$4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! Pursuant to the purchase agreements, Allied would acquire from Superior: hauling assets in Albany, New York; hauling assets in Augusta, Georgia; hauling assets in Memphis, Nashville and Clarksville, Tennessee; disposal assets in New York, New York; hauling assets in Norfolk, Virginia; and hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida. 45 0 obj /Annots [] The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary (PPP) election in Florida, scheduled for tomorrow, March 17, 2020, and cause large-scale voter disenfranchisement falling hardest on communities of color and other historically vulnerable populations. << ( 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. /Resources 401 0 R Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. << /Contents [166 0 R 167 0 R 168 0 R] Small Container Commercial Waste Collection Service. /Contents [402 0 R 403 0 R 404 0 R] endobj Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. Plaintiff LEAGUE OF WOMEN VOTERS OF FLORIDA ("LWVF" or the "League") is the Florida affiliate of the League of Women Voters of the United States. >> 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. /Rotate 0 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 $22 million. (2001). /CropBox [0 0 612 792] /Contents [386 0 R 387 0 R 388 0 R] /MediaBox [0 0 612 792] << and Florida Statute 86.011, et seq. /CropBox [0 0 612 792] 2320 14 /Contents [294 0 R 295 0 R 296 0 R] /Parent 11 0 R xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. /MediaBox [0 0 612 792] 33 0 obj /Filter /FlateDecode /MediaBox [0 0 612 792] << 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. /Contents [246 0 R 247 0 R 248 0 R] /Parent 11 0 R 0000001563 00000 n This is an action for permanent injunctive relief, declaratory relief, and /Parent 9 0 R clearly appears from specific facts shown by affidavit or by verified complaint that immediate or /Type /Page %PDF-1.4 % /Type /Page 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt 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] 42. /MediaBox [0 0 612 792] 4. /Parent 11 0 R /Contents [278 0 R 279 0 R 280 0 R] ( << << /CropBox [0 0 612 792] endobj endobj /Parent 13 0 R /Parent 13 0 R endobj 24. << /Annots [] /Rotate 0 The HHI takes into account the relative size and distribution of the firms in a market and approaches zero when a market consists of a large number of firms of relatively equal size. >> /Resources 409 0 R >> /Parent 10 0 R 82 0 obj Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. 43 0 obj endstream endobj 29 0 obj <>stream 61. 85 0 obj /Parent 10 0 R REPUBLIC SERVICES, INC., 110 S.E. /Parent 13 0 R /MediaBox [0 0 612 792] << /CropBox [0 0 612 792] /Resources 357 0 R 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. /Parent 11 0 R >> /MediaBox [0 0 612 792] /Annots [] Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. << /Contents [218 0 R 219 0 R 220 0 R] /Rotate 0 /Rotate 0 /MediaBox [0 0 612 792] 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. /CropBox [0 0 612 792] /CropBox [0 0 612 792] ( 14 0 obj << 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. "0A149;>>>%.DIC; C Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . /Rotate 0 34. 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 . /Resources 213 0 R Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit /Annots [] /Parent 8 0 R 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. /Annots [] ( >> /MediaBox [0 0 612 792] endobj The customer's MSW is stored in much smaller containers (e.g., garbage bags or trash cans) and instead of FEL trucks, waste collection firms routinely use REL or side-load trucks, manned by larger crews (usually, two-or three-person teams). << 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. 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. /Type /Page endobj 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. 54. ( 26. /Count 10 hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` Allied and Republic directly compete in small container commercial waste collection service in a number of markets nationwide, including the areas of: Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA. /Contents [358 0 R 359 0 R 360 0 R] /Annots [] /Parent 10 0 R /MediaBox [0 0 612 792] In the Clarksville, TN area, the acquisition would reduce from five to four the number of significant firms competing in the collection of small container commercial waste. /Creator (PScript5.dll Version 5.2.2) Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. /Annots [] 0000001641 00000 n 37 0 obj /Parent 10 0 R Alexdex. << /Resources 281 0 R /Resources 205 0 R >> /CropBox [0 0 612 792] 76 0 obj <> endobj "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. /Resources 377 0 R Allied and Republic directly compete in the disposal of waste in a number of markets nationwide, including the Anderson, IN; New York City, NY; and Macon, Georgia areas. /Rotate 0 .