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32 0 obj /Resources 373 0 R There could be a negative impact on the plaintiffs public image. However, temporary injunctive relief may be granted without the posting of a bond in the following situations: 1) injunctions entered "on the pleading of a municipality or the state or any officer, agency, or political subdivision thereof"; or 2) injunctions "issued solely to prevent physical injury or abuse of a natural person." >> stream 29. /Resources 241 0 R /Annots [] %%EOF As such, following the process to the tee will help improve your chances for success. /Rotate 0 << 0000006750 00000 n /Type /Page << 11. /Parent 10 0 R As a result, Austin begins the presentation by sharing some of the things you should think about before pursuing an injunction: There is a lot on the line. /MediaBox [0 0 612 792] /Rotate 0 /Parent 7 0 R /Parent 4 0 R SOUTHERN DISTRICT OF FLORIDA . /Resources 201 0 R /Parent 9 0 R 11 0 obj /Resources 185 0 R 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. /Type /Page /Rotate 0 >> The extension of vote-by-mail options and other accommodations at polling places is necessary. endobj Suing for an injunction in Florida is all about preserving the status quo. /Resources 161 0 R /Rotate 0 In the Albany, NY area, the proposed acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. _______/s/____________________ Donna E. Patterson Deputy Assistant Attorney General, _________/s/__________________ Constance K. Robinson Director of Operations and Merger Enforcement, ________/s/___________________ J. Robert Kramer II Chief, Litigation II Section, _________/s/__________________ Willie L. Hudgins Assistant Chief, Litigation II Section, ___________/s/________________ Arthur A. Feiveson IL Bar # 3125793, __________/s/_________________ Michael K. Hammaker DC Bar # 233684, __________/s/_________________ Chinita M. Sinkler MD Bar, U.S. Department of Justice Antitrust Division, Litigation II Section 1401 H Street, NW, Suite 3000 Washington, D.C. 20530 (202) 307-0924. >> << /Resources 209 0 R /Contents [242 0 R 243 0 R 244 0 R] /Resources 337 0 R /Annots [] /Contents [162 0 R 163 0 R 164 0 R] << >> /Contents [314 0 R 315 0 R 316 0 R] 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. endobj endobj >> provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. /Parent 9 0 R >> >> 3601, et seq. >> /Parent 9 0 R JFIF C /Parent 14 0 R /CropBox [0 0 612 792] << /Resources 169 0 R 32. /Contents [310 0 R 311 0 R 312 0 R] ( >> /Type /Page /Contents [330 0 R 331 0 R 332 0 R] /Type /Pages endobj 85 0 obj Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /Type /Page /Annots [] >> >> 63 0 obj Amended Complaint "Motion") [ECF(the No. /Contents [114 0 R 115 0 R 116 0 R] Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages. This is a must-watch video before you consider whether to sue for injunction. This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. /Parent 12 0 R /Parent 11 0 R endstream endobj startxref endobj /Resources 397 0 R /Type /Page /Parent 13 0 R /Annots [] After the acquisition, Republic would control about 40 percent--and three firms over 75 percent--of the small container commercial waste hauling market, which has annual revenues of about $18 million. 41. /Parent 13 0 R 73 0 obj endobj /CropBox [0 0 612 792] /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] /Type /Page /Parent 11 0 R << 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] 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. /Parent 4 0 R /Rotate 0 21. 0000000016 00000 n /Resources 213 0 R To access the presentation, visit YouTube or click play on the embedded image below. 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. /Parent 8 0 R Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /Contents [406 0 R 407 0 R 408 0 R] >> 92 0 obj 71 0 obj 18. WEST PALM BEACH DIVISION . 48 0 obj 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. 5.) endobj Parties 13. 63. 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. /Type /Page endobj /MediaBox [0 0 612 792] Therefore, its important to not consider it a tool for righting a wrong. 19 0 obj Does the injunction provide broad or limited relief? Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? "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. #%$""!&+7/&)4)! >> << 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. ( Secure .gov websites use HTTPS 0000001275 00000 n /CropBox [0 0 612 792] After the acquisition, Republic would control over 85 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. >> /Resources 105 0 R /Contents [238 0 R 239 0 R 240 0 R] /Resources 301 0 R 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. 