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 34 of 139 numbers, and email addresses of insurance and adjusting companies and certain employees. A separate guide is published for different geographical regions in the United States. Each guide is updated annually. Other publicly available guides, including “The Claims Pages,” the “Texas Legal Directory,” and the “Louisiana Blue Book,” contain similar information. Bell stated in his affidavit that when he formed U.S. Forensic, he “used the Casualty Adjusters Guide, the Louisiana Blue Book and other publicly available publications to find the names, addresses, phone numbers and email addresses of potential clients for U.S. Forensic.” (Id. 13). Bell also stated in his affidavit that he obtained contact information of potential clients for U.S. Forensic when he attended industry conventions and seminars. (Id. 15). Bell testified in his deposition about his primary sources for new client-contact information: “I would say, primarily, the internet was my – the – the main thing that I used right off the bat. As I got names, or as I called people and got other information, it would grow from there. But you can find all the adjusters available online, you can find them in the Casualty Adjusters book, you can find them wherever. It depends on where I’m trying to get business, maybe. But the internet is the best source, it’s the most complete source. You can specify your search to – you know, to insurance adjusters that are working for the company, who are not working for the company, you can get insurance claims office by state, you can adjusters’ license by state.” (Docket Entry No. 314, Ex. 6, Deposition of Gary Bell, Vol. 1 at 59:5–:21). Bell submitted an example of the sources of client-contact information available on the internet. (Docket Entry No. 309, Ex. V-8 pts. 1,2). Rimkus asserts that the testimony by Bell and Cammarata describing how they 34
Case 4:07-cv-00405 Document 450 Filed in TXSD on 02/19/10 Page 35 of 139 obtained client-contact information and denying that they took Rimkus confidential information when they resigned is false. Rimkus contends that Bell and Cammarata could not have obtained contact information for the individuals they emailed to solicit business unless they took the information with them when they left Rimkus. Rimkus points to an email Bell sent on December 10, 2006, in which he asked for a copy of the 2006 Louisiana Casualty Adjuster’s Guide because he did not yet have one. (Docket Entry No. 324, Ex. E). Rimkus also points to an October 1, 2006 email forwarded to Bell from an employee at Rimkus. This email contained contact information for insurance adjusters at Lexington Insurance, a Rimkus client. (Docket Entry No. 321, Ex. Q). 24 And, according to Rimkus, many of the insurance adjusters Bell and Cammarata contacted in November and December 2006 are not listed in the Louisiana Casualty Adjuster’s Guide. In late August 2009, Rimkus submitted information showing that Gary Bell maintained a previously undisclosed personal email address to which he forwarded information from Rimkus. In his March 8, 2009 deposition, Bell testified that the only email addresses he used during 2006 were glb@rimkus.com and garylbell@bellsouth.net. (Docket Entry No. 314, Deposition of Gary Bell, Vol. 2 at 247:10–:19). The deposition continued: Q: Are there any others? A: I don’t believe so. Q: You don’t have like a Hotmail address? 24 Rimkus alleges that Bell forwarded the October 1 email on October 5, 2006. The copy of the email submitted to the court does not clearly reflect a forward on October 5, 2006, but portions of the screen shot submitted are not legible. (Docket Entry No. 321, Ex. Q). 35
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Rimkus Consulting Group Inc. v. Cammarata - Ballard Spahr LLP

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