Rimkus Consulting Group Inc. v. Cammarata - Ballard Spahr LLP

Case 4:07-cv-00405 Document 450 Filed in TXSD on 02/19/10 Page 52 of 139
representative with whom Bell and Cammarata had dealt while employed at
Rimkus. (Docket Entry No. 321, Ex. L-1). Bell attached to the email “initial
company information on U.S. Forensic” and asked to meet with Livengood to
“go over the insurance coverages, the non compete agreement for Orleans
Parish and our capacity to do jobs out of state.” (Id.). Livengood responded
that he would “be in touch with you next week about working our jobs.” (Id.).
Bell replied that he and Cammarata were “looking forward to working with
you again.” (Id.).
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On November 27, 2006, Bell emailed Bill Eckert of Ungarino Eckert and
Tommy Dupuy of Cunningham Lindsey to introduce U.S. Forensic and solicit
business. (Docket Entry No. 324, Exs. L, N). Ungarino Eckert and
Cunningham Lindsey had been Rimkus clients and the record shows that Bill
Eckert worked with Bell while he was still employed at Rimkus. (Id., Ex. M).
On December 1, 2006, Bell sent an email to “info@usforensic.com,” with
blind copies apparently addressed to numerous individuals. (Id., Ex. P at 4).
The email introduced U.S. Forensic, “a Louisiana and Mississippi licensed
forensic engineering firm which specializes in evaluation of civil, structural
and mechanical failures.” (Id.). Bell highlighted the experience of U.S.
Forensic’s engineers and attached their resumes and U.S. Forensic brochures.
The email included a link to U.S. Forensic’s web site and invited recipients to
contact Bell for more information. (Id.). Two recipients of that email were
Cary Soileau of Allstate Insurance and Dianna Drewa of Fidelity National
Insurance Company, both Rimkus clients. (Docket Entry No. 324, Exs. P, Q,
R). Bell had worked with Soileau while employed by Rimkus. After Bell left
Rimkus, he asked Soileau to provide contact information for Allstate
employees Claudia Danesi and Julie Kron so that U.S. Forensic could “get on
the Allstate approved list locally.” (Id., Ex. P).
On December 11, 2006, Bell emailed Tim Krueger of Safeco Insurance. (Id.,
Ex. S). Bell stated that he “really had no idea [he] was leaving [Rimkus] the
day [he] did” and expressed hope that Krueger had been served well since his
departure. (Id.). Bell asked Krueger to direct him to “any local claims people
that might be looking for some local help” but noted that “due to contractual
obligations we would not be able to accept any assignments in New Orleans
until October 2007.” (Id. (emphasis added)).
On December 12, 2006, Bell emailed Denise Milby of Scottsdale Insurance
and D. Powell and Jeff Baker of Boulder Claims to introduce U.S. Forensic
and its engineers and services. (Id., Exs. T, V).
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