Civil Procedure Keyed to Spencer
Rimkus Consulting Group, Inc. v. Cammarata
Nickie G. Cammarata and Gary Bell (Defendants) were employees of Rimkus Consulting Group, Inc. (Plaintiff) who formed a competing company. Defendants sued Plaintiff in Louisiana state court seeking a declaratory judgment that various provisions of their employment contracts were invalid. Plaintiff 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. Defendants admit to deleting relevant emails but claim the destruction was not prejudicial. Defendants allegedly got rid of laptops to prevent recovery and instituted a “policy” of deleting emails after two weeks. Plaintiff also claimed Defendants lied under oath. Plaintiff asked for sanctions, including monetary sanctions, adverse jury instructions, and an entry of default.
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