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 60 of 139 transmitted any information he knew to be confidential Rimkus information. (Docket Entry No. 410, Ex. Supp. W, Deposition of J. Darren Balentine at 60:10–:18). Rimkus took a brief additional deposition on October 27, 2009. In the October deposition, Balentine stated he did not recall sending Bell the client-contact information and that he was unable to find a record of sending Bell an email with the client information in April 2008. (Docket Entry No. 445, Ex. B., Deposition of J. Darren Balentine at 35:7–:10, 39:11–:18, 51:1–:25, 97:6–98:4). Rimkus filed a motion for a preliminary injunction on October 1, 2009, seeking, among other things, to require Bell and others to return all of Rimkus’s confidential information and seeking to enjoin Bell and anyone at U.S. Forensic from using the information contained in the email attachments. (Docket Entry No. 416). At a hearing before this court on October 6, 2009, the parties agreed to certain provisions of the proposed injunction, and this court granted the preliminary injunction in part. (Docket Entry No. 425). In addition to the email attachments containing Rimkus customer information, Rimkus also points to a newly discovered email stating that Bell met with a real estate agent in August 2006, while he was still working at Rimkus, and on August 15, 2006 received a Letter of Intent to lease the space. (Docket Entry No. 410, Ex. Supp. Q). The Letter of Intent identified “U.S. Forensics, LLC” as the subtenant and noted that the “LLC [was] to be established in September, 2006.” (Id.). Rimkus argues that the Letter of Intent naming U.S. Forensic contradicts Bell’s earlier deposition testimony that Bell did not plan to leave Rimkus before he did so and that his only steps before leaving Rimkus was speaking to his brother about going to work for him. (Docket Entry No. 410 at 13–23). 60
Case 4:07-cv-00405 Document 450 Filed in TXSD on 02/19/10 Page 61 of 139 Rimkus filed a supplemental memorandum of law, arguing that it had discovered proof that Bell had used the Rimkus client information contained in the April 2008 email attachments. (Docket Entry No. 429). Rimkus submitted an affidavit from Michael Sanchez, a claims vendor manager for American Strategic Insurance Company. (Id., Ex. Supp. Y). Sanchez’s affidavit stated that Bell contacted him by email and phone, seeking to provide engineering services through U.S. Forensic. Id. at 2. Sanchez also stated that Balentine contacted him on September 9, 2009, seeking to provide engineering services through U.S. Forensic Associates, L.L.C. Id. Sanchez did not recall providing his contact information to Bell. Id. Rimkus alleges that Sanchez’s affidavit establishes that Bell had used Rimkus confidential information, contradicting his statements under oath. In response, the defendants noted that Sanchez’s affidavit did not preclude the possibility that his contact information could have been obtained from a source other than Rimkus’s client lists. (Docket Entry No. 435 at 9 n.3). The defendants offered a roster from a conference Bell attended in 2008 containing Sanchez’s phone number and address as a possible source of the contact information. (Id. at 9). The defendants also attacked the language in the affidavit as “far from definitive” because Sanchez said “[t]o my knowledge” and “that I recall” when referring to communications from Bell. (Id.). The defendants also objected that Sanchez did not attach his call log showing the phone call from Bell or any emails from Bell. (Id.). Rimkus filed a fourth supplemental memorandum on October 14, 2009. (Docket Entry No. 439). Rimkus argued that Sanchez’s email address does not appear in the contact 61
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Rimkus Consulting Group Inc. v. Cammarata - Ballard Spahr LLP

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