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Systems Spray-Cooled, Inc. v. FCH Tech, LLC

United States District Court, W.D. Arkansas, El Dorado Division

June 27, 2017

SYSTEMS SPRAY-COOLED, INC., Plaintiff
v.
FCH TECH, LLC, WILLIAM HENRY, AND J. MICHAEL CAMPBELL, Defendants.

         JURY DEMANDED

          CONSENT JUDGMENT AND AGREED INJUNCTION

          Susan O. Hickey United States District Judge

         Plaintiff, Systems Spray-Cooled, Inc., filed civil action number l:16-cv-1085-SOH on September 20, 2016 against Defendants FCH Tech, LLC ("FCH"), William Henry ("Henry"), and J. Michael Campbell ("Campbell") asserting claims for (1) violation of the Federal Defense of Trade Secrets Act of 2015 (18 U.S.C. § 1832 et seq.); (2) violation of the Arkansas Trade Secrets Act (A.C.A. § 4-75-001 et seq.); (3) breach of employment agreement; (4) tortious interference with business expectancy; (5) breach of fiduciary duty; (6) unjust enrichment; and (7) violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) FCH, Henry, and Campbell (collectively, the "Defendants") now stipulate and consent to the Court's entry of this Consent Judgment and Agreed Injunction.

         NOW THEREFORE, upon consent of the parties, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

         1. The Court has subject matter jurisdiction over this action pursuant to at least 15 U.S.C. §1331 and 1332(a).

         2. This Court has personal jurisdiction over FCH, Henry, and Campbell under 28 U.S.C, §1391 inter alia because they are doing business in the State of Arkansas, including in this District.

         3. Systems Spray-Cooled, Inc. is in the business of water-cooling industrial equipment used to make steel, such as electric arc furnaces, ladle metallurgical furnaces, basic oxygen furnaces, and submerged arc furnaces.

         4. From October 19, 1992 until February 18, 2013, Defendant Campbell was employed by Plaintiff, Systems Spray-Cooled, Inc., a Tennessee corporation, and/or one of its related companies (including its parents, subsidiaries, and/or affiliates), which the Court refers to collectively in this Consent Judgment and Agreed Injunction as "SSC, "

         5. Defendant Henry is also a former employee of Plaintiff Systems Spray-Cooled, Inc. Henry was employed by Systems Spray-Cooled, Inc. from January 15, 2007 until October 11, 2013.

         6. In October of 2015, Campbell and Henry formed Defendant FCH, a Tennessee limited liability company. Campbell and Henry are the sole members of Defendant FCH.

         7. Plaintiff Systems Spray-Cooled, Inc. is a provider of Low Pressure Spray Cooling systems used for cooling furnaces, and other equipment with extreme head loads, in the steel industry.

         8. The Court adopts the Parties' stipulated and agreed definitions of "Low Pressure Spray Cooling" (¶ 9) and "SSC Restricted Information" (¶ 10), below, for purposes of this Consent Judgment and Agreed Injunction.

         9. The Parties stipulate and agree that, for purposes of this Consent Judgment and Agreed Injunction, the term "Low Pressure Spray Cooling" means spraying water on a hot face of 3 furnace or furnace related components to cool the furnace or furnace related components during operation, inclusive of the furnace or furnace related components that are specifically designed to interface with such equipment.

         10. The Parties stipulate and agree that, for purposes of this Consent Judgment and Agreed Injunction, the term "SSC Restricted Information" means the following categories of documents, data, and knowledge, whether or not reduced to writing and/or other ...


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