Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session

Speakers. Justin Nichols Melissa Kingston Ryan Lurich Attorney for Avi S. Adelman, Defendant Plaintiff Attorney for Plantiff

Melissa Kingston Part 1. 00:00 Justin Notary VIDEO FILE M2U00076. Please swear in the witness. Would the witness please raise her right hand. Do you swear upon the testimony that you are about to give and cause number DC-12-10604 will be the truth, the whole truth and nothing but the truth, so help you God? I do. How are you today Ms. Kingston? Fine. Do you want me to call you Melissa or Mrs. Kingston during the deposition? Either ones fine. Just for the record Im going to identify myself, since we dont have a stenographer, as Justin Nichols, attorney for the Plaintiff. Would you mind identifying yourself? My names Melissa Kingston, I am the Plaintiff. And Mr. Lurich. Ryan Lurich here on behalf of the Plaintiff. And Mr. Kingston is here as well, husband of the witness. Ms. Kingston, could you tell us your full name? Melissa Russ Kingston. And what is your date of birth? 01-03-74.

Melissa Justin Melissa Justin Melissa Justin Melissa Justin Ryan Justin Melissa Justin Melissa

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin And your Social Security number? Id rather not give that out. Can you give us the last four digits? Id rather not give you my Social Security number. Any portion? Any portion. Could you give us your address? 5901 Palo Pinto Avenue, Dallas, TX 75206. Thank you maam. And have you ever been deposed before? I have not. And youre a licensed Texas attorney? I am. So, do you need me to go over the rules and how its. I mean you were here yesterday and you understand that youre under oath, thats the same as giving testimony before a judge and jury. I do. Are under the influence of any drugs or alcohol this morning? I took some Aleve this morning. Is there any other medication or reason why you cant tell the truth today? Not that Im aware of. Have you ever been convicted of any crime? I have not been convicted of any crime of moral turpitude, or fraud or anything else that would be admissible. Have you been convicted of any. Have you been arrested for any crime, felony, or crime involving moral turpitude? No, I have not. And how are you currently employed? I am a lawyer at the law firm of Friedman and Fieger, LLP. And how long have you been there? Page 2

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Ryan Justin Melissa Ryan Justin Melissa Justin Melissa Justin Melissa Justin Melissa Since June of 2002. And were you a lawyer anywhere else before then? I was. And where were you a lawyer? I was a lawyer for the Burlington Northern and Santa Fe Railway Company. But for about 10 years youve been employed at Friedman and Fieger, LLP? Thats correct. And whats your role - Are you an attorney, a partner, a shareholder, what is your position in the firm? I am called a partner. Do you have any unearned stake in the firm? I dont believe I have to give that information to you. Is there any objection as to privilege? I think that is privileged. Proprietary, confidential, yes. And what is your income at Friedman and Fieger? Again, I dont think I have to give you that information. I think that is privileged as well. Same objection. Your employment with Friedman and Feiger, is that your only source of income? No its not. What are your other sources of income? I have various investments that produce income. Are you an employee anywhere else? No I am not. Are you a contractor anywhere else? No I am not.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa Justin Melissa Do you provide legal services for a fee, for any other person or entity, other than anyone within the confines of your employer, Friedman and Fieger? I do not. Have you ever been party to a lawsuit before? Yes I have. And what, how many? I dont know. Alright. What were the previous lawsuits. You know, I cant remember if I was a party or not to the lawsuit. Either Phillip and or both of us brought a lawsuit against the people we bought our current house from. And when was that suit initiated? 2005 or 2006. Here in Dallas County? Here in Dallas County. And what was the resolution to that suit? It settled out of court. Have you been a party to any other lawsuit? I dont know the answer to that. Its possible. I had a car accident 10 years ago and I cant remember if a lawsuit was filed or not. Have you filed any administrative complaint or appeal within the last two years?

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 05:00 Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa VIDEO FILE M2U00076. You mean on behalf of myself? Yes. No, I dont think so. Have you been a party to any administrative proceeding for the City of Dallas within the last year? No. Have you been a party to any Board of Adjustment proceeding in the City of Dallas in the last year? I dont believe I have been a party, No. I have represented the neighborhood in certain proceedings. Is it true youve appeared before the Board of adjustment in the City of Dallas in the last 60 days? Yes. And, what was the purpose of the appearance? I was representing the neighborhood, the Belmont Addition Conservation District, in its appeal of city staffs decision to grant a building permit for a home being built with in the Conservation District that the neighborhood believes does not comply with the Conservation District ordinance. And is it true that you appeared as the attorney for the Conservation District, not in your individual capacity? You know I hadnt really thought about it. I mean, I am a resident, so no ones really asked me that, I hadnt really made that decision at the time. Alright. Im going to hand you whats been marked Defense Exhibit 1. Do you recognize these documents? I do. And what do you recognize this as? Plaintiff s original petition and application for injunctive relief in the present case. But it doesnt have the exhibits, does it? When you filed it, there were a lot of exhibits to it, werent there? Im sure there were if theres an application for injunction. Page 5

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa. Justin Melissa Justin Melissa Justin. Melissa Justin Melissa Im just to trying to establish Ive given just the pleading part, not the exhibits. I believe it was a 40 plus page pleading. There are no exhibits attached to Defendants Exhibit 1 to the deposition. If I could direct your attention to paragraph 5 on page 2. Could you please read the first sentence there. Okay. And what does it say? It says, Melissa Kingston is a lawyer who provides hours of free legal services to her neighborhood association for various issues impacting her neighborhood. How many hours of free legal services have you provided to the neighborhood associations where you. You know, I dont know that off the top of my head, you know. Now in paragraph 7 on page 3. Is it true you indicate you represent five neighborhood groups? I represented five neighborhood associations in their negotiation with Wal-Mart regarding the build out of the new Wal-Mart store, out on Greenville Avenue here in Dallas. And were there formal retainers signed for your representation? No, there were none. How did you come to be the lawyer for each one of these. The presidents of the homeowners association gave me consent to represent them, asked me to represent them. Alright, was there any vote by the board or members to appoint you as their office, as their attorney? Im sure there was, its what I would assume, but I wasnt involved in that process. Is it your testimony in that you were just informed by the presidents of each one of these neighborhood associations that you had authority to represent them in their negotiations with Wal-Mart? Im sorry, can you say that again?

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Melissa

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Sure. Is it your testimony that the only way you became aware that you had authority to represent the neighborhood associations was by indication by each associations president? Its my testimony that the president of each individual homeowners association asked me to, and consented to me being, the attorney for the association in relation to the negotiations with Wal-Mart.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 09:40 Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin VIDEO FILE M2U00076. Who was the president of the Lower Greenville Neighborhood Association. Patricia Carr. And on or about what date, do you recall, did she tell you that you had authority to represent the LGNA in negotiations with Wal-Mart? I dont remember. Would you say. When did you begin negotiations with Wal-Mart on behalf of the neighborhood associations? I dont remember that either. Would you say it was in 2010? No. 2011? Ah, I dont remember. Would you say it was the entirety of 2012? No I would not. So it wasnt all of 2012, but you say you dont know if it was 2011 too? I dont remember when I started talking to Wal-Mart. Alright. I would say it was towards the end of 2011 or beginning of 2012. Are you aware of whether or not the Lower Greenville Neighborhood Association has any minutes or records of how it came to be that the president was told to tell you that you would be representing them? I have no idea, Im not on that board. And the Belmont Neighborhood Association, who is their president? Cal Turman. Can you spell that? Mmm . I think its T-U-R-M-A-N. Okay, but its C-A-L, Cal? No, Kyle. Page 8

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Kyle. Im sorry. Im sorry, Im losing my voice of all days. And do you recall the date that he told you that you would be representing the Belmont Neighborhood Association? I do not. Do you remember the dates from any of the neighborhood associations? No. What about the Vickery Place Neighborhood Association? Who is their president that told you? Mark Rieves. And Reives is R-E-I-V-E-S? I think thats right. And the Greenland Hills Neighborhood Association? Ted Thompson. And the Lower Greenville West Neighborhood Association? Thats John Scarborough. Do you remember if you were informed by mail, email, phone or some other way? I dont know. Do you remember if your appointment, or if they were all in the same day, or over a particular variety of days? Mr. Nichols, I dont remember exactly how these people told me that I had consent to represent them. But to the extent that youre seeking any of my communications with any of those neighborhood associations, I would assert the attorney client privilege, and Im not going to give you any of those communications. They have consented, and thats as much as Im going to say on that subject, Okay? And that you believe that they would each corroborate with you on your testimony today? I would. Do you believe they would? Objection, form. Page 9

