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/MediaBox [0 0 612 792] /Annots [] >> 27 0 obj /Annots [] /Type /Page << /MediaBox [0 0 612 792] /Annots [] The United States Army Corps of Engineers ("Corps" or "Army Corps") has unlawfully approved a massive dredging project for Port Everglades in Fort Lauderdale, Florida. /CropBox [0 0 612 792]
PDF United States District Court Southern District of Florida Case No /Type /Page 5. 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. endobj /Annots [] /Annots [] "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. >> /Rotate 0 In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. /MediaBox [0 0 612 792] . The acquisitions by Allied and Republic would remove a significant competitor in small container commercial waste collection service, roll-off waste collection service, and/or the disposal of MSW, in already highly concentrated and difficult-to-enter markets. Finally, prices for small container service are influenced principally by the density of the routes served by each vehicle; prices for roll-off services are influenced primarily by the distance of the customer's location from the hauler's location and the disposal site, the time required to travel those distances, and the cost of disposal at the disposal site. 7.) M`5`i`F{qZ /Resources 229 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. /Contents [134 0 R 135 0 R 136 0 R]
PDF COMPLAINT FOR PERMANENT INJUNCTION - United States Department of Justice /Annots [] 42 0 obj /MediaBox [0 0 612 792] /Annots [] /Annots [] /Rotate 0 /MediaBox [0 0 612 792] 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. Garcia controll ed the MJ Companies prior to their going into receivership. 21. "Anderson, IN area" means the City of Anderson and Madison County, Indiana. _l {:\! >> << In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. 10. 6 0 obj On February 10, 2023, the Court screened the 27 First Amended Complaint and dismissed it for failure to state a claim, with leave to amend within 28 thirty days. /Parent 13 0 R /Annots [] /Annots [] 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] /Annots [] /Nums [0 6 0 R] /Type /Page 63. 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. << 88 0 obj<>stream
72 0 obj 92 0 obj /Parent 11 0 R 41 0 obj stores and restaurants). 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. /Rotate 0 Rather, its about dealing with the future, not something that happened in the past. /Rotate 0 /Rotate 0 26. Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. 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. In such areas, many of the problems associated with the permitting and construction of a landfill could make it difficult to permit and construct a transfer station. 28 0 obj /Annots [] ( Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /Type /Page This is an action for injunctive and declaratory relief, costs, damages, attorney's fees, penalties, and other available statutory relief, pursuant to the Florida Deceptive and Unfair . /MediaBox [0 0 612 792] 1331 and 1337. /CropBox [0 0 612 792] Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. endobj /Annots [] Haulers, therefore, generally establish garages and related facilities within each major local area served. /Rotate 0 /Contents [394 0 R 395 0 R 396 0 R] << 54 0 obj endobj Small container commercial service vehicles routinely employ compaction systems on the truck to increase storage capacity, and can empty numerous small containers located on a scheduled route before being driven to a disposal site. endobj /Parent 8 0 R 7402(a) to prevent such conduct. /Metadata 2 0 R << /Resources 397 0 R << endobj Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. /Type /Page >> /Rotate 0 /Rotate 0 Amended Complaint "Motion") [ECF(the No. /Contents [186 0 R 187 0 R 188 0 R] /Parent 12 0 R After the acquisition, Allied would control roughly 30 percent--and two firms about 66 percent--of the New York City, NY area MSW disposal market, which has annual revenues of about $40 million. endobj /Resources 109 0 R << /Annots [] K.A%aut\@Uaa[pVWnOe /Contents [254 0 R 255 0 R 256 0 R]
PDF United States District Court Middle District of Florida Tampa Division trailer
<< ? /CropBox [0 0 612 792] Share sensitive information only on official, secure websites. /Annots [] /Contents [170 0 R 171 0 R 172 0 R] /CropBox [0 0 612 792] A .gov website belongs to an official government organization in the United States. /MediaBox [0 0 612 792] /Count 79 If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050. On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). /Parent 7 0 R endobj /CropBox [0 0 612 792] << << /MediaBox [0 0 612 792] 31 0 obj
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/Rotate 0 endobj >> endobj /Annots [] /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] 91 0 obj 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. >> ( IV. Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . >> "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. /Annots [] Copyright 2008-2023 Jimerson Birr, P.A. The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. 7. /Rotate 0 ( Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. /Parent 9 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. 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. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. /MediaBox [0 0 612 792] /Annots [] 15. /Rotate 0 /Parent 11 0 R Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. << /Type /Page /Count 10 /MediaBox [0 0 612 792] /Length 1411 /Annots [] ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . /Annots [] /CropBox [0 0 612 792] /Rotate 0 /Rotate 0 prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. /CropBox [0 0 612 792] /Resources 317 0 R endobj endobj The City changed its name from "New 1. 22 and 28 U.S.C. /Type /Page /Type /Page Therefore, it should not be a decision made lightly. ( In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. /Contents [130 0 R 131 0 R 132 0 R] /Parent 12 0 R Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. 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. << /Contents [358 0 R 359 0 R 360 0 R] /Kids [85 0 R 86 0 R 87 0 R 88 0 R 89 0 R 90 0 R 91 0 R 92 0 R 93 0 R] Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. << endobj endstream
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endobj /Resources 261 0 R /MediaBox [0 0 612 792] >> /Rotate 0 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.
PDF Motion for Summary Judgment - Liberty Counsel /Contents [398 0 R 399 0 R 400 0 R] The likely effect of these acquisitions is to substantially lessen competition and to tend to create a monopoly in interstate trade and commerce in violation of Section 7 of the Clayton Act. 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt % /Type /Page /MediaBox [0 0 612 792] /Annots [] /Rotate 0 /Contents [190 0 R 191 0 R 192 0 R] endobj /Type /Page 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 /Resources 237 0 R << 53. The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. ( /MediaBox [0 0 612 792] An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< /Annots [] << /Contents [142 0 R 143 0 R 144 0 R] /Contents [146 0 R 147 0 R 148 0 R] For a number of reasons, landfills may not be located close to where the waste is generated. Transactions that increase the HHI by more than 100 points in highly concentrated markets presumptively raise antitrust concerns under the Horizontal Merger Guidelines issued by the U.S. Department of Justice and the Federal Trade Commission. 87 0 obj /Annots [] ( >> 12102(1)-(2), the regulations implementing the . 0000002992 00000 n
/Contents [166 0 R 167 0 R 168 0 R] /Rotate 0 24. << >> /Contents [138 0 R 139 0 R 140 0 R] /MediaBox [0 0 612 792] ( This form is a Complaint for Injunctive Relief and Damages. /Annots [] /CropBox [0 0 612 792] /MediaBox [0 0 612 792]
/MediaBox [0 0 612 792] 86 0 obj Z( /CropBox [0 0 612 792] endobj 44. /MediaBox [0 0 612 792] construction debris) and volume, roll-off waste is deposited by the customer/generator into a disposal container (usually 20 to 40 cubic yards in size) which is larger than those routinely used in small container commercial collection (usually one to 10 cubic yards in size). /Type /Page /Parent 12 0 R /Parent 9 0 R 45. Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>>
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/Resources 329 0 R 8 0 obj 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 88 0 obj 2201 a nd 2202. 90 0 obj It is engaged in providing waste collection and disposal services throughout the United States. /Contents [246 0 R 247 0 R 248 0 R] /Type /Page 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. /Annots [] endobj 30 0 obj
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/Annots [] INTRODUCTION . >> /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] endobj
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