Springfield-based Siemens subsidiary Turblex Inc. has alleged in a federal lawsuit that an ex-employee copied its confidential client list and used the data to solicit customers for his new business, which services Turblex products at a discount.
Turblex, which manufactures aeration blowers for wastewater treatment facilities and compressors for coal-fired power plants, is suing Michael Stouder, according to a complaint filed Oct. 6 in U.S. District Court. Turblex is located at 1635 W. Walnut St.
Stouder, of Springfield, is a former Turblex service technician who left the company in September 2008 and now owns Turbo Technician LLC, which Stouder operates from home as Turbo-Tech, court records show.
Stouder originally advertised on his Web site - www.turbo-technician.com - that customers could save 30 percent or more by hiring Turbo-Tech to service Turblex products, according to the suit. He has since removed the language to comply with a temporary restraining order filed Oct. 7.
The order, which expires Oct. 21, explicitly prohibits Stouder from soliciting Turblex customers and compels him to return any confidential information obtained from the company's files or databases.
Turblex has specifically alleged that Stouder breached the terms of an employee agreement he signed in May 1999 while employed with the company, court records show.
The agreement prohibited Stouder from competing with Turblex for two years following his last day of employment. He also agreed to surrender all proprietary information - including a confidential list of the company's clientele and a training compact disc containing product specifications - upon his departure, court records show.
According to the suit, the client list includes the type of equipment each customer possesses and warranty information, as well as the client's gross sales and sales margins.
Turblex learned about Stouder's business when he contacted two of the company's customers to offer his discounted services, court records show.
In a no-nonsense letter dated Aug. 6, Siemens Energy Inc. Senior Counsel Denise Hansen reminded Stouder of the noncompete clause in the employment agreement he signed while at Turblex.
"You are instructed to hereby cease and desist any activities which violate your employment agreements," Hansen concluded the letter. "If solicitation of Turblex customers continues, Turblex/Siemens will take all necessary actions to enforce these agreements."
Turblex alleged in its suit that Stouder didn't heed the warning and later attempted to recruit other service technicians away from the company. The temporary restraining order in place also prohibits Stouder from soliciting Turblex employees who have signed noncompete agreements.
In separate counts laid out in the complaint, Turblex has accused Stouder of violating both the Missouri Uniform Trade Secrets Act and the Computer Fraud and Abuse Act, a federal law.
Turblex President and CEO Colby Mace referred questions about the litigation to Siemens Senior Counsel Hansen, who was out of the country on business and unavailable for comment. Turblex is seeking compensatory and punitive damages, as well as a permanent restraining order, court records show.
Stouder, who was reached by phone at his Springfield home, declined to comment. Springfield attorney Craig Preston with O'Reilly & Jensen LLC is representing Stouder.
Springfield businessman Guy Mace - Colby's father - sold his 49 percent ownership in Turblex, which he established in 1989 with Denmark-based compressor company HV-Turbo, to Germany-based Siemens AG, a global engineering behemoth with 2008 revenues of $97 billion, in September 2007. Siemens acquired majority ownership of Turblex in November 2006 with the acquisition of Germany-based AG Kuhnle, Kopp & Kausch, the parent company of HV-Turbo.
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