endobj /Annots [] 4 0 obj << SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. CASE NO. GsYzQh50ee' endobj /Parent 13 0 R /Type /Page << >> 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. << /Rotate 0 /Rotate 0 << /MediaBox [0 0 612 792] %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr A .gov website belongs to an official government organization in the United States. 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. Is the injunction prohibitory or mandatory? /Type /Page /CropBox [0 0 612 792] /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] /Type /Page /Resources 253 0 R Plaintiff filed this action against defendant for breaching a non-competition agreement. WEST PALM BEACH DIVISION . >> /Resources 277 0 R 0000001469 00000 n /Resources 249 0 R << /Type /Page Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. >> 29. >> On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). /Type /Page /Type /Catalog startxref endobj 0000000879 00000 n /Type /Page /Type /Page /Rotate 0 /Type /Page Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. Copyright 2008-2023 Jimerson Birr, P.A. /Parent 11 0 R /Rotate 0 /CropBox [0 0 612 792] endobj 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. JURISDICTION AND VENUE 2. endobj /Parent 7 0 R << M`5`i`F{qZ 45 0 obj /MediaBox [0 0 612 792] 21. /Type /Page /Rotate 0 >> 31. /Annots [] On August 20, . JacqmeinV /Resources 181 0 R /Type /Page 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. /Annots [] /CropBox [0 0 612 792] /Parent 8 0 R endobj /CropBox [0 0 612 792] /Rotate 0 endobj /Rotate 0 (2001). 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. 9 0 obj /Type /Page << 1331 and 1337. endobj /Contents [142 0 R 143 0 R 144 0 R] >> 46 0 obj 56 0 obj /Type /Page /Parent 4 0 R 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. << Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. "Norfolk, VA area" means the cities of Chesapeake, Suffolk, Virginia Beach, Norfolk, Poquoson, Newport News and Portsmouth, and York, Surry, James City, Southampton, and Isle of Wight counties, Virginia. << D. P. et al., . The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary (PPP) election in Florida, scheduled for tomorrow, March 17, 2020, and cause large-scale voter disenfranchisement falling hardest on communities of color and other historically vulnerable populations. /Count 10 To access the presentation, visit YouTube or click play on the embedded image below. In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /Contents [362 0 R 363 0 R 364 0 R] 32 0 obj 45], filed on August 192021, . /Annots [] 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. /CropBox [0 0 612 792] << /CropBox [0 0 612 792] /Resources 165 0 R 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. 1. endobj Plaintiff is a Florida resident, lives in Miami- Dade County, is sui juris, and qualifies of a protected class under the ADA, 42 U.S.C. /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] /S /D /Parent 8 0 R endobj /CropBox [0 0 612 792] >> 95 0 obj /Type /Pages endobj /Contents [98 0 R 99 0 R 100 0 R] /Rotate 0 0000001149 00000 n "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. /Parent 9 0 R /Type /Pages In the Nashville, TN area, the acquisition would reduce from three to two the number of significant firms competing in the collection of small container commercial waste. /CropBox [0 0 612 792] /Annots [] << C. Reduction in Competition As a Consequence of the Acquisition. /Contents [186 0 R 187 0 R 188 0 R] 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. /Contents [386 0 R 387 0 R 388 0 R] /CropBox [0 0 612 792] Pursuant to the purchase agreements, Allied would acquire from Superior: hauling assets in Albany, New York; hauling assets in Augusta, Georgia; hauling assets in Memphis, Nashville and Clarksville, Tennessee; disposal assets in New York, New York; hauling assets in Norfolk, Virginia; and hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida. /CreationDate (D:20220824140929-04'00') /Resources 401 0 R ? 2018 to May 6, 2021. /Annots [] /MediaBox [0 0 612 792] /Contents [302 0 R 303 0 R 304 0 R] 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. 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. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. 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. In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt /Rotate 0 /Contents [326 0 R 327 0 R 328 0 R] 60 0 obj /Annots [] 71 0 obj /Resources 273 0 R /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Annots [] endobj >> << /Contents [314 0 R 315 0 R 316 0 R] /Type /Page /Contents [194 0 R 195 0 R 196 0 R] Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. 