84 0 obj Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. /CropBox [0 0 612 792] /Contents [286 0 R 287 0 R 288 0 R] /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Rotate 0 /Resources 345 0 R /CropBox [0 0 612 792] ( 0 >> /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 10. /Resources 337 0 R << 25. Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. /Resources 177 0 R Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? /Type /Pages 52 0 obj /Contents [126 0 R 127 0 R 128 0 R] Roll-off haulers typically deal with larger waste volumes from a single customer for which disposal costs constitute a greater percentage of the total revenue received for the service. /Parent 12 0 R /Contents [246 0 R 247 0 R 248 0 R] << 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. Garcia is a resident of North Lauderdale, Fl orida. /CropBox [0 0 612 792] Charles B. Jimerson /MediaBox [0 0 612 792] prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. endstream endobj 29 0 obj <>stream /Annots [] >> After the acquisition, Allied would control over 50 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $31 million. endobj ( /CropBox [0 0 612 792] /MediaBox [0 0 612 792] << >> Rather, these are some additional factors to consider while determining the feasibility of this action: Will the court be able to enforce the injunction, or will it require intensive court supervision? 44. Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). /Contents [326 0 R 327 0 R 328 0 R] << /Annots [] 66 0 obj 4. << endobj 41 0 obj /Type /Page 50 0 obj 39. /Contents [186 0 R 187 0 R 188 0 R] /Resources 301 0 R >> /CropBox [0 0 612 792] %PDF-1.3 % /CropBox [0 0 612 792] Therefore, it should not be a decision made lightly. /Type /Page 3 0 obj /Type /Page %PDF-1.6 /MediaBox [0 0 612 792] /Resources 289 0 R /Type /Page /Contents [330 0 R 331 0 R 332 0 R] /Annots [] /CropBox [0 0 612 792] /Resources 393 0 R >> /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> 3601, et seq. provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. 2322 0 obj<>stream "New York City, NY area" means the Borough of Brooklyn, New York. endobj /Resources 381 0 R 85 0 obj /Type /Page /Rotate 0 /Resources 121 0 R /Annots [] >> /Parent 14 0 R /Resources 149 0 R /Resources 141 0 R endobj In the Lakeland, FL area, the acquisition would reduce from two to one the number of significant competitors in the collection of small container commercial waste. 27 0 obj /Parent 11 0 R /Type /Page A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . endobj ( /MediaBox [0 0 612 792] << 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. /MediaBox [0 0 612 792] /Contents [122 0 R 123 0 R 124 0 R] /Parent 14 0 R 0000000556 00000 n /Contents [202 0 R 203 0 R 204 0 R] /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] << See Laws of Florida, Ch. To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. What impact will it have on third-parties and employees? /MediaBox [0 0 612 792] JFIF C 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . >> /Type /Page /Contents [262 0 R 263 0 R 264 0 R] /Contents [394 0 R 395 0 R 396 0 R] 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. /Parent 8 0 R /Resources 385 0 R 88 0 obj<>stream After the acquisition, Republic would control over 50 percent--and two firms over 80 percent-- of the small container commercial waste hauling market, which has annual revenues of about $29 million. /MediaBox [0 0 612 792] 13 0 obj Does the courts have ability to enforce what you are requesting? 18 0 obj << /Contents [362 0 R 363 0 R 364 0 R] 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. /Annots [] >> /MediaBox [0 0 612 792] /Type /Page << In areas where it is not practical to construct and permit a landfill, it is necessary to put in a transfer station to get the waste to a more distant landfill. ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. endobj advance, Plaintiffs seek immediate declaratory and injunctive relief that directs Defendants to permit a designated representative of each affected candidate and political party into the recount room, as Florida law requires. << /MediaBox [0 0 612 792] /Parent 11 0 R /Annots [] /Rotate 0 /MediaBox [0 0 612 792] 0000001563 00000 n IV. /Contents [382 0 R 383 0 R 384 0 R] /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] Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. ( endobj /CropBox [0 0 612 792] << << /Annots [] /CropBox [0 0 612 792] /Parent 8 0 R 0000003404 00000 n /Rotate 0 /Type /Page /Parent 11 0 R 4. 52. 48. /Resources 257 0 R /MediaBox [0 0 612 792] 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. hbbd`b`rfb`gb` # /Parent 11 0 R SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. /Annots [] JURISDICTION AND VENUE 2. /CropBox [0 0 612 792] /Contents [406 0 R 407 0 R 408 0 R] << << /Annots [] JURISDICTION AND VENUE 13. 22408. << endobj endobj 45], filed on August 192021, . 76 13 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. /Parent 10 0 R The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. 