/MediaBox [0 0 612 792] /CropBox [0 0 612 792] ( << endobj /Annots [] /Resources 157 0 R /Parent 13 0 R VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. /Annots [] /MediaBox [0 0 612 792] 52 0 obj /Annots [] /Resources 97 0 R /Type /Page /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 79 0 obj /Parent 4 0 R /Type /Page stores and restaurants). /Type /Page /Resources 381 0 R /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] /Parent 9 0 R 30 0 obj /Type /Page 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. 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. << /Resources 221 0 R PDF United States District Court Southern District of Florida West Palm COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . << >> /Rotate 0 Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /Annots [] << /Rotate 0 >> << Suitable landfills are difficult and time-consuming to obtain, and sometimes difficult to expand, because of the scarcity of suitable land, local resident opposition, environmental concerns, and government regulation. /CropBox [0 0 612 792] /Type /Page /Annots [] 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. >> /CropBox [0 0 612 792] "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. /Type /Page << WEST PALM BEACH DIVISION . << 63. /CropBox [0 0 612 792] In the United States District Court for The Southern District of New York /MediaBox [0 0 612 792] After the acquisition, Republic would own two of the three transfer stations, which together would control in excess of 65 percent of the MSW disposal market, which has annual revenues in excess of $3 million. /MediaBox [0 0 612 792] Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . /CropBox [0 0 612 792] ( /Annots [] This is an action for injunctive relief. Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . /CropBox [0 0 612 792] ( /CropBox [0 0 612 792] /Annots [] 7. Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. >> 30. /MediaBox [0 0 612 792] stream endobj >> } !1AQa"q2#BR$3br >> >> 4 0 obj These differences mean that small container commercial waste collection firms can profitably increase their charges for small container commercial waste collection services without losing significant sales or revenues to firms engaged in the provision of other types of waste collection services. /Parent 12 0 R /MediaBox [0 0 612 792] /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] /MediaBox [0 0 612 792] /Contents [258 0 R 259 0 R 260 0 R] >> 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. 78 0 obj A .gov website belongs to an official government organization in the United States. /Type /Page /Type /Page 15. /Contents [334 0 R 335 0 R 336 0 R] >> /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 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. /Rotate 0 Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. /Rotate 0 1391, . /Type /Pages 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. 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. ( /Type /Page endobj 60 0 obj /Parent 10 0 R Z( PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief x1 04) F&`/MFWxC. /Annots [] endobj 6. /Resources 393 0 R 37. >> PDF IN THE CIRCUIT COURT OF THE SECOND JUDICIAL - Florida Carry, Inc. << Complaint for Emergency Injunctive Relief in Florida Primary 20 0 obj 2018 to May 6, 2021. /CropBox [0 0 612 792] /Parent 14 0 R /Contents [110 0 R 111 0 R 112 0 R] 15 0 obj /MediaBox [0 0 612 792] /Resources 105 0 R endobj endobj "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. /Rotate 0 /CropBox [0 0 612 792] 3. << /Annots [] competition generally in small container commercial waste collection service 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 area markets will be lessened substantially; actual and potential competition between Allied and Republic in small container commercial waste collection service 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 area markets will be eliminated; prices charged by small container commercial waste collection firms 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 area markets will likely increase; competition generally in disposal of MSW in the Anderson, IN and New York City, NY area markets will be lessened substantially; actual and potential competition between Allied and Republic in disposal of MSW in the Anderson, IN and New York City, NY area markets will be eliminated; prices for disposal of MSW in the Anderson, IN and New York City, NY area markets likely will increase; competition generally in roll-off waste collection service in the Macon, GA area market will be lessened substantially; actual and potential competition between Allied and Republic in roll- off waste collection service in the Macon, GA area market will be eliminated; and. PDF In the Supreme Court of Florida Case No.: Sc11- Third District Case No /MediaBox [0 0 612 792] An individual commercial customer typically generates substantially more MSW than a residential customer. /Type /Page /Rotate 0 endobj /Resources 401 0 R /Rotate 0 /MediaBox [0 0 612 792] An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. endobj /Annots [] /Rotate 0 Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. There are immediate expenditures necessary. Therefore, it should not be a decision made lightly. Amended Complaint "Motion") [ECF(the No. 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 . 62 0 obj 0000001852 00000 n Roll-off waste compactors are generally located at the site of the roll-off container, thereby permitting the customer to increase the container's on-site storage capacity. In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. /Resources 373 0 R 57 0 obj << PDF Complaint for Injunctive Relief Representatives endobj 1114 Trademark Infringement . 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. /Resources 177 0 R Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. 26. relief pursuant to Chapter 86, Florida Statutes. >> << /Metadata 2 0 R /Filter /FlateDecode 16. 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. This is a civil action brought by the United States of America to enjoin defendant . 