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa Justin Melissa Justin Melissa Justin Melissa I dont know what they would do. And do you recall whether or not you applied to represent them, or did they seek out your representation? I dont remember. And who did you deal with primarily at Wal-Mart in your negotiations? It depended on the subject matter. what were the various subjects that you communicated with Wal-Mart about? Generally, I negotiated with Wal-Mart about issues pertaining to noise, traffic, lighting, building aesthetics, product placement, landscaping, there are probably a couple other things that Im not remembering at this time. What do you mean by product placement? Wal-Mart asked input on products that would be, either unique to our community, or things that our community would like to see carried in the store. And they had the focus on the Go Texan campaign and trying to find local producers where they can. And is it your testimony that you represented the neighborhood associations in all of those topics and subjects? Yes. And did you represent individuals in those topics and subjects? Individual residents in the neighborhood. No, I dont. I represented the neighborhood associations.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 15:00 Justin VIDEO FILE M2U00076. Alright. For example, lets say, a resident Willy disagrees with Wal-Mart selling alcohol, but the neighborhood association had voted that the sale of alcohol was acceptable. Which perspective, if any did you represent to Wal-Mart? That issue didnt come up. Give me an example that did come up. I cant think of anything where I varied from what the neighborhood association wanted. And how did the neighborhood associations go about determining what they wanted? I dont know how individual neighborhood associations made those decisions. As issues came up I communicated with those neighborhood associations. Did you communicate with just the presidents or did you. I mean because the neighborhood association residents. Are you a member of any neighborhood association? Yes, Im a member of the Lower Greenville Neighborhood Association. Had you served, and do you serve on the board of that? I do not. Now, how many members are, if you know, are a member of the Lower Greenville Neighborhood Association? I dont know. Is that compulsory or voluntary? Voluntary. Would you say that its more than a hundred? Yes. More than 200? I really dont know. So when you say that the neighborhood association would tell you what they wanted, are you in touch with the neighborhood association, how did the Lower Greenville Neighborhood Association solicit input from their residents that you claim to represent? Page 11

Melissa Justin Melissa Justin Melissa Justin

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa I really, I dont know. I saw, as a resident, I saw a survey sent out to people. And I know that there were discussions in the newsletters that I saw, not just in LGNA, but in other associations. But my client contacts were the presidents of the five NAs. If other residents communicated with me, which did happen, from time to time, those concerns were passed to the neighborhood association to deal with. And would you describe your roll in the negotiations with Wal-Mart on behalf of the neighborhood association as a formal role?, I mean is that a formal role? I dont understand your question. Did you play a prominent role in the negotiations with Wal-Mart? Im not sure what youre asking me. What Im asking is how would you characterize how much weight you played in the neighborhoods negotiations with Wal-Mart? Objection, form. Im sorry Justin, I dont know what youre asking me. Let me see if I can put it better. For example, there might be individual residents who send an email, or make a phone call to Wal-Mart, but my question is, how did Wal-Mart view you as your role? Were you essentially the voice of the neighborhood? Objection, form. I mean, I dont know how to answer what Wal-Mart thought. Okay. I was representing the five neighborhoods around there, around the site. And. The neighborhood? NA? Neighborhood association and if individuals had communications directly with Wal-Mart that was between them and Wal-Mart. About how many times did you communicate with Wal-Mart? I dont know. Were they just kind of informal conversations? Or were they more formal, sit down meetings that lasted for a long period of time? If youre asking me, did I meet with Wal-Mart, yes. Did I talk to Wal-Mart on the phone, yes. Page 12

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Whered you meet with Wal-Mart? There was you know, I dont remember. There was a meeting downtown at somebodys office, it wasnt mine. Probably one of theirs. Do you remember who was in attendance at these meetings? I dont. Several of the presidents of the neighborhood associations were there, WalMarts lawyer was there, a representative from Wal-Mart corporate was there, and various trades like, maybe the construction person, engineer, architect. Alright, if I could direct you in Defendants exhibit 1, paragraph 5, and starting with the sentence about half way down, unbeknownst to Kingston. Could you read that sentence and tell us what that sentence says? Youre asking me to read it aloud? Please.

Justin

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 20:40 Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin VIDEO FILE M2U00076. Unbeknownst to Kingston, on September 7, 2012, Defendant registered the domain, MelissaKingston.com. So this is your testimony that you were not aware that Mr. Adelman purchased the domain name MelissaKingston.com, you didnt know he was doing it? No. How did you become aware? I dont remember how I first learned about that. I think somebody sent me it in an email. Do you remember who? I dont. Did you save that email? I havent destroyed any yet. Okay. The emails regarding this case, so Im sure I have it. If I could direct you to paragraph 14, the first sentence, Im sorry, on the evening, Im sorry, the sentence that says on the evening of September 10th, 2012, Kingston learned the Defendant was using an email address. Now did you know before September 10th that he had purchased the domain name, or did you find out that he was using the email address and purchased the domain name at the same time? The first thing I learned of was, the first thing I saw was avi@melissakingston.com on an email. Okay. And I believe that was September 10th. Okay. I mean, thats what the petition says, I dont have any specific memory of it, but that sounds about right. It sounds like someone forwarded an email to you, maybe hey, I received this, FYI and you saw the email avi@MelissaKingston.com. Someone sent me the email. I dont recall who and Im not exactly sure what the forward said if anything. Page 14

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin To what email did you receive that email informing you of the email? I dont remember. How many emails do you have? I dont, in general? Yeah, like whats your primary, personal email address. I dont get emails like this on my personal email address, it had been sent to my work email account probably. Your work email? Or my Belmont account, my BelmontAddition@yahoo.com. And where do you maintain that email address? Do you have a access to it at your home? I mean, I have access to it anywhere I have internet. Its a Yahoo account. And where are the emails stored? Where ever Yahoo stores them. And if you receive them at your work, did Friedman and Fieger represent the NA, or did you do that outside the scope of your employment? Our firm wasnt paid for it, but my law firm knew I was doing it. Im not sure what youre asking I guess. What Im asking, was Melissa Kingston, individual attorney at law representing the NA, or was Melissa Kingston employee of Friedman and Fieger, LLP representing the NA? I dont know if anybodys asked me that. I dont know if Ive thought about what the answer to that is. Would you think about that please. I dont know if I can answer that right now. Alright, would it help to go back to that question later on in the day? You can try. I would probably need to look at the documents at the time that all transpired to. What do you mean documents at the time?

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Whatever actions I took, emails or whatever I did at the time, I dont know that I can answer that today. But you said there was no retainer agreement. Yeah, I didnt have a formal engagement letter. and the presidents, did they call you at home or did they call you at your office to inform you that you had been appointed as their representative? Like I said before, I dont remember how they called, whether they called or how they informed me of their consent to represent them. But many of the emails, or the primary emails, relating to your negotiations with Wal-Mart went to your Friedman and Fieger email account? No I used my Friedman and Fieger account for this. What is that email address? Its the one that you have that I use. Can you say it for me? Mkingston@fflawoffice.com. And that email account is maintained by Friedman and Fieger? I dont know who maintains it. So an email, as you testified, informing you of the email address avi@ melissakingston.com would have been sent to your Mkingston@fflawoffice.com account? Thats my guess, but I dont know that without looking.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 25:00 Justin Melissa Justin Melissa Justin Ryan Melissa Justin VIDEO FILE M2U00076. And while I wait could you look it up? I cant from here. If I give you access to a computer? No, I would need access to my email at work, and I dont have that from here. Are you willing to provide that to me? If youll send me a request for production, well respond in accordance with the rules. Once the discovery stay is lifted. Thats what Im asking. We have a written discovery stay, Im asking if youre able to provide it without having to go through all that to help refresh your memory, not just to have the email, but to help refresh your memory. Were not going to conduct question and answer about what discovery will produce, we will comply with the rules with respect to discovery, so. Is there any other email address besides the Mkingston@fflawoffice.com at which the email notifying you of this MelissaKingston.com domain issue may have been sent? Like I said earlier, it could have been the Belmont Addition one. BelmontAddition@yahoo.com? Yeah. Any other email account? No. So one of those two would, have the email that informed you about the facts that give rise to this? I dont know that I would say that theres a single email that informed me about the facts that gives rise to the suit. Theres an email that someone forwarded me, and I cant remember who, that came from avi@melissakingston.com. And what did you do when you discovered that? Were you at your office or were you at your house? I dont remember. What did you do after you discovered that? Page 17

Ryan Justin

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa Justin I dont remember exactly what I did. I mean, obviously I investigated it, looked up the domain name to figure out what had happened and when. And then, on the evening of Sept. 10, 2012, you discovered that it had occurred and by, if Im looking at the file mark on the front page of this exhibit, by 10:42 am you had this lawsuit filed? Right? Thats what it says, yeah. So between the less than 18 hours you discovered that this had happened, and was able to file a 15 page lawsuit with exhibits, less than 18 hours later is that correct? No. Its not? No its not. So less than 24 hours? No its not correct? Whats not correct about it? The evening of the 10th to the morning of the 12th probably would be closer to 36 hours. I apologize. Did you conduct your investigation immediately, or did you wait until the next day? I dont remember. Did anyone aid you in your investigation? Not that I remember. Did you talk to anybody once you found out about the email. Did you talk to anyone about that? I did. Who? I talked to some lawyers. Okay. And I talked to my husband. anybody else? Possibly the IT guy in my law firm. Page 18

