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 58 of 139 (Id., Ex. C, Deposition of Gary Bell at 10:9–:22). Rimkus argues that Bell first tried to conceal, then distance himself from, the Gmail account because he used it to “go under the radar” to download and take confidential Rimkus financial information. Bell testified in his deposition that he sent Rimkus financial documents to his BellSouth email account, not to use for U.S. Forensic but to help with the transition of the branch managers in the Central Region before he left Rimkus. (Id. at 17:8–18:1). But Bell sent this email on September 30, 2006, three days after he resigned from Rimkus. Bell testified in his March 2009 deposition that he declined Rimkus’s invitation to help with transition work at the branch offices and that he never worked for Rimkus after September 27, 2006. (Docket Entry No. 394, Ex. A, Deposition of Gary Bell at 78:18–79:4; 80:19–:22; 81:16–:20). Rimkus also argues that Bell did not need to email these documents to himself if he was using them for Rimkus work because they were contained on his Rimkus work laptop, which he could take with him until he was finished assisting with the transition. Rimkus also notes that the September 30, 2006 email was not produced by BellSouth in response to a subpoena because Bell had previously deleted it. On October 1, 2009, Rimkus filed its second supplemental memorandum of law in support of its motion for sanctions and response to the motion for summary judgment. (Docket Entry No. 410). In the supplemental filing, Rimkus identified an email that had been produced in native format as required in this court’s August 17, 2009 order. (Docket Entry No. 411). The defendants had previously produced this email in PDF format. (Docket Entry No. 410, Ex. Supp. T). The email was dated April 6, 2008 and labeled “From: Gary Bell” 58
Case 4:07-cv-00405 Document 450 Filed in TXSD on 02/19/10 Page 59 of 139 and “To: Gary Bell,” with no indication of the email addresses. (Id.). When the email was produced in native format, it showed six attachments not included in the original PDF version. (Docket Entry No. 411). Rimkus filed the attachments under seal. (Id.). The attachments contain contact information for Rimkus clients in Florida and for one client’s national catastrophe manager in Minnesota. (Docket Entry No. 410 at 7). Rimkus asserts that the metadata shows that Darren Balentine created the documents at Rimkus on December 14, 2007 and April 2, 2008, while he was working for Rimkus. Balentine subsequently quit Rimkus to become a 50% owner of U.S. Forensic Associates. (Id. at 8). The metadata also shows that the documents were converted to PDF on April 2, 2008. (Id.). On May 1, 2008, less than a month after the April 6, 2008 email with the clientcontact information attached, Bell had testified in this court that he did not take or use confidential information when he left Rimkus and started U.S. Forensic. (Docket Entry No. 410, Ex. Supp. V at 80:16–:24). On October 6, 2009, Bell testified that he did not remember getting the April 2008 email until it was produced. He did not know whether he had received other Rimkus client information. (Docket Entry No. 430 at 12). Bell testified that he had never used the client-contact information in the email attachments. (Id. at 14). Bell also testified that he did not ask Balentine for the information and did not know why Balentine sent it to him. (Id. at 16). Bell’s counsel, Demmons, stated that he had prepared and printed the emails for production and could not explain why the initial production not only failed to include the attachments but concealed their presence. (Id. at 36). In his April 9, 2009 deposition, Balentine stated that he had not to his knowledge 59
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Rimkus Consulting Group Inc. v. Cammarata - Ballard Spahr LLP

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