44. /Contents [386 0 R 387 0 R 388 0 R] 0000002929 00000 n /Parent 9 0 R /Parent 9 0 R /Contents [118 0 R 119 0 R 120 0 R] did not involve a claim for declaratory relief. /Rotate 0 /Rotate 0 /Rotate 0 /Parent 7 0 R /Type /Metadata Roll-off waste collection customers typically generate bulkier items of waste and/or substantially larger volumes of waste than residential or small container commercial waste customers from sources such as construction sites or industrial plants. << 80 0 obj /Resources 189 0 R /Contents [218 0 R 219 0 R 220 0 R] /Contents [262 0 R 263 0 R 264 0 R] /MediaBox [0 0 612 792] /Parent 11 0 R << endobj endstream Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. /Resources 377 0 R /Type /Page /Type /Page >> 79 0 obj } !1AQa"q2#BR$3br Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing endobj /Rotate 0 >> 15. << /Annots [] endobj endobj >> 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. /CropBox [0 0 612 792] /Subtype /XML 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . /Annots [] "New York City, NY area" means the Borough of Brooklyn, New York. << After the acquisition, Republic would control about 31 percent--and two firms over 80 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $24 million. Defendant is defined as a "Public Accommodation" within meaning of Title III 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. /Parent 8 0 R /Type /Page /Contents [378 0 R 379 0 R 380 0 R] 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. /CropBox [0 0 612 792] /Contents [226 0 R 227 0 R 228 0 R] "MSW" means municipal solid waste, a term of art used to describe solid putrescible waste generated by households and commercial establishments such as retail stores, offices, restaurants, warehouses, and non-manufacturing activities in industrial facilities. Rather, its about dealing with the future, not something that happened in the past. /Contents [282 0 R 283 0 R 284 0 R] /Contents [346 0 R 347 0 R 348 0 R] << 68. 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. /Nums [0 6 0 R] /Annots [] Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. 66. /Parent 10 0 R /Resources 145 0 R . /MediaBox [0 0 612 792] /Contents [166 0 R 167 0 R 168 0 R] /Annots [] >> 0000001149 00000 n /Annots [] /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Resources 237 0 R Injunctive relief is considered an extraordinary remedy in both State and Federal court. /Resources 365 0 R ( &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id /Annots [] /MediaBox [0 0 612 792] endobj Allied is located in and transacts business in the District of Columbia, and Republic submits to the personal jurisdiction of the District of Columbia in this proceeding. >> 4. /Parent 9 0 R In the Anderson, IN and New York City, NY areas, entry by any new MSW disposal facility would be an extremely costly and time-consuming process, and unlikely to prevent market incumbents from significantly raising prices for the disposal of MSW following the acquisition. 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. /Rotate 0 /MediaBox [0 0 612 792] 62. ( /Rotate 0 Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. /MediaBox [0 0 612 792] 3 0 obj Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. /Parent 13 0 R /Contents [98 0 R 99 0 R 100 0 R] endobj /Rotate 0 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. JURISDICTION AND VENUE 1. /Parent 8 0 R endobj 58 0 obj /Annots [] << endobj An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. /Type /Pages The Corps' environmental analysis for this project is based on the same assumptions and >> % prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. << MSW generated by residential customers, on the other hand, is often collected by either local governments or by private haulers pursuant to contracts bid by, or franchises granted by, municipal authorities. /Type /Page /Annots [] 25 0 obj <> endobj >> The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. << "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. /Contents [306 0 R 307 0 R 308 0 R] /Resources 113 0 R Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. << trailer This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. << SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. /Annots [] endobj /Resources 409 0 R 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). 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. /Resources 297 0 R This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. /Resources 293 0 R /Type /Catalog /MediaBox [0 0 612 792] endobj 52. /Annots [] This is an action for injunctive relief. /Parent 11 0 R In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. This Court has supplemental jurisdiction over the State of Florida's state claims pursuant to COMPLAINT -3-q;;m: @ii$$1$$ &JIIJAI JKQI !.1 i&%iiM tv . << 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. /Type /Page Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. /Annots [] /Contents [294 0 R 295 0 R 296 0 R]