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa Justin whats his name? Neal Helms. Neal Helms? And why did you talk to him? Because hes an IT guy. Oh, so you maybe took investigation tips, or something like that? I dont think that its appropriate for me to tell you about the conversations I had with the staff of my law firm about this litigation. So its your testimony that anyone in the employ of Friedman and Fieger had any communication with in the law firm of Friedman and Fieger had protected privilege? . Yes. Is Neal Helms an attorney? No. Does he perform legal drafting or pleadings or anything like that? Not that Im aware of. And you dont remember who told you about the emails? I still dont remember that. What were your, do you remember how you felt when you discovered it? Were you enraged, sad, upset? Probably all of those. Was it a friend who told you? I dont remember Justin. But theres an email out there who would. Im sure there is. Now did you just receive one email? I dont, eventually no, I know that I had some of them, I didnt have all of them until you produced them, I had some of them. and well go through those a little later. But you had some of them, so how did you receive the other emails? I dont remember how I received any of them. Page 19

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa But you received them by email and not by hand delivery, or not mail or fax or anything? Probably, yeah.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 00:00 Justin Melissa Justin Melissa Melissa Melissa Justin Melissa Justin VIDEO FILE M2U00077. Do you remember about how many? I received a couple of them. All at the same time, or over the course of a period? Oh, within that first week Id say. So you received just a few, but not all emails that weve produced at the time you filed the lawsuit? I dont remember hen I received the emails I did receive, were talking about the emails sent from MelissaKingston.com? Yes, maam. Yeah. If I could direct your attention to paragraph 8 and 9 of the petition, you say that, the second sentence of paragraph 8 says, he holds himself out to be a neighborhood activist and, am I correct in asking, he meaning, Mr. Adelman? Yes. And you go on to, whats the first sentence of number 9? Could you read that for me? Defendant is a self proclaimed vigilante style neighborhood activist, who more accurately represents a neighborhood terrorist. Could you define, neighborhood terrorist for me? First, who came up with that term? Is that something you came up with? I dont remember, but I think the drafting of this lawsuit and the input that was put into the drafting of this lawsuit would probably be protected by the attorney client privilege. Help me understand. Someone who uses violence to effectuate his means. Someone who uses tactics like identity theft to effectuate his means. Someone who is disruptive, disrespectful of projects people are trying to do to improve the neighborhood. Those are some examples. So, anyone whos disruptive of a project people are trying to do is a neighborhood terrorist? No, the totality of the attributes I just described make up a neighborhood terrorist. Page 21

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa Justin Melissa Would you describe as it an objective or subjective term? Theres probably a little bit of both. And whats a vigilante style neighborhood activist? Someone who doesnt necessarily follow the laws to effectuate their means, using violence to effectuate their means. And you say in your lawsuit that, Defendant, himself, is a self proclaimed vigilante style activist? He is. How has he proclaimed that? He describes himself as someone who uses a scorched earth methodology. He has described himself as a someone who will take whatever means necessary to promulgate his agenda. Has he ever used the term vigilante? I dont remember. Have you ever heard Mr. Adelman say, I will not follow the law, if it means that I will effectuate my means? Ive heard him say things to that effect. I dont know if thats a direct quote. When? I dont remember. Do you remember, can you paraphrase what you heard. I mean, I think thats a fair paraphrase. But you dont remember when that happened? No. Do you remember where it happened? Ive heard him say stuff like that a couple of times, it is typically been in, I remember him saying something similar to that when we were trying to get the conservation district ordinance passed and he was adamantly opposed to it. I remember him saying something like that, dealing with some issue with a bar on Lower Greenville, but I dont remember the specifics. And whats defined as a neighborhood activist? Page 22

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Justin

Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa Justin Melissa Justin I think a neighborhood activist is a neighborhood leader, is someone who. Real fast, and I dont mean to interrupt, does an activist have to be a leader? Do you have to be a leader to be a neighborhood activist? No, you dont. Alright, Im sorry, I know I interrupted you. Could you define neighborhood activist for me.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 04:45 Melissa VIDEO FILE M2U00077. I think a neighborhood activist is someone who, takes a, Im trying to come up with a word thats not active, someone who takes a up. My thesaurus is not working this morning. Takes an active role in trying to work on issues that affect the neighborhood. Alright, so whats the difference between a neighborhood activist and a neighborhood terrorist? In my mind a neighborhood activist does not resort to, using violence, or the threat of violence, or extortion, or other criminal activities to effectuate their means, and in my mind a neighborhood activist tries to get consensus among a group. Tries to use respectful means of communication, is not disrespectful or hateful of the other people who live in the neighborhood around that person. And would you describe yourself as a neighborhood activist? I would. And would you describe Mr. Adelman as a neighborhood terrorist? I would. And, what has Mr. Adelman done thats different from what youve done? His style of communication is different than mine, I dont put things on the internet making fun of my neighbors. I dont put things on the internet that disparages them. I dont try to steal their identity in order to make my point. I dont shove bar patrons in the middle of the street while videotaping them. I dont try to extort the bars and restaurants in my community to try to make them hire me to do my promotional work. And its your contention that Mr. Adelman has done all of these things? I think hes been accused of it. And I think we heard him admit yesterday that hes done some of those things, yes. Which one of those things? I think he admitted yesterday that he, was involved in a physical altercation with a woman while he was trying to photograph her friend who was getting medical attention, I think he testified yesterday that he was accused of extortion. So an accusation is enough to reach the threshold of a neighborhood terrorist? In Mr. Adelmans case, I believe it is. So the accusation need not be true and you can still be a neighborhood terrorist? Page 24

Justin Melissa

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa Justin Melissa Justin Justin Melissa Justin Melissa Justin Melissa Justin I think terror, and being a terrorist, is as much about the effect you have on the people around you as what you actually do. Dont you think terrorist is a bit of a strong word to describe your neighborhood dispute? I dont characterize this an merely a neighborhood dispute. He stole my name and he sent out hateful emails using it. Objection, unresponsive. Terrorist aside, when does conduct constitute activism or when does it cross in to vigilantism and when it crosses into terrorism? I think thats peoples own decision. True, theres a legal threshold for that, but thats something most people come up with on their own. So its the old, I know it when I see it, I cant define it, but I know it when I see it, is that true? Is that a question? Yes. I dont understand what you mean then. Are you familiar with the Supreme Court decision where pornography couldnt be described, but I believe the justice writing the opinion says, I just know it when I see it. Im familiar with that opinion, yes. And would you describe that same premise as how someone would identify a neighborhood terrorist? Like I said earlier, I think there is an objective and a subjective component. I think you could use that premise, I think that premise could be applicable, yeah. And, in relation to the, just the Wal-Mart issue, did Mr. Adelman commit any act of violence that youre aware of to any person of Wal-Mart or any employee of WalMart. I know that he was accused of being physically aggressive with a couple of the people that worked on . Im not interested in what you know he was accused of. Listen, please let her finish. Fair enough, Im sorry. Page 25

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Ryan Justin Melissa Justin Melissa Justin Let her answer, I know we dont have a court reporter, but still I dont want yall to be talking over each other. I understand, Im sorry. Ask your question again, apparently I wasnt answering it. Are you aware of any incidents in which Mr. Adelman used violence against an employee of Wal-Mart or a representative of Wal-Mart? I dont have any personal knowledge of that. are you personally, do you have any personal knowledge of incidents where Mr. Adelman used the threat of violence against the person of Wal-Mart or person representing Wal-Mart? Yes. Could you give me an example of that? I think the example where he stated that if Maxine Aaronson were in charge of the negotiations with Wal-Mart, that Wal-Mart would be in on its knees in a pool of its own blood begging for mercy as it planted the trees we asked for, is such and example. I mean, Wal-Mart doesnt bleed presumably. Would you agree with that? Objection, form. Corporations dont have pools of blood, would you agree with that? I would agree with that. Alright so, was there a concrete threat of violence in that statement, or is it just kind of a rude statement? How would you describe it? I would, I would describe it as very threatening. then what, a threat of what? Grave physical violence. Like? Like the type of injury that would leave someone on their knees in a pool of their own blood. Now dont you think that statement was a comparison between your negotiation style and Maxines negotiation style? So if Maxine had been negotiating, thats not a comparison? Because you were negotiation? Page 26

Melissa Justin Melissa

Justin Ryan Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin

Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa I was. So if Maxine was negotiating, thats not a comparison of negotiating styles? If you want to read it that way. But when you read that, you really thought that someone was in physical danger? When I read that, I thought that he intended to convey a physical threat. Did you call the police? I did not. Did you file a report? I filed this lawsuit and I got a temporary restraining order. What was the date of that email? The date I saw it was somewhere around the time that the lawsuit was filed. And did you fear for your own safety? I did. Why? Because I know Mr. Adelman, I know his history, I know the things that hes done and threatened to do, and I was in fear of my own safety, I continue to be in fear of my own safety. Are you, are you afraid right now? Like right at this second? I dont like being in the same room with him. Okay. Makes me uncomfortable. Alright, and when you read that about the quote about Maxine Aaronson, you did not view it as a comparison or a hyperbole or, you viewed that as a direct threat of physical violence against you? I dont, I dont know if I viewed as much a threat against me, as against, everyone involved in the Wal-Mart negotiations which would include me. When I read that quote, the purpose of the that quote seemed to be a threat of physical violence. But you didnt call the police? No. Instead you filed a civil lawsuit. Page 27

