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Carlson Environmental Consultants, PC v. Slayton

United States District Court, W.D. North Carolina, Charlotte Division

October 30, 2017

CARLSON ENVIRONMENTAL CONSULTANTS, PC, Plaintiff,
v.
SEAN SLAYTON, Defendant.

          AMENDED PRELIMINARY INJUNCTION

          Frank D. Whitney Chief United States District Judge.

         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:

         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 ...

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