appeal and application for supervisory review from the
Twenty-Third Judicial District Court In and for the Parish of
Assumption State of Louisiana Docket No. 34, 270, Honorable
Jason Verdigets, Judge Presiding
Leopold Z. Sher James M. Garner Peter L. Hilbert, Jr. Neal J.
Kling Jeffrey D. Kessler Jonathan B. Cerise Martha Y. Curtis
Christopher T. Chocheles New Orleans, LA, Robert Ryland Percy
III Travis J. Turner Gonzales, LA Katie D. Bell Bradley C.
Myers Troy J. Charpentier Baton Rouge, LA Dane S. Ciolino
Metairie, LA Eric J. Mayer Houston, TX, Counsel for Third
-Party Plaintiff/Appellant Texas Brine Company, LLC
Cheatwood Kent A. Lambert Adam B. Zuckerman Paul C.
Thibodeaux Matthew S. Chester Colleen C. Jarrott Matthew C.
Juneau Joseph A. Atiyeh Tyler L. Weidlich New Orleans, LA,
Tony M. Clayton Port Allen, LA, Counsel for Third -Party
Defendant/Appellee Vulcan Materials Company
BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.
appeal, and related supervisory writ application, stem from a
judgment denying a request for the issuance of a preliminary
injunction. For the following reasons, we affirm.
AND PROCEDURAL HISTORY
1975, Texas Brine Company, LLC acquired a lease to produce
salt from a salt dome located under 40 acres of land in
Assumption Parish ("Salt lease"), which land
belongs to Occidental Chemical Corporation ("Oxy
Chem"). Texas Brine later assigned its interest in
the Salt lease to Vulcan Materials Company in 1976, but
remained the operator of the brine production wells and
related facilities pursuant to certain operating and supply
agreements executed by Texas Brine and Vulcan Materials
Company in 1975 and 2000.
2004, Basic Chemicals Company purchased the assets,
properties, rights, contracts, and claims of Vulcan Materials
Company. Then in 2005, Vulcan Materials Company assigned to
Basic Chemicals Company all of its legal and beneficial
rights, title, and interest of any kind or character in all
business contracts. At the time of the acquisitions from
Vulcan Materials Company, Oxy Chem held all of the
outstanding equity interest in Basic Chemicals
2012, a large sinkhole appeared on the aforementioned Oxy
Chem land in Assumption Parish following the collapse of a
portion of the salt dome beneath the land. Several persons
and entities claiming personal injuries and loss of property
and business due to the sinkhole filed a petition for damages
on May 29, 2013, naming as defendants Texas Brine, Oxy Chem,
the State of Louisiana through the Department of Natural
Resources, and Miller Engineering & Associates, Inc.
Texas Brine and Oxy Chem filed separate answers to the
petition, generally denying liability and raising various
affirmative defenses to the plaintiffs' claims. Oxy Chem
additionally filed a separate cross claim against Texas Brine
for damages sustained to its property, for breach of
contract, and for contribution and indemnification to the
extent it is found liable to the plaintiffs. Texas Brine, in
turn, filed a demand to arbitrate certain disputes between it
and Oxy Chem pursuant to the provisions of the 2000 Amended
and Restated Operating and Supply Agreement that Texas Brine
had executed with Vulcan Materials Company. Years later,
however, Texas Brine sought to terminate the arbitration.
5, 2017, Texas Brine filed a request for injunctive
relief in the instant action, seeking the
issuance of preliminary and permanent injunctions, after due
proceedings, to enjoin Oxy Chem from proceeding with the
arbitration. Texas Brine then filed a motion for preliminary
injunction on July 7, 2017, again requesting that Oxy Chem be
enjoined from proceeding with arbitration. The basis for both
pleadings is Texas Brine's assertion that Oxy Chem is not
a valid assignee of the 2000 Amended and Restated Operating
and Supply Agreement between Texas Brine and Vulcan Materials
Company, which contains the provision for arbitration.
hearing on the request for a preliminary injunction was held
October 23, 2017. After taking the matter under advisement,
the trial court issued written reasons and signed a judgment
on November 15, 2017, denying Texas Brine's motion for
preliminary injunction. Pursuant to La. C.C.P. art. 3612,
Texas Brine devolutively appeals the November 15, 2017
judgment denying its motion for preliminary injunction. Texas
Brine also filed an application for supervisory writs
challenging the judgment, which application was referred to
this panel to decide in conjunction with the related appeal.
See Marchand v. Texas Brine Company, LLC, 17-1713
(La.App. 1st Cir. 5/14/2018) (unpublished writ action).
preliminary injunction is essentially an interlocutory order
issued in summary proceedings incidental to the main demand
for permanent injunctive relief. It is designed to and serves
the purpose of preventing irreparable harm by preserving the
status quo between the parties pending a determination on the
merits of a controversy. Farmer's Seafood Co., Inc.