Opinion
2019 CA 0733
07-02-2019
CAMSOFT DATA SYSTEMS, INC. v. SOUTHERN ELECTRONICS SUPPLY, INC. AND ACTIVE SOLUTIONS, LLC
Michael T. Beckers Brent P. Frederick Danielle N. Goren Tiffany T. Kopfinger Baton Rouge, Louisiana Counsel for Defendants/Appellants MMR Constructors, Inc., MMR Group, Inc. & MMR Offshore Services, Inc. Jason L. Melancon Robert C. Rimes R. Lee Daquanno, Jr. Frank Tomeny, III Baton Rouge, Louisiana and Marx D. Sterbcow New Orleans, Louisiana and Mark D. Plaisance Marcus J. Plaisance Prairieville, Louisiana Counsel for Plaintiff/Appellee CamSoft Data Systems, Inc. Karli Glascock Johnson Vance A. Gibbs Tara M. Madison Baton Rouge, Louisiana and James C. Grant Christopher A. Riley Elizabeth Helmer Michael P. Kenny Atlanta, Georgia Counsel for Defendants/Appellees Dell, Inc. & Dell Marketing, L.P. Gus A. Fritchie, III New Orleans, Louisiana Counsel for Defendant/Appellee Continental Casualty Company Christine Lipsey Amanda Stout Baton Rouge, Louisiana and Mark J. Chaney New Orleans, Louisiana and Christopher H. Toll Pro Hac Vice Greenwood Village, Colorado Counsel for Defendant/Appellee Ciber, Inc.
NOT DESIGNATED FOR PUBLICATION
Appealed from the Nineteenth Judicial District Court Parish of East Baton Rouge State of Louisiana
Case No. 582,741
The Honorable Janice Clark, Judge Presiding Michael T. Beckers
Brent P. Frederick
Danielle N. Goren
Tiffany T. Kopfinger
Baton Rouge, Louisiana Counsel for Defendants/Appellants
MMR Constructors, Inc., MMR Group,
Inc. & MMR Offshore Services, Inc. Jason L. Melancon
Robert C. Rimes
R. Lee Daquanno, Jr.
Frank Tomeny, III
Baton Rouge, Louisiana
and
Marx D. Sterbcow
New Orleans, Louisiana
and
Mark D. Plaisance
Marcus J. Plaisance
Prairieville, Louisiana Counsel for Plaintiff/Appellee
CamSoft Data Systems, Inc. Karli Glascock Johnson
Vance A. Gibbs
Tara M. Madison
Baton Rouge, Louisiana
and
James C. Grant
Christopher A. Riley
Elizabeth Helmer
Michael P. Kenny
Atlanta, Georgia Counsel for Defendants/Appellees
Dell, Inc. & Dell Marketing, L.P. Gus A. Fritchie, III
New Orleans, Louisiana Counsel for Defendant/Appellee
Continental Casualty Company Christine Lipsey
Amanda Stout
Baton Rouge, Louisiana
and
Mark J. Chaney
New Orleans, Louisiana
and
Christopher H. Toll
Pro Hac Vice
Greenwood Village, Colorado Counsel for Defendant/Appellee
Ciber, Inc. BEFORE: CRAIN, THERIOT and HOLDRIDGE, JJ. THERIOT, J.
In this appeal, MMR Constructors, Inc., MMR Group, Inc., and MMR Offshore Services, Inc. (sometimes referred to collectively as "MMR") seek review of the trial court's judgment denying their Motion for Partial Summary Judgment on CamSoft's Claim For Lost Business Value Damages. For the following reasons, we vacate the trial court's judgment and remand this matter to the trial court for further proceedings.
FACTS AND PROCEDURAL HISTORY
The facts and procedural history are laid out in more detail in this court's opinion in CamSoft Data Systems, Inc. v. Southern Electronics Supply, Inc., 2019-0730 (La. App. 1st Cir. 7/2/19) (unpublished), which is also being issued this date.
Relevant hereto, CamSoft Data Systems, Inc. ("CamSoft") seeks to recover "lost business value" damages under four distinct theories in four different markets: (1) the U.S. wireless mesh networking market; (2) the worldwide wireless mesh networking market; (3) the U.S. IP video surveillance market; and (4) the worldwide IP video surveillance market.
For its lost business value theories, CamSoft utilizes a valuation date of July 8, 2004, when, at a purported "secret meeting" among representatives from the City of New Orleans, Dell Inc., Dell Marketing, L.P., Active Solutions, LLC, and Southern Electronics Supply, Inc., alleged misappropriation of CamSoft's trade secrets related to the wireless video surveillance system took place. But for this alleged misconduct, CamSoft claims that it would have captured 10% of the U.S. and worldwide wireless mesh networking markets.
MMR filed a motion for partial summary judgment seeking dismissal of CamSoft's claim for lost business value damages. After a hearing, the trial court signed a judgment on April 2, 2019, denying MMR's motion for partial summary judgment on the lost business value damages claim. From this judgment, MMR appeals pursuant to La. R.S. 51:135.
As set forth in La. R.S. 51:135, all interlocutory judgments in cases involving antitrust claims shall be appealable within five days and shall be heard and determined within twenty days after the appeal is lodged. --------
DISCUSSION
In its appeal, MMR raises the same arguments urged by Dell, Inc. and Dell Marketing, L.P. in a companion appeal in CamSoft Data Systems, Inc. v. Southern Electronics Supply, Inc., 2019-0739 (La. App. 1st Cir. 7/2/19) (unpublished), which is also being issued this date.
CONCLUSION
For the same reasons set forth in the companion appeal, we vacate the trial court's April 2, 2019 judgment denying MMR's Motion for Partial Summary Judgment on CamSoft's Claim for Lost Business Value Damages. We order the trial court to consider the merits of the referenced motion for partial summary judgment in connection with its analysis of the admissibility of the expert opinions of Chetan Sharma and Stephen Dell. We issue this memorandum opinion in compliance with Uniform Rules—Courts of Appeal, Rule 2-16.1B. All costs of this appeal shall be assessed equally to appellants, MMR Constructors, Inc., MMR Group, Inc. and MMR Offshore Services, Inc., and appellee, CamSoft Data Systems, Inc.
JUDGMENT VACATED; MATTER REMANDED.