Rimkus Consulting Group Inc. v. Cammarata - Ballard Spahr LLP
Rimkus Consulting Group Inc. v. Cammarata - Ballard Spahr LLP
Rimkus Consulting Group Inc. v. Cammarata - Ballard Spahr LLP
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Case 4:07-cv-00405 Document 450 Filed in TXSD on 02/19/10 Page 33 of 139<br />
subpoena. The defendants either did not produce such emails or delayed doing so until late<br />
in the discovery.<br />
The parties vigorously dispute how Bell and <strong>Cammarata</strong> obtained the contact<br />
information necessary to send these solicitation emails to <strong>Rimkus</strong> clients. Bell and<br />
<strong>Cammarata</strong> assert that they did not misappropriate confidential client or other information<br />
from <strong>Rimkus</strong>. <strong>Cammarata</strong> testified at a hearing that he did not download or print any <strong>Rimkus</strong><br />
client list and did not take any written client list with him when he left. <strong>Cammarata</strong><br />
submitted an affidavit stating that when he resigned from <strong>Rimkus</strong>, he did not take any<br />
electronic or paper copies of <strong>Rimkus</strong> client lists or client-contact information and that he has<br />
“never used any <strong>Rimkus</strong> client lists or client contact information in [his] work for U.S.<br />
Forensic.” (Docket Entry No. 309, Ex. Y, Affidavit of Nick <strong>Cammarata</strong> 11–12). Bell also<br />
submitted an affidavit stating that when he resigned from <strong>Rimkus</strong>, he did not take any<br />
electronic or paper copies of <strong>Rimkus</strong> pricing information, investigative methods, report<br />
formats, operations manual, business plan, client lists, or client-contact information. (Id., Ex.<br />
V, Affidavit of Gary Bell 39–49). Bell stated that he has “never used any <strong>Rimkus</strong> client<br />
lists or client contact information in [his] work for U.S. Forensic.” (Id. 40). Bell also<br />
stated that he did not use his memory of <strong>Rimkus</strong> client-contact information to solicit business<br />
for U.S. Forensic. (Id. 41). Bell stated in his affidavit that he has used only publicly<br />
available information, primarily from the Casualty Adjuster’s Guides and the internet, to<br />
identify people to contact to solicit potential clients for U.S. Forensic. (Id.).<br />
The Casualty Adjuster’s Guide is a compilation of the names, addresses, phone<br />
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