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 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.). C C C C 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). 52
Case 4:07-cv-00405 Document 450 Filed in TXSD on 02/19/10 Page 53 of 139 C On December 13, 2006, Bell emailed Sandra Carter with Lexington Insurance “to introduce U.S. Forensic, a Louisiana and Mississippi based forensic engineering firm which specializes in evaluation of civil, structural, electrical and mechanical failures.” (Docket Entry No. 321, Ex. L-3). Bell continued: “You may remember me from my previous position as Central U.S. Operations Manager at Rimkus Consulting Group and my trip to Boston a couple of months back. I left with a couple of engineers from Rimkus and a couple from a competitor to form a new, leaner firm that focuses on decisive, cost effective reports with no more than a two week turnaround.” (Id.). Bell stated that U.S. Forensic “would be pleased to work with you and Lexington Insurance.” (Id.). Rimkus has submitted evidence that Carter’s new contact information was contained in an email that Bell received from a coworker at Rimkus on October 1, 2006. Rimkus alleges that Bell forwarded this email on October 5, 2006, using his Rimkus email account, to an unknown email address. (Id., Ex. Q). 31 The belatedly produced emails show that in November and December 2006, Cammarata also contacted individuals he had dealt with while working at Rimkus. On November 30, 2006, Cammarata emailed Ken Mansfield about his new firm. (Docket Entry No. 324, Ex. Z). Cammarata referred to assignments they had worked on together at Rimkus and told Mansfield to let Rimkus know his requirements if he wanted Rimkus to continue providing forensic engineering services. (Id.). Cammarata gave Mansfield the contact information for the Rimkus New Orleans District Manager but also offered “to provide professional engineering services to you and your firm as you may require” and asked Mansfield to contact him. (Id.). On December 11, 2006, Cammarata emailed Bill Parsons of Gray Insurance to follow up on a phone conversation they had about an assignment Cammarata had been working on for Parsons before leaving Rimkus. (Id., Ex. AA). 31 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). 53
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Rimkus Consulting Group Inc. v. Cammarata - Ballard Spahr LLP

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