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

Case 4:07-cv-00405 Document 450 Filed in TXSD on 02/19/10 Page 56 of 139
and Bell both testified that they obtained a copy of a Rimkus wind/hail powerpoint
presentation to use at U.S. Forensic. (Id. at 15:22–16:4; Docket Entry No. 389, Ex. I,
Deposition of Gary Bell at 69:10–70:13). Rimkus filed an amended complaint alleging that
the use of the powerpoint presentation and other Rimkus materials constitutes copyright
infringement. (Docket Entry No. 403 at 13–14).
Cammarata testified that one of his clients at U.S. Forensic gave him photographs
taken by Rimkus of a job in the Port Sulphur, Louisiana area because the client wanted
Cammarata to continue working on that job at U.S. Forensic. (Docket Entry No. 389, Ex.
H, Deposition of Nickie Cammarata at 10:9–15:21). Rimkus argues that Cammarata
misappropriated these photographs from Rimkus and used them in preparing U.S. Forensic
reports. (Docket Entry No. 389 at 5).
On September 13, 2009, Cammarata produced, for the first time, fifteen disks of
electronically stored information and numerous boxes of paper documents. Rimkus reviewed
these materials and “determined that [they] contained a significant amount of Rimkus
correspondence, job photographs, job files, engagement letters, Terms and Conditions, client
contact information, and Rimkus PowerPoint presentations.” (Docket Entry No. 389 at 5).
Rimkus points to Cammarata’s October 4, 2007 deposition testimony that he only retained
“some reports” in a box as further evidence of perjury and discovery obstruction. (Docket
Entry No. 393, Ex. K, Deposition of Nickie Cammarata at 122:17).
Rimkus also submitted evidence from its own forensic analysis of Bell’s Rimkus
laptop. The analysis showed that on the day he resigned from Rimkus, Bell downloaded
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