T&S Brass and Bronze Works Inc et al v. Slanina et al

Filing 49

ORDER granting 41 Motion to Amend Amended Motion to Amend; finding as moot 16 Motion for Preliminary Injunction; finding as moot 29 Motion to Amend/Correct Signed by Honorable Mary Geiger Lewis on 12/14/2016.(abuc)

In the United States District Court
District of South Carolina
Greenville Division
)
T&S Brass and Bronze Works, Inc. and )
)
EnviroPure Systems, LLC,
)
)
Plaintiffs,
)
v.
)
)
James Slanina, James Taylor, Linda
)
Basinger, and Advantagreen,
)
)
Defendants.

C.A. No. 6:16-cv-03687-MGL

CONSENT ORDER OF DEFENDANT
TAYLOR RE PLAINTIFF’S AMENDED
MOTION FOR PRELIMINARY
INJUNCTION

Order
With respect to Plaintiffs’ Motion for a Preliminary Injunction, Defendant James
Taylor (“Taylor”) voluntarily consents to the following forms of injunctive relief, and
Plaintiffs stipulate that the entry of this Order resolves the issues as to the relief requested
in Plaintiffs’ Motion for Preliminary Injunction and Amended Motions for Preliminary
Injunction (Docket Entries 16, 29, and 41) as to Defendant Taylor.
Taylor will refrain from:
1.

Altering, erasing, deleting, destroying, and/or modifying any computer or
computerized device or electronic storage device in his possession,
custody, or control where information that is potentially relevant to this
litigation is likely to be stored;

2.

Using or disclosing the plaintiffs’ trade secrets and/or confidential,
proprietary, and/or sensitive information;

3.

Developing, marketing, selling, or exercising any ownership or dominion
over products or services in the food waste disposal industry in violation of
his Covenants Agreements;

4.

Conducting any business with, assisting, consulting with, or communicating
about the food disposal industry with Karen or Daniel Wordsworth, X-Met,
Bond of London, or OMPECO, or any employees, agents, or affiliates
thereof
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5.

Disparaging Plaintiffs and their principals, including Claude Theisen.

6.

Entering into any employment relationship with any person or entity for the
purpose of developing, manufacturing, or selling any food disposal systems,
Biomix, and/or any chemical providing the same or substantially similar
function.
In addition, Taylor will:

7.

Comply with all obligations of his Covenants Agreements, including the
cessation of all activities relative to the manufacture, distribution, sale, or
marketing of food waste disposal systems, Biomix, and/or any chemical
providing the same or similar function’

8.

Preserve all copies of communications and documents, whether in paper or
electronic form, related to EnviroPure and/or any of its products, including
but not limited to all documents and data obtained, generated, or discovered
in the course and scope of Taylor’s business and professional activities
since December 1, 2012;

9.

Preserve all communications and documents regarding Taylor’s dealings
with X-Met, Karen Wordsworth, Danny Wordsworth, Hubbard-Hall,
Warehouse Associates, C.H. Robinson, AAA Bar & Catering, BN Green,
Foodwastemachine.com, and any other person or entity with whom Taylor
has communicated or dealt since January 1, 2013, regarding the marketing,
manufacture, or sale of food disposal machines, Biomix, and/or any
chemical providing the same or similar function;

10.

Return all equipment and nondocumentary property, such as electronic
devices, machines, parts, tools, etc. belonging to Plaintiffs that are still in
Taylor’s possession, custody, or control to Plaintiffs within five (5) days after
the date of this Order at Taylor’s expense’

11.

Itemize for Plaintiffs and hold in trust all funds received from the sale of
goods or services related to food disposal systems and related products
that Taylor received from January 1, 2016 forward except any payments
received directly from Plaintiffs.

Taylor waives any requirement that Plaintiffs post any bond or security with regard to this
Order.
This Order supersedes the Court’s Temporary Restraining Order (Docket Entry 11) as to
Defendant Taylor, which shall be dissolved as to him only contemporaneously with the
entry of this Order.

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This Injunction shall remain in effect during the pendency of this litigation unless
modified or vacated.
IT IS SO ORDERED.
s/Mary Geiger Lewis
Mary Geiger Lewis
United States District Judge
December 14, 2016
Greenville, South Carolina

WE CONSENT:

For the Plaintiffs:

s/ Brian P. Murphy
Brian P. Murphy
Stephenson & Murphy, LLC

For Defendant Taylor:

s/ Steven E. Buckingham
Steven Edward Buckingham
The Law Office of Steven Edward Buckingham,
LLC

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