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 42 of 139 After the Louisiana state court ruled that the noncompetition and nonsolicitation clauses in the Employment Agreements were unenforceable under Louisiana law, Bell, Cammarata, and DeHarde moved for summary judgment on the remaining claims asserted in Rimkus’s reconventional demand in the Louisiana lawsuit. The summary judgment motion cited only Texas cases and sought judgment as a matter of Texas law. Rimkus responded to the motion and argued that summary judgment was inappropriate under Texas law. The Louisiana state trial court heard oral argument from the parties on the viability of these claims under Texas law. On May 11, 2009, the Louisiana court issued an order stating that “after reviewing the evidence, the law and arguments of counsel . . . IT IS ORDERED, ADJUDGED, AND DECREED that the Motion for Summary Judgment is GRANTED, and the reconventional demands of the plaintiffs-in-reconvention, Rimkus Consulting Group, Inc. and Rimkus Consulting Group, Inc. of Louisiana, are DISMISSED WITH PREJUDICE, each party to bear its own costs.” (Docket Entry No. 309, Ex. G). The defendants in this case, Bell and Cammarata, argue that the Louisiana state court’s ruling dismissing these claims is entitled to preclusive effect. B. Discovery In the fall of 2007, Rimkus sought “documents, including emails, related to Cammarata’s and Bell’s communications with one another and with other U.S. Forensic, L.L.C. members concerning the creation and inception of U.S. Forensic, L.L.C., their roles with the company, and contact with clients.” (Docket Entry No. 313 at 4). Rimkus deposed Cammarata in October 2007. In response to a subpoena duces tecum issued for that 42
Case 4:07-cv-00405 Document 450 Filed in TXSD on 02/19/10 Page 43 of 139 deposition, Cammarata produced two emails relevant to the formation of U.S. Forensic. In November 2007, Rimkus served the defendants with a request to produce all such documents, including all emails sent among those setting up or working for U.S. Forensic before January 1, 2007. The defendants objected to this request as overbroad because it could include irrelevant personal emails and “day-to-day emails regarding the operation of U.S. Forensic’s business,” but stated that they “searched several times for any such responsive emails and turned over any responsive emails in their possession.” (Docket Entry No. 345 at 47). Rimkus asserts that from November 2007 to June 11, 2009, despite repeated requests, the defendants did not produce any emails. In June 2009, the defendants produced approximately sixty emails sent by the defendants and others involved with U.S. Forensic during the fall of 2006. (Docket Entry No. 313 at 4). In the spring of 2009, Rimkus noticed the depositions of Gary Bell, William Janowsky, and Michael DeHarde. Each was served with a subpoena duces tecum seeking any email communications about U.S. Forensic’s formation. On March 7, 2009, Bell testified in his deposition that he had “printed out the things that [he] thought might be responsive, and sent it to [his attorney], when [he] first received the first request” for these emails. (Docket Entry No. 314, Ex. 6, Deposition of Gary Bell, Vol. 1 at 16:24–17:2). Bell testified that it was his custom to delete an email after completing the task for which he needed the email but that he might have saved some relevant, responsive emails on his personal computer until the related tasks were completed. (Id. at 15:21–16:4). When asked whether he still had that personal computer, Bell testified that he had donated it to charity in 43
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Rimkus Consulting Group Inc. v. Cammarata - Ballard Spahr LLP

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