Resources 337 0 R 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. /Resources 269 0 R 93 0 obj 64. Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. Republic is engaged in providing waste collection and disposal services throughout the United States. /Contents [198 0 R 199 0 R 200 0 R] /CropBox [0 0 612 792] A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . ( Introduction Types of Injunctive Relief - The CLM /Resources 181 0 R and Florida Statute 86.011, et seq. #%$""!&+7/&)4)! /Annots [] /Contents [182 0 R 183 0 R 184 0 R] /Parent 9 0 R << /CropBox [0 0 612 792] << That plaintiff recover the costs of this action. >> endobj Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. PDF IN THE CIRCUIT COURT OF THE SECOND JUDICIAL - Florida Carry, Inc. /Rotate 0 << /Annots [] 0000000016 00000 n There could be a negative impact on the plaintiffs public image. /Parent 9 0 R >> endobj /MediaBox [0 0 612 792] /Contents [330 0 R 331 0 R 332 0 R] endobj /Contents [302 0 R 303 0 R 304 0 R] /Type /Page /Parent 12 0 R This is an action for injunctive relief. /Resources 397 0 R provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. /Type /Page 2201 a nd 2202. ? /Type /Page /CropBox [0 0 612 792] endobj /Resources 265 0 R Plaintiff filed this action against defendant for breaching a non-competition agreement. /Parent 13 0 R This action is brought to 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. /CropBox [0 0 612 792] 18. /Annots [] : 01-42230-BKC-AJC . 15 0 obj /MediaBox [0 0 612 792] $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! /CropBox [0 0 612 792] endobj /Annots [] 0000003135 00000 n _______/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. >> Therefore, it should not be a decision made lightly. /Rotate 0 "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. PDF United States District Court Southern District of Florida West Palm /Annots [] 47 0 obj /CropBox [0 0 612 792] ( /CropBox [0 0 612 792] 40. /CropBox [0 0 612 792] Defendant is defined as a "Public Accommodation" within meaning of Title III /Annots [] Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /Annots [] /Resources 225 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] /Contents [222 0 R 223 0 R 224 0 R] endobj did not involve a claim for declaratory relief. /Annots [] 0000000556 00000 n /Contents [286 0 R 287 0 R 288 0 R] /Type /Page >> 36. 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). /Resources 329 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. Should you request a temporary injunction or push quickly for final permanent injunction. endobj PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief 28 0 obj /Type /Page Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. /Contents [110 0 R 111 0 R 112 0 R] >> Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . >> /MediaBox [0 0 612 792] /Parent 14 0 R << /Type /Pages THIS COURT'S POWER TO GRANT RELIEF 84. /Type /Page 26. /CropBox [0 0 612 792] In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . 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.