7402(a) to prevent such conduct. /Type /Page /Parent 14 0 R >> /Parent 8 0 R ( 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. ( /CropBox [0 0 612 792] endobj /Type /Page 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt /CropBox [0 0 612 792] Small Container Commercial Waste Collection Service. /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] /CropBox [0 0 612 792] xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. 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. /Resources 333 0 R 17 0 obj /Annots [] /Contents [198 0 R 199 0 R 200 0 R] << /MediaBox [0 0 612 792] Should you request a temporary injunction or push quickly for final permanent injunction. /Parent 12 0 R /Contents [282 0 R 283 0 R 284 0 R] endstream endobj startxref 11. ( 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. endobj endobj /Parent 4 0 R Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing /Type /Page %%EOF endobj /Parent 11 0 R /MediaBox [0 0 612 792] /Subtype /XML 33 0 obj /Type /Page /CropBox [0 0 612 792] << endstream endobj 29 0 obj <>stream Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. /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. did not involve a claim for declaratory relief. SOUTHERN DISTRICT OF FLORIDA . /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Resources 249 0 R On residential routes, the crews generally hand-load the customer's MSW, typically by tossing garbage bags and emptying trash cans into the vehicle's storage section. 12 0 obj /MediaBox [0 0 612 792] "Transfer station" means an intermediate disposal site, often used in more densely populated areas, for the processing and temporary storage of solid waste before transfer, in bulk, to more distant facilities for final disposal. << 87 0 obj JURISDICTION AND VENUE 2. endobj /Rotate 0 0 /Rotate 0 /Rotate 0 /Resources 253 0 R /MediaBox [0 0 612 792] In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. /Resources 157 0 R /Type /Page /Type /Page endobj The global coronavirus pandemic threatens to disrupt the Presidential /Parent 14 0 R /Annots [] << /CreationDate (D:20220824140929-04'00') /Annots [] >> /CropBox [0 0 612 792] /Annots [] /Annots [] /Contents [98 0 R 99 0 R 100 0 R] /MediaBox [0 0 612 792] /Resources 225 0 R /Parent 14 0 R Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. 4 0 obj /Resources 281 0 R /Resources 101 0 R << /Rotate 0 /Type /Page % 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. >> /Type /Page endobj 27. /Rotate 0 Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. << /MediaBox [0 0 612 792] &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id 8 0 obj endobj /Contents [182 0 R 183 0 R 184 0 R] /Rotate 0 /Contents [278 0 R 279 0 R 280 0 R] 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. /CropBox [0 0 612 792] /Rotate 0 This is a civil action brought by the United States of America to enjoin defendant . /MediaBox [0 0 612 792] endobj /Rotate 0 4. trailer /Resources 241 0 R /Resources 105 0 R clearly appears from specific facts shown by affidavit or by verified complaint that immediate or /Rotate 0 Is the injunction prohibitory or mandatory? >> endobj /Contents [186 0 R 187 0 R 188 0 R] 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. /Rotate 0 /Type /Catalog Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. /Rotate 0 >> For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. << /MediaBox [0 0 612 792] stream /Type /Page %PDF-1.5 /CropBox [0 0 612 792] Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . /Annots [] 0000000016 00000 n /MediaBox [0 0 612 792] /Contents [262 0 R 263 0 R 264 0 R] /Type /Page /CropBox [0 0 612 792] /Annots [] Section 13(b) of the FTC Act, 15 U.S.C. 1 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. << /MediaBox [0 0 612 792] >> /Kids [35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R] /Parent 14 0 R endobj 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. This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. /Annots [] /MediaBox [0 0 612 792] 10 0 obj /Contents [126 0 R 127 0 R 128 0 R] endobj "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. /Contents [130 0 R 131 0 R 132 0 R] /Resources 321 0 R /MediaBox [0 0 612 792] << The significant share of the roll-off collection market which Republic would have, its control of the primary disposal sites in the area, and its frequent use of long-term, automatically renewing contracts with roll-off collection customers, would make entry into the Macon, GA roll-off waste collection market difficult, and unlikely to prevent market incumbents from significantly raising prices for the collection of roll-off waste following the acquisition. /Contents [222 0 R 223 0 R 224 0 R] 55. /Contents [362 0 R 363 0 R 364 0 R] 77 0 obj endobj /Rotate 0 << /Rotate 0 /Parent 11 0 R endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream 1. 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. /Type /Page /MediaBox [0 0 612 792] /Type /Page /Annots [] << /Annots [] 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. /Rotate 0 /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Parent 13 0 R >> /Contents [206 0 R 207 0 R 208 0 R] This is an action for injunctive relief. /Rotate 0 Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. >> << Obtaining a permit to construct a new disposal facility or to expand an existing one is a costly and time-consuming process, which typically takes many years to conclude. /MediaBox [0 0 612 792] 14. /MediaBox [0 0 612 792] 59. /Type /Page Firms that compete in the disposal of MSW can profitably increase their charges to haulers of MSW without losing significant sales to any other firms. 37 0 obj /Annots [] 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; 26 0 obj /Type /Page /Contents [378 0 R 379 0 R 380 0 R] 52. endobj << After the acquisition, Allied would control roughly 69 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $25 million. << /Contents [218 0 R 219 0 R 220 0 R] /Type /Page 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. /Parent 12 0 R 4 0 obj /Resources 189 0 R 68 0 obj 12. 82 0 obj ( /Parent 7 0 R /Resources 213 0 R 32 0 obj /Resources 133 0 R ( EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. >> /Resources 361 0 R << This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. /Resources 129 0 R 10. 50 0 obj << 44 0 obj /Resources 405 0 R /Resources 121 0 R 2 0 obj Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. There may be disclosure of confidential information such as trade secrets. /Parent 11 0 R /CropBox [0 0 612 792] 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. /Annots [] >> /MediaBox [0 0 612 792] <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> MSW has physical characteristics that readily distinguish it from other liquid or solid waste. /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] 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 << endobj ( In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. /Annots [] /Type /Page endobj On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia.