complaint for injunctive relief floridadavid cook attorney fort worth

40 0 obj 46. /Parent 9 0 R /Contents [258 0 R 259 0 R 260 0 R] 34 0 obj >> /CropBox [0 0 612 792] Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. x+ | 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. 22 and 28 U.S.C. 38. /MediaBox [0 0 612 792] 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. /Type /Page /CropBox [0 0 612 792] 10 0 obj See Merger Guidelines 1.51. /Rotate 0 2 0 obj 80 0 obj /Rotate 0 /Resources 237 0 R 63 0 obj /Resources 353 0 R For a number of reasons, landfills may not be located close to where the waste is generated. /Resources 321 0 R endobj 62 0 obj << << state of Florida in 1925 and yet again in 1943, under the legislative powers granted to the Florida legislature under the 1885 Constitution of the State of Florida. 16. << ( /Type /Page /Parent 7 0 R endobj /Contents [242 0 R 243 0 R 244 0 R] /MediaBox [0 0 612 792] /Parent 9 0 R ( ( "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. /Rotate 0 endstream endobj 29 0 obj <>stream /Length 3282 /Resources 381 0 R 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. << 10. /Rotate 0 0000001536 00000 n /Type /Page The differences in the types and volume of MSW collected and in the equipment used in collection distinguish small container commercial waste collection from all other types of waste collection activities. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. The United States is entitled to injunctive relief under 26 U.S.C. 17 0 obj ( % endobj 35. endobj /Type /Page WEST PALM BEACH DIVISION . trailer >> 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. endobj endobj /Type /Page ( /Rotate 0 /MediaBox [0 0 612 792] /Rotate 0 >> >> /Contents [282 0 R 283 0 R 284 0 R] ( endobj 7.) /Rotate 0 endobj It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. /Parent 7 0 R /Parent 11 0 R /Resources 349 0 R /Type /Page /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> /Parent 12 0 R endobj 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. /Contents [290 0 R 291 0 R 292 0 R] For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. 39 0 obj /Parent 10 0 R Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. In the Macon, GA area, the acquisition would reduce from two to one the number of significant firms that compete in the collection of small container commercial waste. /Resources 225 0 R 32 0 obj /CropBox [0 0 612 792] 41 0 obj >> 55 0 obj /CropBox [0 0 612 792] /Parent 10 0 R 65. /Rotate 0 28 0 obj /Annots [] /Resources 177 0 R /Resources 261 0 R The extension of vote-by-mail options and other accommodations at polling places is necessary. 93 0 obj 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 /Parent 10 0 R Accordingly, injunctive relief ordering the extension of vote-by-mail options and other accommodations at polling places is necessary to protect the fundamental right to vote. /Annots [] 22. >> 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. In 1999, Allied reported total revenues of approximately $6 billion. /Type /Page /Contents [318 0 R 319 0 R 320 0 R] /Type /Page /CropBox [0 0 612 792] /Type /Page /Contents [254 0 R 255 0 R 256 0 R] << /Contents [202 0 R 203 0 R 204 0 R] 63. /Count 10 /MediaBox [0 0 612 792] /Type /Catalog /Rotate 0 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. /Rotate 0 3. Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. endobj /Contents [250 0 R 251 0 R 252 0 R] 26 0 obj >> 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 $3 million. /CropBox [0 0 612 792] /Contents [206 0 R 207 0 R 208 0 R] Thus, roll-off waste collection service is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. /Annots [] /Annots [] /Parent 7 0 R INTRODUCTION . /Parent 14 0 R Therefore, its important to not consider it a tool for righting a wrong. _l {:\! 57 0 obj Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? /Annots [] H*23430P AsKN$r{(s Defendants Allied and Republic collect municipal solid waste from residential, commercial, and industrial customers, and they own and operate transfer stations, landfills, and incinerators, which process and dispose of municipal solid waste. endobj >> << /Contents [270 0 R 271 0 R 272 0 R] %PDF-1.3 % /Contents [370 0 R 371 0 R 372 0 R] /Parent 13 0 R Does the temporary injunction preserve the Status Quo or does it make a change? /CropBox [0 0 612 792] /Contents [210 0 R 211 0 R 212 0 R] 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. endobj << /Type /Page APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . . 0000001275 00000 n The Macon, GA area is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the ClaytonAct. 69. endobj /Type /Page In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. /Type /Page << /Contents [398 0 R 399 0 R 400 0 R] /Parent 14 0 R /Type /Page /Parent 4 0 R 6th Street Ft. Lauderdale, FL 33301 Defendants. /Parent 12 0 R /Resources 341 0 R /Resources 97 0 R THIS COURT'S POWER TO GRANT RELIEF 84. /Type /Page << /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Type /Page 90 0 obj << >> Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. /CropBox [0 0 612 792] startxref 0000001317 00000 n << /Resources 165 0 R << /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 56 0 obj /Rotate 0 The acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste in the Louisville, KY/Sellersburg, IN area. In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /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 Universities have sent students home, people are remaining in quarantine, poll workers are dropping out, and Supervisors of Elections have closed or moved 112 polling places in 22 counties, in many cases less than a week before the election. 0000003868 00000 n endobj Parties 13. /Annots [] Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. 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. On August 20, . 5.) /Rotate 0 The acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste in the Monmouth County, NJ area. /Type /Pages /MediaBox [0 0 612 792] %PDF-1.4 % /Rotate 0 0000001149 00000 n /CropBox [0 0 612 792] Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. << ( /Parent 8 0 R ( << /Count 10 Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. >> << 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. /Type /Page 25 0 obj <> endobj 61. 37. 1331 and 1337. /Type /Page /Annots [] /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] 0000001994 00000 n /Parent 9 0 R << endstream /Rotate 0 /Contents [218 0 R 219 0 R 220 0 R] hUN@h/%FT""[email protected]?{"1zQ. /Contents [394 0 R 395 0 R 396 0 R] /Resources 289 0 R >> /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] /Type /Page 51 0 obj /Annots [] 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. /Resources 201 0 R 6 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. >> /Subtype /XML << /Type /Page /MediaBox [0 0 612 792] /CropBox [0 0 612 792] endobj 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 . >> %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr endobj %PDF-1.5 % 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. It is engaged in providing waste collection and disposal services throughout the United States. Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. 0000001187 00000 n /Contents [354 0 R 355 0 R 356 0 R] /CropBox [0 0 612 792] (ECF No. /CropBox [0 0 612 792] 5. /Type /Page 0000003946 00000 n >> /Type /Page /Type /Page What impact will it have on third-parties and employees? M`5`i`F{qZ 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. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] This is a civil action brought by the United States of America to enjoin defendant . >> /MediaBox [0 0 612 792] 39. /Contents [374 0 R 375 0 R 376 0 R] /Resources 181 0 R /Type /Page 92 0 obj >> /Resources 105 0 R 1391, . /MediaBox [0 0 612 792] Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. /Type /Page /Annots [] 82 0 obj /Type /Pages /Annots [] /Annots [] /Type /Page /MediaBox [0 0 612 792] 2. 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. >> << >> /Annots [] endstream /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 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. 53. >> relief pursuant to Chapter 86, Florida Statutes. /Type /Page 45 0 obj /Rotate 0 >> /MediaBox [0 0 612 792] 23 0 obj 59. 72 0 obj 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. . 59 0 obj 61 0 obj << /CropBox [0 0 612 792] There could be a negative impact on the plaintiffs public image. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> /Resources 253 0 R /CropBox [0 0 612 792] "Anderson, IN area" means the City of Anderson and Madison County, Indiana. That plaintiff recover the costs of this action. /Rotate 0 6. /Parent 10 0 R ]\q( $QSRP@=8`) $CC16 PI_ XL /Type /Page /Resources 273 0 R Otherwise, there may be something missed or an unintended consequence when you sue for injunction, which can can bring about dissatisfaction, regardless of who prevails. A .gov website belongs to an official government organization in the United States. startxref 88 0 obj endobj /Parent 14 0 R /Parent 10 0 R Share sensitive information only on official, secure websites. /CropBox [0 0 612 792] /Rotate 0 /Contents [186 0 R 187 0 R 188 0 R] "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. Copyright 2008-2023 Jimerson Birr, P.A. endobj %%EOF /CropBox [0 0 612 792] endobj >> >> /Rotate 0 ( 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 4 0 R /Resources 269 0 R Markets in which the HHI is between 1000 and 1800 points are considered to be moderately concentrated, and those in which the HHI is in excess of 1800 points are considered to be highly concentrated. /Annots [] endobj /Rotate 0 >> /MediaBox [0 0 612 792] >> << .+p>hPhb4yiK=c`/XOv@|fe`iY /Parent 7 0 R Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /Type /Metadata /MediaBox [0 0 612 792] endobj Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. 2322 0 obj<>stream To access the presentation, visit YouTube or click play on the embedded image below. /Contents [182 0 R 183 0 R 184 0 R] 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). 5 0 obj /Parent 14 0 R /Rotate 0 /Annots [] 11. xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 /Count 10 /Rotate 0 endobj 68 0 obj h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< /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] /Resources 217 0 R Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. 50. /CropBox [0 0 612 792] /Annots [] << /Rotate 0 /Type /Pages /Rotate 0 47. 67 0 obj 11 0 obj /Resources 281 0 R >> endobj /Contents [406 0 R 407 0 R 408 0 R] 20. Page 3 of 15 7. An individual commercial customer typically generates substantially more MSW than a residential customer. In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. >> 14. /Parent 11 0 R 1391(c). endobj endobj /CropBox [0 0 612 792] /Type /Page /Contents [134 0 R 135 0 R 136 0 R] /Parent 9 0 R /Type /Page 60. 69 0 obj 21-81099-CIV-CANNON/Reinhart . endobj 0000000016 00000 n /Contents [230 0 R 231 0 R 232 0 R] /Type /Page /Rotate 0 0000000592 00000 n 64. 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 stores and restaurants). /Resources 209 0 R endobj 54 0 obj 0000001373 00000 n stream /Contents [94 0 R 95 0 R 96 0 R] >> %PDF-1.6 xref << 7402(a) to prevent such conduct. endobj 28. /Contents [334 0 R 335 0 R 336 0 R] JURISDICTION AND VENUE 1. endobj /Annots [] 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. <> Amended Complaint "Motion") [ECF(the No. >> 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. << endobj In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. There are immediate expenditures necessary. /Rotate 0 >> /MediaBox [0 0 612 792] /Parent 8 0 R /Filter /FlateDecode /Annots [] Plaintiff complains and alleges as follows: 1. IV. /Parent 12 0 R /Type /Page >> In addition, Wilson traveled at least twice to Florida for work-related trips in 2019, including once to Miami and Tampa in or around the spring of 2019 and once to Orlando in or around November or December 2019. matt stafford win loss record, henchmen mc events, mike zabonik iron resurrection net worth,

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