Justin Melissa Justin Melissa Justin

Melissa

Justin Melissa Justin

Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa Justin Melissa Justin I did. You think requiring a restraining order is every bit as effective as filing a police report, in preventing violence? Maybe were not talking about the same time period. I have reported Mr. Adelmans conduct to the police. Im talking about, specifically, this when you received this email with Maxine Aaronson, if Maxine had been negotiating, Wal-Mart would be in a pool of its own blood, while planting the trees, I think the trees thing seems pretty peaceful to me doesnt it? Im, hes going to hunt somebody unless they plant a tree. Ill be honest with you, I dont buy that you were really physically threatened by it. I think it sounds that you didnt like it an youre trying to use it, and Im trying to explore, really what in it was a real grounds for feeling that you needed to fear for physical safety. Ryan Justin Ryan Melissa Objection, form, and argumentative. Fair enough. What part of that sentence in that email indicated to you that somebody, somebodys physical safety would be in danger? Objection, form. The part about being on your knees in a pool of your own blood begging for mercy.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 14:45 Justin Melissa Justin Melissa VIDEO FILE M2U00077. So you thought that would be the end result? That Mr. Adelman would engage in conduct that would result in someone on their knees in a pool of blood? I dont know if Id go that far. I thought that it was a threat of physical violence. Against who? Against the people who were primarily involved in the Wal-Mart negotiations which would include me. I think Kelly Durr, I cant remember the construction guys name at Wal-Mart right now, but him. Did Kelly, did Kelly even.? Where is Kelly located? I think her office is in Austin, but she spends a fair amount of time up here, and was spending a fair amount of time up here during this process. You, Kelly Durr, the construction guy, who else? Thats all I can think of right now, Id have to go back and look at the email. Just for the interest of time, Im going to go to. Well come back to it later today until I can go look at it after a break. Now in paragraph 9 the last sentence, on page 3 paragraph 9, it says the Defendant maintains several websites and blogs that he uses as his tools for disrupting the good work others are trying to do for their community. Is that what it says? Thats what it says. And can you provide some examples of that, like how hes used his blog to do that? Yeah, I mean an example would be his BarkingDogs.org website, where he posts pictures of, for example, presidents of the neighborhood association with his disrespectful graphics and his statements about them. For example Maxine Aaronson was a lawyer in the community, lived in the community, served on the board of LGNA, and represented LGNA, other neighborhoods in Lower Greenvilles efforts to improve the community, he nicknamed her Mad Max, took her domain name, would post pictures of her on his website with disrespectful artwork. Im confused how posting a picture of someone with an unsavory nickname prevents them from doing their work? It discourages those people from being involved in community events and projects because they dont want to be subject to his harassment. So did Maxine Aaronson quit or resign her post because of Mr. Adelman? Page 29

Justin Melissa Justin Melissa Justin Justin

Melissa Justin Melissa

Justin Melissa Justin

Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa Justin Melissa Justin Melissa I understand that was part of the reason. And did she tell you that? She did. Did she say, I mean. What is the good work of others? How do you define that? Examples might be people trying to change zoning in order to, protect historic properties, or address crime issues in the neighborhood, or people trying to set up crime watches, people trying to have community websites like Facebook that hell get on and basically take over. Im sorry for interrupting. Im not interested in Mr. Adelman specifically, Im just saying the good work of others, what do you consider the good work of others? Im not sure I understand your question then. I mean, in general? How ever you mention it in your lawsuit. Those are the examples I just gave you. And you meant that reasonable minds can disagree about zoning changes, wouldnt you? I think they can, yeah. And reasonable minds can disagree about how to address crime and establish crime watches, who should pay for how to do it, enforcement vs. education. Reasonable minds can disagree cant they?

Justin Melissa Justin Melissa Justin Melissa Justin

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 20:00 Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa VIDEO FILE M2U00077. I agree with that. Did Mr. Adelman participate or help establish the resident parking only in the RPO zones? I dont know. Are you aware that the RPO zones exist? I know that there are resident parking only zones in Lower Greenville. And is that a good work? Can be. Is it important when you define good work, to take into account how one gets to the end result? I think thats important, yes. So, a good act might be rendered bad if you go about it the wrong way? I think thats right. And who determines, who get to determine when the means become so egregious that the intention turns, the goal turns to bad itself? I think thats really for the community to decide. Alright, you say the good work others try to do for their community, who are you referring to when you say others? I think there are other lawyers like me who have tried to do projects in the neighborhood. Can you name those? Maxine Aaronsons one. Anyone else? Philip Kingston is one. Anyone else? Angela Hunt. So Mr. Adelman has, it is your testimony that Mr. Adelman has disrupted the good works of Angela Hunt? I think hes tried. Page 31

Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa You believe, Ms. Hunt has actual and personal knowledge of Mr. Adelmans activities? Yeah. Yes? I do. Are you close friends with Maxine Aaronson? No I wouldnt say that. Where is she now? Does she live in Dallas? She does. She does now? She does. Where does she live? Is she still in the neighborhood? Shes not. So when you say others, youre specifically, referring to lawyers? No, no not necessarily, I mean, I think it includes lawyers. Who else are you referring to? I think the people that serve on the local neighborhood association boards, and various committees, I think some of the business owners, I think that there are people that work at the city. Now, in recent years are you aware of some of the legislation regarding neighborhood associations? Not everyone views, has viewed neighborhood associations as a great thing, wouldnt you agree with that statement? Which question would you like me to answer? The neighborhood association as a good thing. Im sorry can you ask it again? Would you agree that not everyone considers neighborhood associations to be doing good work all the time. Yeah, Im sure thats true. in fact, are you aware that the legislature passed some statutes in recent years rolling back the authority on neighborhood associations? Page 32

Justin

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa Justin I know that there has been some legislation, Im not intimately familiar with that legislation. wrapping up the last sentence of paragraph 9, where it says the Defendant also has a history of cyber squatting, domain squatting and identity theft. Is that what that says? Its what it says. Can you define cyber squatting for me? Mmmmm, Im not sure I can differentiate between cyber squatting and domain squatting, but its..

Melissa Justin Melissa

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 24:00 Justin Melissa VIDEO FILE M2U00077. If its the same thing, if youd like to define both of them in the same answer. Its - and Im not a techie, Im not proficient in technical language - but its generally someone who, takes, sets up websites, or registers domain names, that are the same or very similar to other peoples names and put things on the internet, if its a website thats disparaging to the original user or sends emails, for example like Avi did in the is case using someone elses name. And is it your testimony then that an element of cyber squatting and domain squatting would require using the domain? Is purchasing it not enough? No, I dont know that I would say that, I dont have the elements of certain cause of action right in front of me, so I dont feel comfortable. So lets say I buy, GeorgeBush.com, am I a cyber squatter? Objection, form. Im not sure I could answer that, Im not sure what youre asking. Lets say if I bought MelissaKingston.com having not known you at all, just truly by random, had not done anything with the domain, just left it in, it just said Under Construction, or didnt say anything, would that constitute cyber squatting, does purchasing domain names of other peoples names. Are you asking me for my legal opinion? Im just asking you, however you feel appropriate to answer the question. I dont feel comfortable giving you my legal conclusion and/or legal opinions or asking me for my legal argument. Well, what Im . Im trying, Im not trying to be. No, I understand. Difficult, Im just trying to be. I dont understand what youre asking. I guess what I mean is, cyber squatting, Im curious if you, if the party, if the mere purchase of a domain name if it includes a portion or an exact replication of someone elses name other than the purchasers, is that cyber squatting? As you use it in your petition. Im trying to find out when you say he has a history of cyber squatting, its important for me to understand what that means, what, when you say he has a history of what that means. Page 34

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Melissa Justin Melissa Justin Melissa Justin Melissa Justin

Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa I know, and I think youre asking me for a legal conclusion and I dont feel comfortable giving you that. If youre asking me if you, Justin Nichols, decided to randomly purchase the domain name, MelissaKingston.com if I think thats wrong, I do.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 00:00 Justin VIDEO FILE M2U00079. Before the break, Mrs. Kingston, we were talking about the history of paragraph 9. The last sentence of paragraph 9, the Defendant also has a history of cyber squatting domain names, cyber squatting and identity theft. Could you define identity theft for me. I dont know about the actual legal definition, but, here I meant it to be somebody who takes somebody elses name and uses it without their permission. You dont, you dont contend that Mr. Adelman opened credit cards in your name. Not that I hope, not that I know of, certainly hope not. Or, received medical services in your name or anything like that. Not that I know of. So, in the context of your petition the term identity theft relates only to the purchase of the domain name that included MelissaKingston.com? No, I dont agree with that. What dont you agree with? I dont agree with that statement. How did you mean identity theft in the content? I mean Im trying to get a firmed up definition of what you meant when you said identity theft. He, purchased MelissaKingston.com, and then used it to send out communications. And, you said he had a history of doing that before? Correct. And can you tell us about that history? Yesterday he testified to doing it to Maxine Aaronson. Yeah, but you didnt know that when, first of all, I would object as unresponsive. Objection, form. And when you filed the petition did you know he would testify to that? I.. Three months later? I didnt know that, no. What did you mean when you wrote this, what history were you talking about? Page 36

Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Ryan Justin Melissa Justin Melissa Justin

Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa Justin Melissa What do you mean by this? This petition, when you filed this lawsuit and said Defendant has a history of identity theft, what did you mean by that, in terms of the history? I was aware that Mr. Adelman had taken other peoples names and, or other companys names and purchased their domains without their consent and used them. And thats identity theft. Break for battery change @ Philips camera. Fail. Justin Melissa Justin Melissa What other peoples names or business names? Who else? I knew about Maxine, and I, seems like I knew about a couple others and I dont remember who they were at this, at this minute. Any business names? Yeah, I think thats one of the others, Im just having trouble remembering what I know now, differentiating what I know now from what knew then. That makes sense. Alright, so besides what you allege to be Maxine Aaronson and yourself you can recall anyone else today? I cant remember right now. Going on to paragraph 11 and 12, the sentence, the third sentence that begins, nevertheless, because the Defendant lives next to the new Wal-Mart, he has been particularly vocal to Kingston and other neighborhood leaders as well as Wal-Mart personnel about the construction of the site. Is that what it says? Thats what it says, yes. Is there, first of all, does it surprise you that neighborhoods next to Wal-Mart or neighbors next Wal-Mart kind of cause a clamor when Wal-Mart moves in? Thats not unusual is it, would you agree? I dont know. Are you aware of any other, neighborhood expressing concern when Wal-Marts move in? I dont have any personal knowledge about that.

Justin

Justin Melissa Justin

Melissa Justin

Melissa Justin Melissa

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin So, this was the first time, when this Wal-Mart on Belmont was constructed, that you became aware of any disagreements or negotiations that became necessary between neighborhoods and Wal-Mart? A new Wal-Mart store? This is my first experience with it. So what part of being particularly vocal is illegal? Anything illegal about that? Im not sure what youre asking me.

Melissa Justin Melissa

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 04:45 Justin VIDEO FILE M2U00079. You said, Nonetheless, because the Defendant lives next to the new Wal-Mart he has been particularly vocal to Kingston and other neighborhood leaders. Is there anything illegal about that? Im sorry Justin, I dont understand what youre trying to ask me here. Because the Defendant lives next to the new Wal-Mart he has been particularly vocal to Kingston and other neighborhood leaders. Is there anything morally wrong about that? In your opinion? In my opinion, theres nothing wrong with someone objecting to a store coming into their neighborhood. If theres an extra squeaky or loud neighbor, is there anything wrong with that? I think there can be. Is there anything illegal about that? I think there can be. What community leaders are you talking about when you said he was vocal to them? I believe he was vocal to the presidents and maybe some of the officers of the other neighborhood boards. All of them? Like. I dont know. Pat Carr, was he particularly vocal to Pat Carr? I dont remember. Kyle Turman? Was he particularly vocal to that person? To Kyle? I dont remember. Do you recall if he was particularly vocal to Ted Thompson? I dont, I dont remember. Or John Scarborough? I dont remember. So nothing that would be so egregious that it would stick out in your memory. I dont know if I would agree with that. Page 39

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Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa

Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin You just testified that you dont remember him being, particular instances of him being particularly vocal. You felt it necessary to you put it your petition. Yeah, he was very vocal, to me and the other neighborhood leaders, and thats what the petition says. And you dont recall which neighborhood leaders specifically. I dont remember, I dont recall the specifics about it. what Wal-Mart personnel was he particularly vocal to? I dont remember all of them. Can you tell me what you do remember? I remember Kelly Durr, and I remember Sam, and I am blanking on Sams last name. Is it Merten? Is it what? Merten? M-E-R-T-E-N. Yes, it sounds right, and then again I cant remember the construction guy, and then I think some of the folks that were actually on site. Now, when you say particularly vocal, does that mean that he like, would show up and scream at their face? Or how, what does particularly vocal mean? Would he send mean emails? What does that mean? Whats your question? What qualifies as particularly vocal? You mean in this instance? Yes. He was, he did send a volume of emails, he also would go to the site and scream at the people who were working at the site, I understood that he also made phone calls. Did you receive any phone calls? I did not receive any phone calls from him, no. So you were just told by other people, hey Avi called me today? I dont think thats exactly how it came up but. Im just asking how did you become aware of phone calls? I dont remember. Page 40

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa And he would go to the site, but in reality he lives across the street from it, right? Yes, he does. So I mean going to the site it would mean walking 50 feet across the street? I dont know how far it is. But, you wouldnt describe it as a long distance? No, its across the street.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 09:50 Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa VIDEO FILE M2U00079. And the negotiations with Wal-Mart on behalf of the neighborhood associations, did you include Mr. Adelman in any of those? I dont understand what youre asking. Did you solicit Mr. Adelmans opinion? There were surveys that were sent to everyone that were on the LGNA and the Belmont Addition email distribution lists. You put in here somewhere that his membership had been rejected to various neighborhood associations, right? His membership has been rejected to certain neighborhood associations. LGNA? I dont know that. Whats the other one you said? <mmm>. Belmont? He did receive emails from the Belmont Addition email distribution list and a survey was sent out. Was he still on that email distribution list do you know? Ah, as far as I know. Okay. No, I take that back, I take that back, he is not on it. Hes not on the list? No, hes not on it, because I send out emails and hes represented by counsel and I did not want there to be any confusion about me communicating directly with your client without. So when did you remove him? Probably about the time the lawsuit started. But before then, you sent out emails to him soliciting opinions or surveys? We sent out at least one possibly two emails to the Belmont list, yes. Page 42

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin But you would you agree that independent individual residents were free to communicate with, participate in the negotiations, they didnt have to go through you necessarily? Thats between them and Wal-Mart. But you refer to Wal-Marts decision to cease communications with Mr. Adelman in an email didnt you? Im sorry, ask that again? Did you ever refer in an email you sent to anybody about Wal-Marts decision to cease further communications with Mr. Adelman? I dont remember. If I showed you the email would you be able to? If you showed me the email I could tell you if it looks familiar. And youre authority to represent anyone in the negotiations stopped, began and stopped only with the neighborhood association entity, is that correct? I dont know if I would agree with that. did you ever represent anyone else besides the five neighborhood association entities in negotiating with Wal-Mart? Thats who I purported to represent. Did you represent anyone else? You know, there were several people in the neighborhood that talked to me about it over time, you know, they were members of the associations or maybe they arent, I dont even know. I mean I, somebody sent me something, I took it into consideration, Im not sure what youre asking. Im not sure if Im answering it. Justin Melissa Justin Melissa Justin Melissa I guess what I mean is, you certainly didnt represent Mr. Adelman, correct? No. And he wasnt a member of any NA, you said that you represented. I dont know, I dont know if thats true or not. How did you know whos opinion you were sharing if you didnt speak directly to members, did you have a decision making authority? No, I was representing them. The boards made the decisions. Page 43

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin So if Wal-Mart said, I want to come put a tree, there, could you say yes, or did you have to go check with the 5 board members? <mmm>. Or the five presidents? The decisions like that would have been made by the board. Are you aware of the group that calls themselves Close In Neighbors? Never heard of that. Okay. Before yesterday. Alright, let me hand you whats been marked exhibit sheet 2. Now Im going to ask your legal opinion, I know its (inaudible). Can you tell me what you think it is?

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 15:00 Melissa VIDEO FILE M2U00079. It appears to be a seven page print out. Its entitled Sole Practice and Remedies Code, Title 2, Trial Judgment and Appeals, Subtitle B, Trial Matters Chapter 27 Actions Involving the Exercise of Certain Constitutional Rights. Lets go to page 2 of this document, down to number 7 if you would. Yes. It says matter of public concern and it ends in a quote does it not? Yes it does. And what are the listed matters of public concern in this particular sheet of paper? It says, health or safety, environmental, economic or community well being, the government, the public official or public figure, or a good, product or service in the market place. So you testified earlier today that some of the subjects, about which you represented Wal-Mart would have included noise, traffic, lighting, aesthetics, landscaping, and product placement, and streetscaping which you still say those are things you represented, the neighborhood associations with Wal-Mart or. Yeah my answer hasnt changed. Would you describe, traffic as a health or safety issue? I dont know how to, I dont know how it fits into this statute. I mean lets just pretend, the statute, lets pretend, lets say its not a statute, lets say its a definition. You may or may not agree with it, but. Objection, form. Do you think traffic is a health or safety issue, using the plain meaning of what ever you mean health and safety to be. If your asking me, outside the context of the statute you have in front of me in general, do I think traffic is a health or safety issue, then my answer is it could be depending upon the context. Do you think, its a community well being issue? If youre asking me if. Objection, form. Sorry, if youre asking me. Page 45