38. The acquisition would reduce from three to two the number of significant firms that compete in the collection of small container commercial waste in the Burlington and Camden Counties, NJ area. /CropBox [0 0 612 792] /Type /Pages /Rotate 0 <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> 29 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. /Resources 329 0 R /Parent 12 0 R endobj /Annots [] 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. /MediaBox [0 0 612 792] endobj /Type /Page /Rotate 0 /CropBox [0 0 612 792] ]\q( $QSRP@=8`) $CC16 PI_ XL >> /Parent 8 0 R /Rotate 0 /Type /Page prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. >> Date: Wednesday, June 21, 2000 Document Type: Complaint This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). stream "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. /Rotate 0 /Parent 9 0 R xref /CropBox [0 0 612 792] /Annots [] 3. ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . << 8. 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. << The City changed its name from "New 92 0 obj Does the injunction provide broad or limited relief? 23 0 obj >> This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. >> /Parent 11 0 R 0000001373 00000 n /Contents [374 0 R 375 0 R 376 0 R] Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /Parent 9 0 R >> 57 0 obj /Annots [] 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. >> 1 0 obj /Annots [] Therefore, its important to not consider it a tool for righting a wrong. 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. /CropBox [0 0 612 792] 1331 and 1337. /Annots [] /Annots [] /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] <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> endobj /Annots [] /Annots [] ( /Parent 7 0 R Rather, its about dealing with the future, not something that happened in the past. /Count 9 endobj 0000001536 00000 n 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. /MediaBox [0 0 612 792] /Type /Page /Parent 14 0 R /MediaBox [0 0 612 792] Haulers, therefore, generally establish garages and related facilities within each major local area served. /Rotate 0 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. /Creator (PScript5.dll Version 5.2.2) The length of the presentation is 46:09. << 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. /CropBox [0 0 612 792] /Contents [398 0 R 399 0 R 400 0 R] /Contents [378 0 R 379 0 R 380 0 R] /Parent 8 0 R 73 0 obj 19 0 obj 37. Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply. /Parent 13 0 R >> /Type /Page /Type /Page Amended Complaint "Motion") [ECF(the No. "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. /MediaBox [0 0 612 792] /Type /Page Waste collection firms, or "haulers," collect MSW from residential, commercial and industrial establishments, and transport the waste to a disposal site, such as a transfer station, sanitary landfill or incinerator, for processing and disposal. >> >> /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] H*23430P AsKN$r{(s /CropBox [0 0 612 792] endstream /CropBox [0 0 612 792] 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) 39 0 obj << The Anderson, IN and New York City, NY areas are therefore sections of the country, or relevant geographic markets, for purposes of analyzing the competitive effects of the acquisition under Section 7 of the Clayton Act. Republic is engaged in providing waste collection and disposal services throughout the United States. /Annots [] /Parent 4 0 R << /Count 10 /Rotate 0 Is there any vagueness, or is everything extremely clear? ( $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! >> This action is brought to /Rotate 0 /Contents [274 0 R 275 0 R 276 0 R] /CropBox [0 0 612 792] 44 0 obj endobj >> /Type /Page << >> /MediaBox [0 0 612 792] >> << /Pages 4 0 R /Type /Page /MediaBox [0 0 612 792] /Parent 7 0 R 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. /Rotate 0 SOUTHERN DISTRICT OF FLORIDA . 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. /Annots [] /Annots [] In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. 6. 18. << That defendants' proposed sales of hauling assets 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, and defendants' proposed sales of MSW disposal assets in the Anderson, IN; Macon, GA and New York City, NY area markets be adjudged and decreed to be unlawful and in violation of Section 7 of the Clayton Act; 2. /Type /Page /MediaBox [0 0 612 792] 13. /Annots [] Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. "Anderson, IN area" means the City of Anderson and Madison County, Indiana. << /CropBox [0 0 612 792] /Parent 14 0 R 46 0 obj /Parent 9 0 R /Rotate 0 >> << 0000006259 00000 n 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. /Type /Page /Rotate 0 /MediaBox [0 0 612 792] Local roll-off waste collection firms in the Macon, GA area can profitably increase charges to local customers without losing significant sales to more distant competitors. /Resources 253 0 R >> 31 0 obj <>stream 29. 0000001317 00000 n ( 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. /Resources 401 0 R endobj 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. /Contents [102 0 R 103 0 R 104 0 R] << /CropBox [0 0 612 792] 18. >> /Rotate 0 7 0 obj /Resources 185 0 R /Type /Page /Contents [218 0 R 219 0 R 220 0 R] /CropBox [0 0 612 792] endobj /CropBox [0 0 612 792] /Annots [] /Annots [] 0000006750 00000 n /CropBox [0 0 612 792] << ( 12 0 obj 4 0 obj <> /Rotate 0 /Count 79 /CropBox [0 0 612 792] /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Parent 12 0 R ( /MediaBox [0 0 612 792] /Type /Page /CropBox [0 0 612 792] >> stream /Parent 4 0 R /Rotate 0 The transactions likely will have the following effects, among others: 1. 75 0 obj /CropBox [0 0 612 792] /Contents [150 0 R 151 0 R 152 0 R] 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.