Rimkus Consulting Group, Inc. v. Cammarata
United States District Court for the Southern District of Texas
688 F. Supp. 2d 598 (S.D. Tex. 2010)
Nickie G. Cammarata and Gary Bell (defendants) were employees of Rimkus Consulting Group, Inc. (plaintiff) who formed a competing company. The defendants sued Rimkus in Louisiana state court seeking a declaratory judgment that various provisions of their employment contracts were invalid. Rimkus then sued Cammarata and Bell separately in Texas for breach of contract and misappropriation of trade secrets. Those cases were consolidated in the United States District Court for the Southern District of Texas. The defendants admit to deleting relevant emails but claim the destruction was not prejudicial. The defendants allegedly got rid of laptops to prevent recovery and instituted a “policy” of deleting emails after two weeks. Rimkus also claimed the defendants lied under oath. Rimkus asked for sanctions, including monetary sanctions, adverse jury instructions, and an entry of default.
Rule of Law
Holding and Reasoning (Rosenthal, J.)
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