+p>hPhb4yiK=c`/XOv@|fe`iY /Contents [142 0 R 143 0 R 144 0 R] endobj ( /CropBox [0 0 612 792] >> /Rotate 0 /Rotate 0 /Count 10 startxref /Contents [306 0 R 307 0 R 308 0 R] CASE NO. %%EOF /Annots [] 8. 3. An official website of the United States government. ( /MediaBox [0 0 612 792] /Rotate 0 << >> /Resources 369 0 R 58 0 obj 78 0 obj /Type /Page /MediaBox [0 0 612 792] 62 0 obj /Annots [] 2201-202, and . #%$""!&+7/&)4)! /Annots [] /Annots [] 68 0 obj /Rotate 0 Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. /Parent 7 0 R Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /Rotate 0 /Type /Page Often businesses do not consider the implications for taking this action. << 9. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. 25 0 obj <> endobj 0000001852 00000 n 0000000556 00000 n /MediaBox [0 0 612 792] 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 . /Resources 169 0 R ("MFS"), is a Florida corporation that has a principal place of . After the acquisition, Allied would be a monopolist controlling over 98 percent of the small container Commercial waste hauling market, which has annual revenues of about $5 million. 0 /Type /Page /Parent 9 0 R /Type /Pages In 1999, Allied reported total revenues of approximately $6 billion. /MediaBox [0 0 612 792] Markets in which the HHI is between 1000 and 1800 points are considered to be moderately concentrated, and those in which the HHI is in excess of 1800 points are considered to be highly concentrated. Garcia is a resident of North Lauderdale, Fl orida. 0000001373 00000 n 4. /Type /Page /Type /Page Charles B. Jimerson On August 20, . /Rotate 0 52. /Count 79 To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. ( /CropBox [0 0 612 792] /Contents [382 0 R 383 0 R 384 0 R] /Resources 397 0 R endobj 12102(1)-(2), the regulations implementing the . 34 0 obj /Type /Page : 01-42230-BKC-AJC . 23 0 obj /Type /Page << >> /Parent 9 0 R /MediaBox [0 0 612 792] 2201 a nd 2202. 0000006259 00000 n ( US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. 18. /Annots [] /Length 3282 Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. endobj /Contents [226 0 R 227 0 R 228 0 R] /Contents [154 0 R 155 0 R 156 0 R] endobj As a result, Austin begins the presentation by sharing some of the things you should think about before pursuing an injunction: There is a lot on the line. /Resources 217 0 R >> /Contents [102 0 R 103 0 R 104 0 R] /Annots [] /MediaBox [0 0 612 792] /Type /Page The Macon, GA area is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the ClaytonAct. ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx Firms that compete in the disposal of MSW generated in the Anderson, IN or New York City, NY areas can profitably increase their charges for disposal of MSW generated in each area without losing significant sales to more distant disposal sites. 47 0 obj /CropBox [0 0 612 792] There are no good substitutes for MSW disposal. endobj /Parent 12 0 R /Parent 13 0 R /Type /Pages >> /CropBox [0 0 612 792] Should you request a temporary injunction or push quickly for final permanent injunction. xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC 66 0 obj /Annots [] 51 0 obj endobj The President of the United States and the Governor of Florida have each declared a state of emergency. /Annots [] /CropBox [0 0 612 792] 41 0 obj /Contents [146 0 R 147 0 R 148 0 R] /Annots [] 27. /MediaBox [0 0 612 792] 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. D. Entry Into Commercial Waste Collection of MSW. competition generally in small container commercial waste collection service 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 will be lessened substantially; actual and potential competition between Allied and Republic in small container commercial waste collection service 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 will be eliminated; prices charged by small container commercial waste collection firms 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 will likely increase; competition generally in disposal of MSW in the Anderson, IN and New York City, NY area markets will be lessened substantially; actual and potential competition between Allied and Republic in disposal of MSW in the Anderson, IN and New York City, NY area markets will be eliminated; prices for disposal of MSW in the Anderson, IN and New York City, NY area markets likely will increase; competition generally in roll-off waste collection service in the Macon, GA area market will be lessened substantially; actual and potential competition between Allied and Republic in roll- off waste collection service in the Macon, GA area market will be eliminated; and.