Carlson Environmental Consultants, PC v. Slayton

Filing 40

AMENDED PRELIMINARY INJUNCTION. Signed by Chief Judge Frank D. Whitney on 10/30/17. (mga)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
Charlotte DIVISION
DOCKET NO. 3:17-cv-00149-FDW-DCK
CARLSON
ENVIRONMENTAL )
CONSULTANTS, PC,
)
)
Plaintiff,
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vs.
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)
SEAN SLAYTON,
)
)
Defendant.
)
)

AMENDED
PRELIMINARY INJUNCTION

THIS MATTER is before the Court on Defendant’s Motion for Reconsideration (Doc. No.
34) on this Court’s ordered Preliminary Injunction (Doc. No. 32).

Plaintiff responded in

opposition, Defendant replied, and this matter is now ripe for consideration. For the reasons that
follow, the Court GRANTS the motion for reconsideration with modification.
In short, the Court is persuaded by Defendant’s arguments and supporting evidence that
demonstrate the Preliminary Injunction improperly limits Defendant’s ability to perform his job as
a Landfill Gas Well Driller in a safe manner. The Court, however, is not persuaded that Defendant
should be permitted to manage, schedule, supervise, or be the lead coordinator for services
associated with a Drilling Manager or Drilling Superintendent.
IT IS THEREFORE ORDERED that Defendant’s Motion for Reconsideration (Doc. No.
34) is GRANTED in part and the Court modifies its prior Preliminary Injunction (Doc. No. 32) as
follows:

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Specifically, IT IS ORDERED that the Defendant Sean Slayton, is immediately restrained
and enjoined from the following within the Restricted Territory, defined to mean the United States,
during the pendency of this action:
1.

Developing, marketing, soliciting, selling, or otherwise providing or performing
services identical to those services that he developed, marketed, solicited, sold,
provided or performed while employed with CEC, except that Slayton will be
permitted to remain employed with Landmarc so long as he is only providing
services of a Landfill Gas Well Driller.
a.

As defined herein, and as set forth in the affidavit of Sean Slayton (¶21)
submitted in this matter, a Landfill Gas Well Driller “simply operate[s] the
drill rig to drill the hole in the location identified and to the depth instructed
by the engineering firm.”

b.

A Landfill Gas Well Driller is further defined as follows: a heavy equipment
operator that specializes in the operation of drill equipment such as, but not
limited to, Caterpillar IMT, Soilmec SR and Bauer-Pileco Drill Rigs. A
driller is a non-manager operating a drill rig. The driller is responsible for
drilling a bore hole to a specified depth. Drilling activities typically occur
as a part of oil & gas wellfield drilling, bridge pier drilling, water well
drilling and other well drilling that would not violate the other parts of this
injunction. The driller is typically managed by an onsite Drilling
Manager/Drilling Superintendent or Onsite Engineer.

c.

A Landfill Gas Well Driller is further defined as someone who performs the
following functions:
i. Moving the drill rig and drill equipment from well location to well
location;
ii. Attending pre-construction meetings, progress meetings, and other
project-related meetings, including safety meetings;
iii. Assisting with, but not managing, the drill completion team as needed
with the installation of the well-case pipe, installation of the well
aggregate/well back fill material, and installation of the well bore
seal(s);
iv. Assisting with, but not managing, the pad construction team to build
drill pads and defining the set up location, construction sequence, and
timing prior to drilling the well; and
v. Assisting with, but not managing, the preparation, review, and signing
of the well drill schedule.

2. Performing any services associated with a Drilling Manager or Drilling Superintendent,
including, at a minimum, the following:

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Preparing bids, proposals, and responses to Requests for Proposal
Coordinating with Client/Site Owner prior to mobilization
Serving as the main point of contact to client while onsite, although a Landfill
Gas Well Driller is not excluded from having client contact while onsite regarding
safety issues
Scheduling of the drill rig and drill equipment transport from landfill to landfill
Scheduling the moving of drill rig and drill equipment from well location to well
location, although a Landfill Gas Well Driller is permitted to transport or move
the drill rig and drill equipment from well location to well location
Scheduling pre-construction meetings, progress meetings and conducted other
project related meetings
Contacting vendors, clients, site owners for parts, materials, and equipment
repairs/maintenance/service prior to mobilization or throughout a project;
although a Landfill Gas Well Driller may request an appropriate supervisor to
perform this function if the Landfill Gas Well Driller identifies a need for
equipment repair/maintenance/service prior to mobilization or throughout a
project
Managing and Scheduling the drill completion team which includes heavy
equipment operators and helpers for the following;
o Supervising installation of the well casing pipe
o Supervising installation of the well aggregate/well backfill material
o Supervising installation of the well bore seal(s)
Managing pad construction team which includes heavy equipment operators and
helpers for the following;
o Supervising laborers and equipment operators to build drill pads
o Supervising setup location, construction sequence, and timing prior to
drilling the well
Scheduling mechanics for routine services and repair of the drill rig
Scheduling of rental equipment
Contacting vendors for drill tools, drill buckets and Kelly bars
Arranging hotel rooms and accommodations for crew on a project
Overseeing or managing the preparation, reviewing and signing the well drill
schedule, although a Landfill Gas Well Driller may assist with this
Completing material inventory of parts available for the project
Managing and completing DOT paperwork for company vehicles and drivers
Managing or leading any safety meetings, although a Landfill Gas Well Driller
may attend safety meetings and provide input as necessary

IT IS FURTHER ORDERED that all other provisions in this Court’s previous Order and
Preliminary Injunction (Doc. No. 32) shall remain unchanged.

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IT IS FURTHER ORDERED that this Amended Preliminary Injunction shall remain in
effect until further order of this Court or a final determination of this matter after a hearing on the
merits.
IT IS SO ORDERED.

Signed: October 30, 2017

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