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Justin

Melissa Justin Melissa Justin Ryan Justin Melissa

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Let me rephrase if I could. Do you believe traffic constitutes a community well being issue? If youre asking me in general, outside the context of the statute you handed me whether traffic could be considered a community well being issue, then I think it could be depending upon the circumstances. What do you mean outside the context of the statute? Im not sure what youre asking me. Yeah, if youll set exhibit 2 aside. Okay. Im just going to ask you to forget the statute and just use whatever you mean the following terms to define, to however you think they may be defined. Do you define traffic as an issue of community well being? So, this line of questioning, youre asking me is not, youre not asking my opinion based on how it fits in to Chapter 27 of the Civil Practice Remedies Code? Ill take that up with the judge, whatever you mean community well being to mean, the judge or jury I guess, what ever you mean community well being to mean. I. Do you believe traffic to be a community well being issue? Objection, form. I didnt use the phrase community well being, thats not a term I used. What would you describe as community well being? I dont know, I dont know how to answer that, I mean. What do you describe community as? Again. You dont know what community means? I think it could have a lot of meanings. What does it mean to you? It depends on the circumstances. Well, in the, you used the word community in your lawsuit. Can you direct me to the paragraph, where I used it please. Page 46

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Melissa Justin Melissa Justin Ryan Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa

Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Ryan Melissa Justin Melissa Justin Melissa Justin Sure, while Im looking, could you define the term neighborhood that you use in your petition. Could you. Sure. Neighborhood issues, statement of facts, page 2, page 6, you say neighborhood issues, what neighborhood. What constitutes the neighborhood thats having issues? In that paragraph, I describe it as the Lower Greenville area of Dallas. Would you say that is a community of people? Yes, I think thats a community of people. So is traffic as a form of concern for the community of Greenville, is it? No, I dont think it is? No? No. Would permits or certificates of occupancies relating to Wal-Mart be related to the government who issues certificates of occupancy and building permits? Objection, form. I dont know what youre asking me. Who issued certificates of occupancy and, other licenses during the construction of Wal-Mart? I dont know. Would it be fair to say its the City of Dallas? I dont know that, I dont know what licenses youre talking about, I dont know what permits youre talking about. Come on, you appeared before a Board of Adjustment within the last 30 days and you gave an hour long sermon about permitting and licensing and ordinances, surely its not that foreign, is it? Objection, argumentative, please restate your question. So you know what licensing and permitting was when you appeared before the board of adjustment with in the last month, didnt you? When I appeared before the Board of Adjustment, I knew about the particular permit that was the subject of that hearing. Page 47

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Permit to do what? I think it was a building permit. A building permit, and where did you make that argument, what building were you in when you made that argument? City Hall. So, it would be safe to say city issuing permits is a government issue, or a governmental function, would it not? Say that again? Is it safe to say that cities issuing building permits is a governmental issue or governmental function? I dont know. You dont know? I dont understand your question. Let me rephrase that, I dont understand what youre asking me. Is the issuing of building permits a governmental function? Yeah, I think it can be, yeah. Does anyone else issue building permits? I dont know. Is noise a community issue, or a community well being issue? I think it can be. Is it an environmental issue? Its not how I would typically define environment, but, somebody could define it that way, I guess. Is it a health and safety issue? Again its really not something I wouldnt consider a health or safety issue but, I suppose someone could define it that way. So its just a community well being issue? I dont know if its just a community well being issue. But it is that? Could be. Page 48

Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin And product placement, is that an economic issue? I dont know. Is product placement a good, product or service in the market place? I dont know how it fits into the statute, Justin. I see what youre trying to do, I dont understand your questions, and I dont know how to answer them. What Im asking is, how you relate the matters with which you negotiated on behalf of the neighborhood associations to Wal-Mart and whether or not those issues are matters of public concern, in the context of this definition whether its the statute or not, I mean thats a argument of law well make later, so what Im trying to do is when you testified about the issues you represented them, how would you characterize those issues? And Im asking would you characterize product placement as a service in the market place? I wouldnt. You would not? Why not? Because I dont know what service in the market place means. Would you describe product placement as having to do with products? Yeah, I guess it probably does. If we could go back to exhibit 1 paragraph 13.

Melissa Justin Melissa Justin Melissa Justin

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 25:00 Justin VIDEO FILE M2U00079. Now you say in, Im sorry, paragraph 14, you say that in the evening of September 10th, Kingston learned that the Defendant was using an email address, avi@ melissakingston.com and thats still your testimony right now? That it was September 10th that you discovered it? Thats when I discovered it. And that you allege and you remember Mr. Adelman admitting that he purchased MelissaKingston.com on September 7th, right? Objection, form. What question are you asking? What date did Mr. Kingston purchase the domain name? Im not sure that Mr. Kingston purchased any. Im sorry, what date did Mr. Adelman purchase the domain name in question, in relation to the lawsuit? According to WhoIsIt, Mr. Adelman purchased MelissaKingston.com, on September 7th. You didnt allege according to (inaudible) a statement of fact, Mr. Kingston, Unbeknownst to Kingston on September 7th, 2012, Defendant registered the domain name MelissaKingston.com and thats in paragraph 5, is it not? Objection argumentative. You lost me with the Mr. Kingston part, can you say that again? Unbeknownst to Kingston, on September 7th, Defendant registered the name MelissaKingston.com. Thats what the petition says. And is that what you believe knowingly to be true? Its what I believe to be true. so at anytime between September 7th and September, when you believe he bought the domain and September 10th, when you discovered the email including the domain, were you aware that you had suffered any damages? Objection, form. Im not sure I understand what youre asking me. Page 50

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Ryan Melissa

Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Had you suffered any, in between that period of time, suffered any loss of money? I dont know. Property? I dont know. Did you lose your job? I did not lose my job. Did you get demoted or anything? At my law firm? Yeah. No. So on September 10th, when you discovered it, had you been suffering any anguish for the last three days, you just didnt know what the cause was until you discovered the email? Objection, form. I dont understand what youre asking. Were you under any mental distress September 7th? Objection, form. I dont remember. Were you under any mental stress September 8th? Objection, form. I mean, in general? Yes, just yes or no, or however you want to answer, yes, no, maybe. I dont remember. September 9th, were you under, on the day of September 9th, were you under any mental distress? Objection, form. I dont remember. The date of September 10th, were you the subject of any mental distress? Objection, form. Page 51

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa Justin Melissa Justin I would say yes. And was that before or after you discovered the use of the avi@melissakingston.com email? After. So is it your testimony that you do not recall being under, being under any mental distress from September 7th until you discovered the email on September 10th, that you dont recall? Yeah, I dont recall any. Now in paragraph 16 of this petition, (inaudible) you cite in the middle, on information and belief that Defendant seeks to have Wal-Mart, neighborhood residents believe that Defendants statements are endorsed by Kingston on the issues pertaining to Wal-Marts new store, would you agree that thats what it says? I would. And, what information and what belief did you have that led you to that statement? I cant think of another good reason for him to use my name, other than to cause confusion, to cause people to believe that his statements are endorsed by me. So, its just your belief, not any particular information? The information would be the emails. Could be other information, Id have to think about that. Do you need a second? I remember having conversations with people about that subject. What people? I know I had a conversation with a couple of the folks at Wal-Mart and. And this was after the 10th? Yeah, after they started getting emails from my domain name. But before the 10th? No, cause I didnt know about it before the 10th, so, I dont remember what day of the week the 10th was.

Melissa Justin

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 00:00 Melissa VIDEO FILE M2U00080. But once I found out about it, in conjunction with that time period, I got calls from the folks at Wal-Mart and a couple of neighborhood people who wanted to known why I was letting Avi use my name, and whether I was, had approved him using my name and whether the statements he was making were endorsed. So some people called you and said, I believe, I was confused that this email was endorsed by you, they communicated that message to you? Thats paraphrasing, I mean, it was. (inaudible). I know I had a conversation like that with Kelly Durr and . Others? Yeah, there was a lawyer at Wal-Mart and I cant remember his name. But he would be on the distribution list, presumably of one of Avis emails? No, I dont think so. If he didnt receive it. It might have been forwarded or something. I see. And there were a couple people in the neighborhood, and Im not remembering who that was at this time. You dont recall someone coming to you and saying, you just recall someone doing it, you dont recall who did? Yeah. Do you remember if they lived on your street? No, I dont think they lived on my street. They dont? No, I dont think so. Did they communicate by phone? I remember a phone call. To what phone number? I dont remember. Page 53

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Your cell or office? I dont remember. Did you receive any emails from community members? Could have, I dont remember. Did you receive any questions in person from a community member wondering if you endorsed, avi@melissakingston.com? I think, Ive had those conversations, I dont think it was around that time period. It was maybe a little bit later that the 10th or 11th. Do you remember who it was after the 10th? Mmmmm. But all of these communications to you happened between the time that you filed the lawsuit and when you discovered. When. Im sorry let me rephrase, all of the communications occurred between the time you filed the lawsuit and the time you discovered the use of the email address? Melissa Justin Mmmm, I dont know if Id agree with that. It was around that time, I dont know if it was exactly the time period. Im trying to figure out is what happened between when you figured out that the email was being used and when you filed the lawsuit, exactly what information you had that led you to state on information and belief. I dont remember exactly what information I had. Can I hand you whats been marked defense exhibit 3, I will represent to you and counsel that it was attached as exhibit A to Defendants anti SLAPP motion to dismiss. Could you review this and tell me what it appears to be? It appears to be an email sent from MelissaKingston.com to a distribution list that Mr. Adelman controls. But the email address is not just MelissaKingston.com, its avi@melissakingston. com? Correct. In fact the name associated is Avi S. Adelman and then next to it is the specific email address? Its what it says. Page 54

