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. /Annots [] /Contents [386 0 R 387 0 R 388 0 R] /Resources 101 0 R "Lakeland, FL area" means Polk County, Florida. 14. /Annots [] >> /Annots [] /MediaBox [0 0 612 792] : 01-42230-BKC-AJC . /Rotate 0 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." endobj >> >> 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. /Contents [178 0 R 179 0 R 180 0 R] /Rotate 0 /CropBox [0 0 612 792] 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. /Pages 4 0 R Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. PDF Verified Complaint for Damages and Injunctive Relief To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. /Contents [330 0 R 331 0 R 332 0 R] /Contents [150 0 R 151 0 R 152 0 R] Charles B. Jimerson Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. endobj /Parent 14 0 R /MediaBox [0 0 612 792] 67 0 obj Preference Primary election in Florida. /Annots [] /Contents [338 0 R 339 0 R 340 0 R] /Type /Page Complaint for Declaratory Relief in Florida - Trellis /Rotate 0 /Annots [] 37. /Parent 7 0 R 54 0 obj /Annots [] >> /Resources 97 0 R It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. 53. endobj /Contents [310 0 R 311 0 R 312 0 R] 0000003868 00000 n 10 0 obj /Type /Page This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. /Resources 357 0 R 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. ( PDF United States District Court Northern District of Florida Pensacola >> /CropBox [0 0 612 792] /Rotate 0 >> /Length 10 >> /Annots [] 69. 0 << In the United States District Court for The Southern District of New York 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. /Contents [378 0 R 379 0 R 380 0 R] PDF Verified Second Amended Complaint for Injunctive and Declaratory Relief 2322 0 obj<>stream There could be a negative impact on the plaintiffs public image. . endobj Because of its characteristics (e.g. /Parent 14 0 R endobj 94 0 obj /MediaBox [0 0 612 792] /Contents [362 0 R 363 0 R 364 0 R] << 34 0 obj 19. Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . 32 0 obj 58. /CropBox [0 0 612 792] 15 0 obj 2201-202, and . /Parent 11 0 R 7 0 obj ( endobj /MediaBox [0 0 612 792] JacqmeinV /Rotate 0 Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. 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. 0000001994 00000 n /Parent 14 0 R /Resources 265 0 R Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx "New York City, NY area" means the Borough of Brooklyn, New York. << 64 0 obj /Annots [] endobj /Rotate 0 Plaintiff LEAGUE OF WOMEN VOTERS OF FLORIDA ("LWVF" or the "League") is the Florida affiliate of the League of Women Voters of the United States. 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; "Small container commercial waste collection service" means the business of collecting MSW from commercial and industrial accounts, usually in "dumpsters" (i.e., a small container with one to ten cubic yards of storage capacity), and transporting or "hauling" such waste to a disposal site by use of a front-or rear-end loader truck. << 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. 0000001373 00000 n /Rotate 0 /CropBox [0 0 612 792] /Type /Page 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] /CropBox [0 0 612 792] /Annots [] /CropBox [0 0 612 792] Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. /MediaBox [0 0 612 792] ( If the major roll-off collection competitor in a market also controls the primary disposal site(s) therein, other roll-off competitors are at a large disadvantage and entry is difficult. %PDF-1.3 % 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. ( 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. 0000003135 00000 n /Annots [] The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. PDF Complaint for Injunctive Relief Representatives /Parent 8 0 R Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. Temporary Injunction - Florida Litigation Guide 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. 93 0 obj << 3601, et seq. 26. /CropBox [0 0 612 792] Parties 13. In the Columbus, OH area, the proposed acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste. /Rotate 0 See also Chapter 224.08, Special Acts of Florida, 1943. /Parent 13 0 R In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. /Contents [158 0 R 159 0 R 160 0 R] 14 0 obj /Annots [] /Resources 205 0 R 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. /Rotate 0 /MediaBox [0 0 612 792] Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. /Parent 11 0 R endobj /Parent 14 0 R This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. endobj /Parent 7 0 R /CropBox [0 0 612 792] /Annots [] << /Rotate 0 /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 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. /Resources 221 0 R /Annots [] /CropBox [0 0 612 792] /MediaBox [0 0 612 792] Plaintiff complains and alleges as follows: 1. /Resources 353 0 R endobj /Contents [214 0 R 215 0 R 216 0 R] /Resources 405 0 R /Parent 12 0 R 1331 and 1337. x+ | /Rotate 0 /Length 1411 /Rotate 0 Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. << 6 0 obj 54. << /Resources 169 0 R 22 and 28 U.S.C. >> The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. 4 0 obj THIS COURT'S POWER TO GRANT RELIEF 84. 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. Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. /MediaBox [0 0 612 792] PDF COMPLAINT FOR INJUNCTIVE RELIEF - archive.org 46. /Length 3282 /Type /Page Z( /Contents [406 0 R 407 0 R 408 0 R] /CropBox [0 0 612 792] In this presentation, Jimerson Birr AssociateAustin B. Calhouncovers 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. /Parent 7 0 R 4. /Contents [242 0 R 243 0 R 244 0 R] hb```"FN%n010pKsg``Z ^^@Y"bL38/4F `} endstream endobj 24 0 obj <> endobj 25 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 26 0 obj <>stream /Resources 373 0 R Haulers, therefore, generally establish garages and related facilities within each major local area served. << >> 2320 0 obj<> endobj /S /D In addition, Wilson traveled at least twice to Florida for work-related trips in 2019, including once to Miami and Tampa in or around the spring of 2019 and once to Orlando in or around November or December 2019. 9. /Type /Page 10941 and Laws of Florida, Ch. /Contents [274 0 R 275 0 R 276 0 R] /Rotate 0 1114 Trademark Infringement . /Annots [] The Corps' environmental analysis for this project is based on the same assumptions and MSW has physical characteristics that readily distinguish it from other liquid or solid waste. /Annots [] /Rotate 0 /Contents [350 0 R 351 0 R 352 0 R] << << 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. PDF Complaint for Emergency Injunctive and Declaratory Relief 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. ( 63. 28 0 obj /CreationDate (D:20220824140929-04'00') Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. MSW is generally transported by collection trucks to landfills and transfer stations, and the availability of disposal sites close to a hauler's routes is a major element that determines a hauler's competitiveness and profitability. /Contents [190 0 R 191 0 R 192 0 R] /Contents [270 0 R 271 0 R 272 0 R] endobj /Parent 7 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. /Resources 241 0 R Therefore, it should not be a decision made lightly. 38 0 obj /Count 10 >> << 39 0 obj /Parent 8 0 R 35 0 obj Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. 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. startxref >> endobj 0000003946 00000 n 27. ? /Resources 305 0 R Should you request a temporary injunction or push quickly for final permanent injunction.
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