Posted 12/3/2018 12:00 am
Updated 5 days ago
Paschal Heating & Air Conditioning Co. Inc. of Springdale is scheduled to argue in Washington County Circuit Court on Monday for a permanent injunction against a new company Paschal accuses of stealing its private information.
Paschal filed a lawsuit on Tuesday asking for temporary and permanent injunctions against Franklin Heating & Air.
Circuit Judge Doug Martin granted the temporary injunction and scheduled a hearing for the morning of Dec. 3.
The suit, filed for Paschal by attorneys Jeff Fletcher, Scott Jackson and Andrew Tarvin of Kutak Rock in Fayetteville, alleges that a former Paschal employee copied and exported customer information, pricing data and other material before leaving Paschal a few weeks ago.
The employee, David Loudon, is named as a defendant, along with former Paschal employees Tracy Davenport and Mary Smith.
Loudon is a co-owner of Franklin, which the suit said began business as a company just a couple of months ago. Loudon worked for Paschal from 2009-13 and again from 2016 until October.
“Long story short, Goliath is trying to stomp a David,” Will Gilbrech, another co-owner of Franklin, said last week.
After talking with Franklin’s attorney, Tim Hutchinson of Reese Moore & Pendergraft in Fayetteville, Gilbrech emailed the following statement:
“We see this as an attempt to limit consumer choice in northwest Arkansas. Paschal has long been the expensive option when it comes to heating and air conditioning, and they resent the entry of a low-priced competitor. Their allegations are absolutely false.”