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa And can you identify, were you aware of this email when you filed the suit? I dont remember if this was of the emails I know about or not. Could you read over it and identify what you would classify or characterize as any lie that is in the email. I dont know whether Wal-Mart agree to continue their support of the RPO program, my understanding is Wal-Mart is not providing any kind of financial support for any kind of RPO program. Wal-Mart never agreed to.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 05:00 Melissa Justin Melissa Justin Melissa Justin VIDEO FILE M2U00080. I dont know, not that Im aware of. Well... I dont believe that ya know, theres some stuff in here that, never mind, Okay, ask me your question again, I dont. Sure in paragraph 14 of your petition . <mmm>. What you have in front of you, I think you say these emails contain name calling, accuse people of being quote liars and have a version of Wal-Marts neighborhood market sign that has been altered by Defendant stating Wal-Mart screwing neighborhoods one house at a time. Mmmmhmmm thats true. So, Im wondering, which part of this email. Will council reference area specific email that was attached to this lawsuit that you have chosen not to copy in your deposition exhibit. I understand that, Im just.. But why dont you provide her with the exhibit thats referenced here if you want to talk about. Were going to go through all the emails, Im just, Im not necessarily relating this email to the petition, Im just asking, if any of this.. Miss Kingston can affirmatively state is a lie, or she believes to be a lie. Ryan Justin Ryan That was a different, thats a different question now, what you just did was compared her answer to paragraph 14. Ill rephrase. In an argumentative manner that I dont think is appropriate since you havent given her the complete document that was filed, so you can conduct your deposition how you want, but I dont think its fair to the witness to challenge an answer that shes given to you with an email that you havent provided her. Fair enough. Can you identify any name calling or derogatory statements made in this that you would characterize as derogatory in this particular email. Yeah, I think the sentence, we can start now and have them ready for when their customers overflow into the neighborhood ten seconds after the store opens is. Page 56

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Derogatory? I think thats derogatory, I think its false, and I think its intending to be inciting, and I have not gone to the link DallasCreative.com slash lighting, but the reference to War and Peace on your front steps causes me to be suspect about whats on that website. War and Peace, what do you know War and Peace to be? A novel. So besides the customers overflowing into the neighborhood about ten seconds after the store opens, can you identify any other statement that you would in this email, that you would characterize as derogatory? Mmmm, just the ones Ive already identified. And youre unaware of whether or not Wal-Mart agreed to continue support or the RPO? Not to my knowledge. Are you mentioned anywhere in this email? You mean other than my name? No, in the body of the text of the email, not in the address. Not in the body of the email, no. What is an RPO? Resident only parking. Is that a governmental function to establish resident parking? Im not sure about the exact program, Im not sure about the steps of having a resident only parking instituted in an area, I dont know how that works. Do you think that a citizen can just put up a sign that says, resident parking only? Im sure thats not the case. Would you describe resident parking only as a matter of health and safety in the neighborhood or a community issue? I probably wouldnt describe it as health and safety, it could be construed as a community issue although Im not sure that it falls with in the definition and the statute if thats what your asking.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa And do you know whether the government or the City of Dallas is involved in RPOs, the establishment of RPOs? Not, I think the city probably is, I guess I just dont understand, I dont remember the exact mechanism for having resident only parking established. And are Wal-Mart lights an issue of environment or community well being or anything like that? I dont understand your question, I dont understand what you mean by anything like that. I understand, I understand. Are Wal-Mart lights a matter of community well being, the Wal-Mart lights? I struggle with the term of community well being because its so broad. If you have a definition of it you want me to use than that would make it easier for me to answer your hypotheticals.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 10:00 Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin VIDEO FILE M2U00080. We will come back to it then, and I will (inaudible). And how is this email signed? Avi S. Adelman. And, is there a phone number underneath that? Yes, there is. And do you recognize that phone number to belong to anyone? No, I dont. Does it belong to you? . It does not. Would it surprise you that it was Mr. Adelmans phone? It would not. Im going to hand you whats been marked as Defense Exhibit 4 which Ill represent to you and counsel as attached to the anti SLAPP motion to dismiss. And could you take a moment to look at this and tell me what you know it to be, or believe it to be? I dont know or believe it to be anything, I can tell you what it appears to be. What does it appear to be? It appears to be an email, sent from my domain name to my husband and blind copying Will Short. You refer to your domain name. Did you own the domain name? No. So it just is a domain that includes a portion or all of, a portion of your name? Its the domain name MelissaKingston.com. But the whole email address is avi@melissakingston.com? Thats the email address, yes. What date and time does this email appear to have been sent? It appears to have been sent on September 8th at 2012 at 2:04pm. And were you aware of this email when you filed the suit? I dont remember if I knew about this email.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin And it was sent on, it was sent on September 8th and its still your testimony that it wasnt until the evening of September 10th that you became aware that any email had been sent using this email address. Its my testimony that I was not aware that Mr. Adelman had registered MelissaKingston.com until September 10th. This appears to have been sent on the 8th, I dont know if thats true or not. Do you have any reason to believe its untrue? I dont know, I just simply dont know. Lets assume the date and time was true. Okay. Is it still your testimony that you did not discover any email had been sent until September 10th, the evening of September 10th? Yes, thats my testimony. And who does this email appear to be directed to, or sent, addressed to? It was sent to my husband. How would you summarize the content of the email? It appears to be asking him questions about his potential campaign for it says D14, I assume that means district 14 city council seat. And, on September 8th, 2012, were you aware of Mr. Kingstons candidacy for Dallas city council? Objection, form. (inaudible the husband wife privilege). Im not asking you, were you told by Mr. Kingston. Hold on . The question might, so to the extent you can answer without revealing or invading the husband wife privilege, you can answer. I cant answer that question. Why? Because I cant answer that question without getting into information that my husband shared with me., . On September 8th, 2012 had you discussed with any other person about the potential candidacy of Mr. Kingston? Potential candidacy. Page 60

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Or actual candidacy.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 15:00 Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa VIDEO FILE M2U00080. Mmm September 8th, I dont remember. Had you since January 1st 2012 had conversation with Angela Hunt about Mr. Kingstons candidacy? Since January 1st 2012. To the present? Yes. Yes. And did that conversation occur before or after this lawsuit was filed? What is it you asked me about? If I had a conversation with Miss Hunt about what? Mr. Kingstons candidacy or potential candidacy for the district 14 seat on Dallas city council. Mmmm, I dont remember. You dont recall if it was before or after? I dont. But you do know that you had a conversation with her? I have had a conversation with Miss Hunt. Was that in person? No. Was it by phone? I believe so. Do you believe Miss Hunt might have information regarding the date and time or approximate date and time? Youd have to ask her. Do you remember what phone it was on? No. Did you just have one conversation? No, Ive probably had more than 1 with Miss Hunt. How many would you say youve had? A couple. Page 62

Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Ryan Justin Melissa Justin Melissa Justin Melissa More than five? No probably not. So youve spoken more than once, but less, no more than five times to Miss Hunt and you dont, do you recall if any of them occurred before the suit was filed? I dont. Do you recall whether the purpose of the phone call was primarily to discuss the candidacy or potential? No. Did you ever talk to Paul Simms about a candidacy for Dallas city council of Philip Kingston? Yes. Did, have you have that conversation before or after this lawsuit was filed? I dont remember. So its your testimony that your husband is running now and Miss Hunt is the current inc bent city council woman? Is that correct? For District 14, yes. And, your husband serves as her campaign treasurer? Is that correct? I dont know if thats true. Are you aware that he has in the past? Yes, he has. And, Paul Simms is now his campaign treasurer, are you aware of that? I am. Objection, form. Are you aware Paul Simms is Philip Kingstons campaign manager? Not that Im aware of. Is Paul Simms Philip Kingstons campaign manager? Not that Im aware of. Is Paul Simms his campaign treasurer? Yes, I believe so. Page 63

Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin And what is the relationship between Mr. Simms and Miss Hunt if any? I think theyre married. So its your testimony that your husband in the past as served as the incumbent city council womans (inaudible - treasurer). Its your testimony that your husband served as the treasurer for the incumbent city council woman and her husband now serves as the treasurer for your husbands city council campaign? And you have no ability to recall if before this lawsuit started, you had a conversation with Mr. Simms or Miss Hunt regarding the candidacy of Philip Kingston for city council? Right, I dont remember when we had those conversations. Were they all with in a weeks span, or over the (inaudible) time frame? No, I dont know, probably not, but I dont remember. Why is it so hard to remember? Objection argumentative. Justin, I dont remember. Would you agree, running for city council, in a city like Dallas, is a pretty big event, wouldnt you? Its important to him. And in fact, would you agree its important for the family of a candidates and officeholders, to be supportive of their political endeavors? Its important to me. And you are supportive of your family members political endeavors? Is that correct? Im supportive of my husbands campaign for city council. And, you dont recall, would you classify the date you filed this lawsuit as a memorable event in your memory?

