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 50 of 139 personal Yahoo! account. None of the emails was from Bell or Cammarata. The following exchange occurred: Q: Is there any reason that you don’t have any emails from this same time frame from Mr. Cammarata? A. Yes. Q. Why is that? A. We deleted them. We had a policy that we would delete e-mails during the start-up after two weeks. (Docket Entry No. 313, Ex. F, Deposition of Michael DeHarde at 18:14–:21). DeHarde testified that he, Bell, Cammarata, and Janowsky had agreed on this email-deletion policy. According to DeHarde, this agreement was made “[s]ometime in the fall of 2006, fall or summer, 2006,” while he was still working at Rimkus. (Id. at 34:24–:25). DeHarde testified that there was no discussion with Bell or Cammarata about suspending or modifying this policy once they decided to file the Louisiana lawsuit or when they did so on November 15, 2006. DeHarde acknowledged that he had deleted all emails that Cammarata sent to his Yahoo! account. The deposition continued: Q. And those were emails that specifically related to discussions you were having about leaving Rimkus and forming a new business? A. Yes. Q. And part of the motivation for that was to make sure that there wasn’t evidence of those communications, correct? A. We had a policy to delete the emails after two weeks, and I followed the policy. 50
Case 4:07-cv-00405 Document 450 Filed in TXSD on 02/19/10 Page 51 of 139 (Id. at 35:1–:9). DeHarde testified that the policy remained in effect after the Louisiana state suit was filed. (Id. at 34:9–:14). On June 11, 2009, the defendants produced approximately 103 pages of emails sent in the fall of 2006. The emails include communications among the defendants clearly responsive to long-standing Rimkus discovery requests. These emails were forwarded from Gary Bell to defense counsel Larry Demmons on May 15, 2009. These emails were only a portion of those sent or received by Bell, Cammarata, and DeHarde beginning in the fall of 2006, relating to U.S. Forensic. Rimkus was able to obtain numerous additional emails via subpoena from the defendants’ internet service providers and email providers. Most were produced by Homestead. These emails show that Bell and Cammarata contacted Rimkus clients in November and December 2006 to solicit business for U.S. Forensic. The following emails were obtained from Homestead: C C C On November 9, 2006, Bell emailed Doug Delaune of Southern Farm Bureau Casualty Insurance and attached U.S. Forensic’s marketing materials. (Docket Entry No. 324, Ex. F). Bell asked for Delaune’s help in getting U.S. Forensic on Farm Bureau’s approved list and invited Delaune to meet. (Id.). On November 15, 2006, Bell emailed Stephanie Jackson of Louisiana Citizens Property Insurance and attached “initial company information on U.S. Forensic.” (Docket Entry No. 321, Ex. L-2). Bell thanked Jackson for “speaking with [him] last week” and asked for a meeting “some time next week” to “go over our capabilities, capacities, the company insurance coverages, and how we plan to improve on services to Citizens.” (Id.). Bell stated that U.S. Forensic would be “officially open for business tomorrow” and that he “hope[d] we get a chance to continue working with you.” (Id.). On November 15, 2006, Bell emailed Don Livengood, a Fidelity National 51
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Rimkus Consulting Group Inc. v. Cammarata - Ballard Spahr LLP

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