43 0 obj 7 0 obj 2. /Parent 12 0 R 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. 37. /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) /Type /Page /MediaBox [0 0 612 792] 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 %%EOF 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. 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. 2322 0 obj<>stream /Parent 10 0 R /MediaBox [0 0 612 792] 30. /Type /Pages Managing Partner /MediaBox [0 0 612 792] /Annots [] >> >> /CropBox [0 0 612 792] /MediaBox [0 0 612 792] endobj /MediaBox [0 0 612 792] endobj 0 In the Gulf Coast, FL area, the acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. << /Annots [] This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. 75 0 obj /CropBox [0 0 612 792] 20 0 obj /CropBox [0 0 612 792] /Annots [] /Contents [290 0 R 291 0 R 292 0 R] /Type /Page /Type /Page 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. /MediaBox [0 0 612 792] /Parent 12 0 R /Type /Page /CropBox [0 0 612 792] << /Type /Page 65 0 obj >> x+ | This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. /Type /Page /Resources 117 0 R << /Contents [250 0 R 251 0 R 252 0 R] /CropBox [0 0 612 792] Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. 10. Last updated on November 21, 2022. << hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream /Annots [] << hear the plaintiff's claim for declaratory and injunctive relief because the plaintiff alleged an amount in controversy in excess of $15,000; which obviously, is due to the fact that . /MediaBox [0 0 612 792] Local small container commercial waste collection firms in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA areas can profitably increase charges to local customers without losing significant sales to more distant competitors. /Contents [190 0 R 191 0 R 192 0 R] 0000001994 00000 n << << What happens if the temporary injunction is not granted? /Subtype /XML /CropBox [0 0 612 792] trailer 69. Amended Complaint "Motion") [ECF(the No. /MediaBox [0 0 612 792] startxref Thus, small container commercial waste collection service is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. 26. Allied and Republic directly compete in the disposal of waste in a number of markets nationwide, including the Anderson, IN; New York City, NY; and Macon, Georgia areas. 14. This is an action for injunctive relief. /MediaBox [0 0 612 792] /Rotate 0 /Resources 361 0 R /Resources 337 0 R xref /Parent 13 0 R >> /MediaBox [0 0 612 792] /Type /Page /MediaBox [0 0 612 792] 51 0 obj "Louisville, KY/ Sellersburg, IN area" means the cities of Louisville, Kentucky and Sellersburg, Indiana; Jefferson County, Kentucky; and the parts of Floyd and Clark counties, Indiana abutting Jefferson County, Kentucky. /Rotate 0 /Annots [] The transactions likely will have the following effects, among others: 1. /Contents [210 0 R 211 0 R 212 0 R] /CropBox [0 0 612 792] ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx /Contents [262 0 R 263 0 R 264 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. /Type /Page 73 0 obj Parties 13. /Type /Pages 0000001275 00000 n << 32. /Type /Page endobj (ECF No. /Contents [182 0 R 183 0 R 184 0 R] /Resources 97 0 R The cost advantage of local landfills limits the areas where MSW can be economically transported and disposed of by haulers and creates localized markets for MSW disposal services. /Rotate 0 20. /Type /Page Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. >> << /Rotate 0 /Annots [] Therefore, its important to not consider it a tool for righting a wrong. << clearly appears from specific facts shown by affidavit or by verified complaint that immediate or There could be a negative impact on the plaintiffs public image. The next step is careful preparation before the temporary injunction hearing. "Lakeland, FL area" means Polk County, Florida. 4. The extension of vote-by-mail options and other accommodations at polling places is necessary. 2320 14 >> /Annots [] 27. 62 0 obj /Type /Page 22. /Resources 217 0 R 58. endobj MSW has physical characteristics that readily distinguish it from other liquid or solid waste. /Type /Page << /Type /Page endobj 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.
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complaint for injunctive relief florida