Tuesday, September 15, 2009

Dell stall tactics fall flat

I've obtained some court documents from the crime camera civil case.

In the article
about Meffert's hilarious change-of-venue motion, there was another late breaking item hidden toward the end of the piece.

In a strange twist Friday, a previously absent company sought to intervene on the side of the plaintiffs, Southern Electronics and Active Solutions.

More than two years after the two companies filed the lawsuit, Camsoft Data Systems Inc., appeared in court Friday, claiming its right to a third of anything Southern and Active might win at trial.

Camsoft was initially a subcontractor to Southern Electronics, and helped put up networked crime cameras for a pilot project for City Hall in 2004 and 2005. The Baton Rouge company claims it helped develop a special network system for the crime cameras, and therefore deserves to have an equal share of the plaintiffs' pie.

Ironically, even though Camsoft's attorney Jason Melancon said Friday he agrees with the gist of the plaintiffs' case, his basis for intervening is a claim that Southern Electronics owes Camsoft money for work it did on the New Orleans camera project.

The unexpected intervention sent the courtroom into a tizzy.

I only had vaguest recollection of Camsoft but it didn't seem to me to be relevant to the case that they had some sort of payment issue with Southern Electronics. That ought to be handled in a separate case. It would seem to be quite suspicious that such an intervention would suddenly surface at the eleventh hour. Anyway, these documents should shed some more light on this.

The first is a motion to appoint special process server filed by the lawyers for Dell, who also filed to stay the trial to subpoena and depose the folks from Camsoft.


The second document is the response from the Plaintiffs' lawyers. This is a good read. Essentially, Dell asserted that they'd been kept unaware of the relationship between the Plaintiffs and Camsoft and claimed that in their depositions, Plaintiffs had failed to disclose Camsoft under questioning.

The lawyers for the Plaintiffs document in detail the numerous times Camsoft or its employees came up during discovery.

"A search of the documents produced by Plaintiffs in this litigation reveals Carlo MacDonald of Camsoft was referenced at least 1,613 times and Camsoft itself was referenced at least 410 times."

Lawyers also pointed to another stunning example, when Dell's lead council, Phil Whittman, the same guy who filed the motion to stay, asked Brian Fitzpatrick of Active Solutions during a deposition:

"Did you have anything to do with the camsoft data systems verbiage wire portion?"

So when Plaintiff attorneys excoriate Dell lawyers within the document for "feigned ignorance," this is what they're talking about. They then follow that up with another 130 pages of supporting evidence including emails included as trial exhibits and depositions.

PDF of Letter to Counel Enc Opp to Dell's Emerg Motion for s (00040822)
I don't think I've ever seen some of the emails before but I don't have time for a close read. If you have a chance to browse through these and find anything interesting that we haven't seen before, please please post away in the comments.


Anonymous said...

The more that comes out about this, the more and more people and entitities there are with an attempt to get their hands in the city money cookie jar. Looks like some people didn't get as much as they thought they should. And looks like those with the better city connections than the others got more cookie money.

No wonder this contract is so overpriced. Too many payoffs and not enough city taxpayer money to go around. I have often thought government contracts are way overpriced to compensate so many outstretched hands. Looks very true in this instance.

Anonymous said...

Most of us in the technology field have long known Camsoft invented the crime camera technology not Southern or Active.

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