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PDF Complaint for Injunctive and Other Relief and Demand for Jury Trial I Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc.
Statutes & Constitution :View Statutes : Online Sunshine /Parent 10 0 R /Annots [] 84 0 obj /Parent 12 0 R /Parent 4 0 R 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. /Parent 12 0 R Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /Rotate 0 /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Resources 229 0 R Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. /Resources 145 0 R /Author (JacqmeinV) ( /Type /Page /MediaBox [0 0 612 792] 10 0 obj << /Resources 357 0 R /Contents [166 0 R 167 0 R 168 0 R] /CropBox [0 0 612 792] Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /Resources 405 0 R 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. /Contents [402 0 R 403 0 R 404 0 R] DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. 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. The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. Noncompete Agreements: Protecting Referral Relationships as Legitimate Business Interests, Hiring for Florida Banks and Credit Unions: A Summary of Background Checks and Other Information Required to Comply With Various Regulatory Schemes. /Count 79 /Parent 8 0 R >> << In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. /Parent 9 0 R 56. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. >> /CropBox [0 0 612 792] Plaintiff filed this action against defendant for breaching a non-competition agreement. /MediaBox [0 0 612 792] endobj JURISDICTION AND VENUE 2. /CropBox [0 0 612 792] The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. /MediaBox [0 0 612 792] /Annots [] In the Albany, NY area, the proposed acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. Copyright 2008-2023 Jimerson Birr, P.A. >> /Parent 11 0 R /Type /Page The United States is entitled to injunctive relief under 26 U.S.C. /Type /Page 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. /CropBox [0 0 612 792] >> /Type /Page /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Annots [] 54 0 obj /Rotate 0 0000006750 00000 n
<< There are immediate expenditures necessary. /Rotate 0 /Parent 14 0 R 38. In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. 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.
United States District Court Southern District of Florida 44. /Contents [242 0 R 243 0 R 244 0 R] and Florida Statute 86.011, et seq. /Rotate 0 << clearly appears from specific facts shown by affidavit or by verified complaint that immediate or 7402(a) to prevent such conduct. /MediaBox [0 0 612 792] /Rotate 0 0000001317 00000 n
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. /Type /Page /Contents [230 0 R 231 0 R 232 0 R] /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Type /Pages . /Resources 101 0 R /MediaBox [0 0 612 792] /CropBox [0 0 612 792] Therefore, it should not be a decision made lightly. The Anderson, IN and New York City, NY areas are therefore sections of the country, or relevant geographic markets, for purposes of analyzing the competitive effects of the acquisition under Section 7 of the Clayton Act. 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 After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /Type /Page 55 0 obj 21. /Parent 7 0 R 2320 0 obj<>
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<< /Contents [234 0 R 235 0 R 236 0 R] endobj /Annots [] /Rotate 0 /Parent 13 0 R Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. 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. 12. /Parent 8 0 R 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. See Laws of Florida, Ch. Does the injunction provide broad or limited relief? /Contents [150 0 R 151 0 R 152 0 R] /Parent 11 0 R /Contents [162 0 R 163 0 R 164 0 R] 70 0 obj 29. 0000002235 00000 n
/Resources 269 0 R >> << /CropBox [0 0 612 792] /Rotate 0 /MediaBox [0 0 612 792] << /Parent 11 0 R Microsoft Word - 2022-08-24 - Complaint - FINAL /Resources 297 0 R /CropBox [0 0 612 792] endstream 43 0 obj /MediaBox [0 0 612 792] /Rotate 0 For a number of reasons, landfills may not be located close to where the waste is generated. << ( /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Annots [] 79 0 obj >> Does the temporary injunction preserve the Status Quo or does it make a change? 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 . Because of its characteristics (e.g. 33. << 6 0 obj 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. /Type /Page /Type /Page /Rotate 0 << 23 0 obj
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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 $8 million. << /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Annots [] /Parent 4 0 R hbbd``b`@q=`v0012,I00"0
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/CropBox [0 0 612 792] /Resources 377 0 R ( /Rotate 0 /Parent 11 0 R /Annots [] /CropBox [0 0 612 792] ;,hn
\ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx /Parent 13 0 R /Type /Page endobj /MediaBox [0 0 612 792] /Rotate 0 /Resources 109 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. /Parent 7 0 R 2. /Contents [198 0 R 199 0 R 200 0 R] %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr 24 0 obj << 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. /Resources 173 0 R /Resources 301 0 R /Type /Page /Resources 241 0 R /Type /Page /CropBox [0 0 612 792] Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /Type /Page
PDF Motion for Summary Judgment - Liberty Counsel 22408. /MediaBox [0 0 612 792] Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . /Resources 149 0 R 3 0 obj A complaint for declaratory relief must allege the following: there is a bona fide dispute between the parties; the plaintiff has a justiciable question as to the existence or nonexistence of some right, status, immunity, power or privilege, or as to some fact upon which existence of such a claim may depend; 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. /Resources 113 0 R endobj Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. /Annots [] << /CropBox [0 0 612 792] /Type /Page endobj >> /Type /Page >> 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. 2201 a nd 2202. /Parent 8 0 R 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. 28. endstream
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Complaint for Emergency Injunctive Relief in Florida Primary "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. The county court may issue a temporary and permanent injunction where appropriate for violation of ss. 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 [] <<
Rather, its about dealing with the future, not something that happened in the past. /Resources 133 0 R In 1999, Allied reported total revenues of approximately $6 billion. /MediaBox [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 Roll-off vehicles have no compaction system on board and are designed to carry only one large container at a time to a disposal site. 42 0 obj /Annots [] 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. What impact will it have on third-parties and employees? Z( In the Augusta, GA area, the acquisition would reduce from three to two the number of significant competitors in the collection of small container commercial waste. /MediaBox [0 0 612 792] /Parent 11 0 R 86 0 obj 0000001536 00000 n
/Contents [222 0 R 223 0 R 224 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. 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. /Resources 313 0 R 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. 28 0 obj /Rotate 0 << /Contents [358 0 R 359 0 R 360 0 R] 2322 0 obj<>stream
/Annots [] This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. endobj "Anderson, IN area" means the City of Anderson and Madison County, Indiana. /Contents [346 0 R 347 0 R 348 0 R] 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. /Parent 8 0 R ( /Contents [282 0 R 283 0 R 284 0 R] /Annots [] The differences in size, type, and volumes of roll-off waste and the equipment used to collect it distinguish roll-off waste collection from all other waste collection services. /Rotate 0 >> /Type /Page /MediaBox [0 0 612 792] INTRODUCTION . 41 0 obj Local roll-off waste collection firms in the Macon, GA area can profitably increase charges to local customers without losing significant sales to more distant competitors.
PDF United States District Court Southern District of Florida West Palm provide relief to all the individuals affected by APD's action. 36 0 obj Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. 4. /Parent 10 0 R /Rotate 0 /Length 1411 /Parent 9 0 R startxref
/Contents [362 0 R 363 0 R 364 0 R] ("MFS"), is a Florida corporation that has a principal place of . /CropBox [0 0 612 792] endobj endobj /Rotate 0 /Resources 345 0 R >> /Parent 4 0 R >> 18.
PDF COMPLAINT FOR PERMANENT INJUNCTION - United States Department of Justice 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. 95 0 obj >> In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. 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. /MediaBox [0 0 612 792] << /Annots [] endobj /MediaBox [0 0 612 792] 61. 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. endobj 0000006259 00000 n
/Contents [382 0 R 383 0 R 384 0 R] endobj 0000002929 00000 n
<< 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.
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