32. /MediaBox [0 0 612 792] "New York City, NY area" means the Borough of Brooklyn, New York. 51. /CropBox [0 0 612 792] The Corps' environmental analysis for this project is based on the same assumptions and /Parent 14 0 R <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> /Type /Pages 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. endobj /Rotate 0 _______/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. /Contents [126 0 R 127 0 R 128 0 R] 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. /CropBox [0 0 612 792] /Contents [138 0 R 139 0 R 140 0 R] /Type /Page &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id /Parent 10 0 R /Type /Page 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). /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 0 /Contents [238 0 R 239 0 R 240 0 R] 45. /Type /Page << ( endobj << 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. In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. 18 0 obj An official website of the United States government. /Type /Page In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. /CropBox [0 0 612 792] /Rotate 0 /CropBox [0 0 612 792] 64 0 obj 2201 a nd 2202. The next step is careful preparation before the temporary injunction hearing. Professional Services Industry Legal Blog>. >> /Parent 8 0 R /Rotate 0 /Rotate 0 On August 20, . 6. endobj /CropBox [0 0 612 792] 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. APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . << /Rotate 0 /Type /Page 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. x+ | /Parent 12 0 R 29. The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. endobj /Type /Pages %PDF-1.5 % >> Injunctive relief is considered an extraordinary remedy in both State and Federal court. To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. 25. /MediaBox [0 0 612 792] D. Entry Into Commercial Waste Collection of MSW. /Parent 14 0 R /Parent 13 0 R << /Resources 305 0 R MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. endobj trailer 17. >> /Parent 11 0 R /Rotate 0 /CropBox [0 0 612 792] /Resources 289 0 R Complaint for Declaratory and Temporary and Permanent Injunctive Relief (the "Complaint"), which is incorporated herein by this reference.1 As shown in the Complaint, the HRO is null and void for failure to comply with Florida Statutes, the Jacksonville Ordinance Code, and the Rules of the Council of the City of Jacksonville. /Rotate 0 /Rotate 0 << 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. 31. >> "Lakeland, FL area" means Polk County, Florida. /Type /Page /Kids [15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R] stream <>>> %%EOF ( ( /Rotate 0 ( /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] 20. 53. /CropBox [0 0 612 792] /Parent 4 0 R /Annots [] /Rotate 0 /Resources 189 0 R In the Norfolk, VA area, the acquisition would reduce from three to two the number of significant firms competing in the collection of small container commercial waste. JFIF C If the major roll-off competitor in a market likewise precludes significant competition through the use of long-term customer contracts which automatically renew, entry by new competitors and growth from existing ones are further hindered. "0A149;>>>%.DIC; C >> >> 88 0 obj<>stream /MediaBox [0 0 612 792] 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. /MediaBox [0 0 612 792] endobj endobj /Parent 10 0 R ( Statutes & Constitution :View Statutes : Online Sunshine /CropBox [0 0 612 792] endobj /Resources 325 0 R endobj 8. << /CropBox [0 0 612 792] endobj /Annots [] /Contents [366 0 R 367 0 R 368 0 R] /MediaBox [0 0 612 792] /Annots [] MSW does not include special handling waste (e.g., waste from manufacturing processes, regulated medical waste, sewage, and sludge), hazardous waste, or waste generated by construction or demolition sites. /Rotate 0 /Parent 8 0 R /Rotate 0 << 89 0 obj endobj /Contents [374 0 R 375 0 R 376 0 R] /CropBox [0 0 612 792] The roll-off container, when filled, is picked up by roll-off trucks, which are uniquely well suited for roll-off waste collection, and driven to a nearby disposal site, where the container's contents are disposed. endobj 55. 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. /CropBox [0 0 612 792] xref 16 0 obj Republic is engaged in providing waste collection and disposal services throughout the United States. /Parent 12 0 R /Rotate 0 /Resources 341 0 R 62. >> 10941 and Laws of Florida, Ch. >> /Resources 385 0 R endobj endstream << /Parent 8 0 R 84 0 obj /Kids [25 0 R 26 0 R 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R 33 0 R 34 0 R] /Type /Page /MediaBox [0 0 612 792] Less frequently, haulers may use more maneuverable, but less efficient, rear-end loader ("REL") trucks, especially in those areas in which a collection route includes narrow alleyways or streets. /Resources 309 0 R /Parent 12 0 R /Contents [198 0 R 199 0 R 200 0 R] /Type /Page /Resources 161 0 R A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . /MediaBox [0 0 612 792] $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! endobj 91 0 obj Secure .gov websites use HTTPS /MediaBox [0 0 612 792] 33. << /CropBox [0 0 612 792] 42 0 obj startxref 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. % hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream /Contents [194 0 R 195 0 R 196 0 R] 13 0 obj << << 63 0 obj /Rotate 0 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. /CropBox [0 0 612 792] >> /MediaBox [0 0 612 792] Roll-off waste collection services are generally provided in localized areas because a roll-off truck cannot be efficiently or profitably driven significantly longer distances than those driven by a competitor to collect and dispose of the waste. /CropBox [0 0 612 792] 8 0 obj D. P. et al., . >> /Contents [134 0 R 135 0 R 136 0 R] The length of the presentation is 46:09. /MediaBox [0 0 612 792] /Parent 10 0 R Therefore, its important to not consider it a tool for righting a wrong. /Annots [] /Resources 369 0 R /Parent 8 0 R ( endobj "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. Small Container Commercial Waste Collection Service. /Type /Page 0000006259 00000 n /Rotate 0 /Parent 7 0 R /Annots [] 10. /MediaBox [0 0 612 792] /Contents [306 0 R 307 0 R 308 0 R] /Type /Page >> 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. endobj /Rotate 0 /CropBox [0 0 612 792] endobj endobj << ( Omega SA v. The Individuals, Business Entities, and Unincorporated >> >> endobj 2320 14 /Annots [] Page 3 of 15 7. 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.