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

Case 4:07-cv-00405 Document 450 Filed in TXSD on 02/19/10 Page 74 of 139
external disk drives and later order to produce the emails in native format.
The marketing emails from U.S. Forensic that Rimkus has recovered from third-party
internet service providers show that at least during November and December 2006, Bell and
Cammarata were soliciting Rimkus clients for U.S. Forensic. Some of the post-December
2006 emails that Rimkus has recovered from third parties are similar to the Homestead
emails and show Bell and Cammarata soliciting business from Rimkus clients. Similar
marketing emails sent or received after December 2006 were deleted by the defendants, but
the extent of the missing emails remains unknown. DeHarde testified that the founding
members of U.S. Forensic deleted emails that were more than two weeks old beginning in
the fall of 2006. Bell testified in his deposition that he deleted all U.S. Forensic marketingrelated
emails. The record supports an inference that emails soliciting Rimkus clients were
deleted by the defendants and that some of these emails will never be recovered.
Some deleted emails, later discussed in detail, show that Bell was contacting Rimkus
clients whose information was not listed in the 2006 Casualty Adjuster’s Guide and that Bell
did not have the Guide before December 2006. Even if this contact information was
available on the internet in 2008, the record does not show that it was available in 2006. The
emails to Rimkus clients whose contact information may not have been available in the
Casualty Adjuster’s Guide or on the internet is relevant to whether Bell obtained the contact
information from Rimkus.
The emails that have been recovered by Rimkus, through great effort and expense,
include some that support Rimkus’s claims, contradict testimony the defendants gave, and
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