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 20:00 Melissa Justin Melissa Justin VIDEO FILE M2U00080. No. It was just another day? Is that how youd. I mean the lawsuits important to me, but the exact date it was filed is not memorable to me. Well talk more about that in a little while, but going back to Defense exhibit 4, can you identify anything in this that you would classify or you believe to be untruthful or a lie? There are some things Im not sure of, and I object to him representing himself to be affiliated with me through my domain name. I would characterize that as dishonest. But besides the email address, anything in the text of the email thats untrue? I dont know the date that Philip registered PhilipKingston.com with GoDaddy. That could be true, I just dont know, I just dont know. As for the rest of it, I mean its mostly questions, I dont see anything. Is any of this, anything in the text of this email derogatory, that you would classify as derogatory? No, no. The words I am with Philip (inaudible) writing in regards to a story I am working on for the BD blog, do you have any reason to believe that would cause confusion for your husband? I dont understand your question. What would cause (inaudible) your husband seeing this email, he thought it was from you? I dont know. Objection, form. You dont know this? Who signed the email? Avi. And you would agree that all the questions in the email are related to Mr. Kingstons potential candidacy for Dallas city council? Appear to be. Is a candidacy for public office and issue for public concern? Page 65

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Could be. Is it here? I dont know what you mean. Is Mr. Kingstons candidacy for city council a matter of public concern? I dont know how you define public concern, could be. In your opinion, is Mr. Kingstons candidacy for Dallas city council a matter of public concern. I . same answer. It could be? It could be, yeah. It could be, what instance would it be a matter of public concern and what instance would it not be a matter of public concern? I dont know how to answer those questions, if you have a definition of public concern, I mean I think thats kind of like the community definition we were talking about earlier. It could be broadly defined, it could be narrowly defined, I mean it could be. Do you believe the public is concerned or interested in Mr. Kingstons city council candidacy? I think some of the public is. Some of the public? Yeah. Im going to hand you whats been marked as defense exhibit 5, which Ill represent to you and counsel also attached is exhibit C Defendants motion to dismiss If youll look over this and tell me what it appears to be. It appears to be a chain of emails that have been altered so the exact chains not here, but it is. And why does it appear altered to you? Because it says that it is.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 25:00 Justin Melissa VIDEO FILE M2U00080. Where? On the first page it says heres the Friday email from Wal-Mart, and then none of the, header, like the subject, the from, the to, the date or potentially other parts of the email are included. Its a cut and paste. Now, yall introduced a document very similar to this in Mr. Adelmans deposition yesterday, didnt you? I dont remember, looks familiar. I think I have it. Okay. I show you whats marked as exhibit 7 from Plaintiff s and I represent to you, this is my only copy. Okay. Which was yesterday, and I would just ask you to compare that, I still want to use the (inaudible) That I gave you for the purpose of the deposition, but I ask that you compare that, and see if theres anything different about the email that I handed you, and the email that you admitted yesterday as exhibit 7? They look the same. Could you I D. Were you aware of this email when you filed suit? I dont remember, the emails I knew about, I attached to the lawsuit. So if its attached to the lawsuit, yes. If its not attached to the lawsuit, Id say no. Thats very helpful. So any email that you did not attach to your original petition you had no knowledge of on the date you filed the lawsuit? I think thats right. Okay. (inaudible). Who are the recipients of this email? Hmmmm, which email? This email appears to be a forward from another one doesnt it? A forward of another email, so this particular email. Im not trying to be difficult, but there are several emails. Page 67

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Justin Melissa Justin Melissa Justin No I understand, but this. On this document. This top line where it says subject, it says forward nine eight, letters from Wal-Mart regarding parking. Okay. So it appears that, does it appear to you that this header which indicates a date, time, to, and from is a forwarding of the text and email that appears below original message? Yeah, it does appear to be that. And can you identify anything, in this, or would you describe the general subject matter of the email? Are we talking about just the first email on page 1 thats at top, say quarter of the page? Yes. So just that first email, tell me your question again. Can you tell me what the general subject matter is? It says this email was sent out to my neighbors list on Saturday evening. We kind of talked about that the text below the original message was what was being forwarded as this email refers to the message being forwarded as it appears below the texts original message? Thats what it appears to be. What does the text of the original message appear to be? I can tell you what it appears to be. It appears to be whats in the page. These pages. Which is? Pages one through four. And what are those issues? Lets see. And just in the interest of time, so we can wrap up this email, if I could just ask you some different questions. Can you identify any statements in the email that you identify as untruthful or a lie? That you believe to be untruthful or a lie? Page 68

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa Justin Melissa Justin Melissa Justin I think his use of my domain name is deceptive. Anything in the text of the emails? I dont agree with this statement that its going to take a lot more pressure on WalMart to resolve, to resolve the lighting issue. I think that is false. Would you describe that as an opinion or a statement of fact? Its presented as a statement of fact, and I think thats false. Anything else.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 00:00 Melissa Justin Melissa Justin VIDEO FILE M2U00081. Im not sure that the lighting violated any residential adjacency restrictions. And where do you see that? Same paragraph, again I dont have the link to DallasCreative.com Wal-Mart lighting so there could be something in that. Id have to look at that. If I could just go back to that statement real fast, I have asked the city building maintenance, citys building inspection staff to come out and enforce the residential adjacency restriction, to halt the issue until the certificate of occupancy. Is tat what you mean by you dont believe they violated it? You skipped over the part that thou shalt not light up the neighbors house. Okay. Im not, I, to my knowledge, the lighting at that Wal-Mart does not violate the residential. But, the (inaudible) that he asked the city building inspection to do something, its not that, I mean he doesnt say, it violates the residential adjacency restriction. He said, I have asked the city building inspector to come out and enforce it. Thats, wouldnt you describe that as a statement of fact? I think youre being argumentative. Thats not how I would read that. Wasnt that the text? I have asked the city building inspection staff to come out here and enforce the residential adjacency restrictions? Thats what it says. So when you say that I dont believe Wal-Mart violated it, my question to you is, he didnt allege violation, his statement was, I have asked the citys building inspection staff to come out and enforce the restrictions. Thats now how I read that. I think he is, I think he is alleging that the lighting violated RAR. So hes implying that? Or are you seeing text that Im not seeing? Objection, form. The text speaks for itself, you asked me what I thought was deceptive. I think thats deceptive. No, I want to be clear, Im not asking whats deceptive, Im asking what you believe to be untrue or a lie. I mean. Page 70

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session Melissa Justin Melissa Justin Okay, then I dont understand your question. Whats the difference between deceptive and untruthful. <mmm>. In your question? Because I wasnt drawing that distinction. If I tell you Im holding up a Sharpee, I consider that to be true. But if I say Im holding up a Sharpee, I consider that to be untrue. If I ask, if I say, Melissa, Im holding up a Sharpee, can you tell me whether Im holding up a Sharpee? I would assume, consider that deceptive because you dont have the ability to verify whether what Im saying or not is true. Okay? I have no idea how to answer your question then, cause that didnt, no disrespect, that didnt help me at all. If you dont understand the difference between, you dont understand the difference between the word deceive, deception and lie? You think they are the same? I dont draw that distinction with these emails, no. So anytime in this deposition that you said its deceptive, you mean that its a lie? Its untruthful. (inaudible) I think Lets go with that, thats a good definition. So, alright, anything that you would identify here as derogatory statement? Did you want to finish the first question you asked me? Anything else that I think thats deceptive? (inaudible). While shes reading that, what do you want to do about lunch? . A soon as were done with this I think that we have derogatory, and who signed and then well go to lunch. Okay.

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Melissa Kingston, Deposition 1/9/2013 - Part 1/Morning Session 04:25 Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa Justin Melissa VIDEO FILE M2U00081. I think a lot of Mr. Adelmans comments to Miss Durrs email are not truthful, or not, or at least deceptive. So his comments on, his commentary about her email, you find to be deceptive? Yes. And anything dero(gatory). Anything else that you find to be deceptive? Yeah, I find, I mean, I think theres a lot of things in his comments that are deceptive. But youre not aware of whether or not you had this email when you filed the lawsuit? Im certain Ive seen this email, cause I recognize the quote about Wal-Mart being on its knees in a pool of blood begging for mercy. Okay. That I recall. Were going to pick up with that after lunch, but lets see. I dont remember if this is one of the ones I had before I filed the lawsuit. And who signed the email? Avi. And under that, is there an email address? Yes. And what is that email address? avi@aviadelman.com. And is there a phone number or fax number? There are. Do you recognize those? I recognize the first one from a previous email, but. Would it surprise you that those belong to Mr. Adelman? No.

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