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Case 1:13-cv-04347-AJN Document 55-5 Filed 05/27/14 Page 1 of 35


Page 1
~ A. Mark
2 UNTIED STATES DISTRICT COURT
3 SOUTHERN DISTRICT OF NEW YORK
C~f ~TIF~~D
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X
AULISTAR. MARK, et al.,
6
Plaintif f s,
~ Civil Action
vs.
No. 13- cv- 04347
8 { AT N.)
9 GAWKER MEDIA
10 Def endants .
Zi- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
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i~
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15 DEPOSITION OF AULISTAR MARK
~6 New York, New York
17 Tuesday, April 8, 2014
1s
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az
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Reported by:
24 THOMAS A. FERNICOLA, RPR
~~ JoB No. ~i5oo
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1 A. Mark
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6 April 8, 2014
~ 1:38 p.m.
a
~ Deposition of AULISTER MARK, held at
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the law of f ices of Proskauer Rose, LLP, Eleven
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Times Square, New York, New York 10036, New
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York, New York, bef ore Thomas A. Fernicola, a
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Registered Prof essional Reporter and Notary
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Public o~ the Sate of New York.
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A. Mark
A P P E A R A N C E S:
LTDDLE & ROBTNSON
Attorneys f or Plaintif f s
800 Third Avenue
New York, New York 10022
BY: ANDREA PAPARELLA, ESQ.
PROSKAUER ROSE
Attorneys f or Def endants
Eleven Times Square
New York, New York 10036
BY: MARK BATTEN, ESQ.
ALSO PRESENT:
Heather L. Dietrick, Gawker Media, LLC
In- House Counsel.
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Page 4 ~'
1 A. Mark
2 A U L I S T E R M A R K,
3 called as a witness, having been duly sworn
4 by a Notary Public, was examined and
5 testif ied as f ollows:
6 BY THE REPORTER:
~ Q. Please state your f u1.1 name and
8 address f or the record.
9 A. Aulistar Mark, 2427 Adam Clayton
10
Powell, .7r. Boulevard, Apartment 5B, New York,
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New York 10030.
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EX AMINATION BY MR. BATTEN:
14 Q. Would you state your name f or the
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record, please.
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A. Aulistar Mark.
17 Q. Uh~- huh.
18 Are you employed today, sir?
a. 9
I~' ZO
A . No .
Q. When were you last employed?
z~ A. Tuesday of last week.. I' m a
~2 independent contractor, a f reelance video
2~ editor.
24 Q. ,And what was your last job?
25 A. Video editor/motion graphic artist
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1
A. Mark
2 Q. Why do you have it on your resume?
~ A. Because I' m still proud of the work
4 T da.d there .
5 Q. Do you show the work that you did at
6 Gawker to f uture employers, perspective
~ employers?
$ A. I show it to employers where it' s
9 relevant. The latest employer that 1 showed
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this to was the New York Times when I was
1~- applying f or a news assistant position.
12 Q. When way that?
13
A. That was in July of 2013.
14 Q,
Were you of f ered that position?
~5 A. Af ter getting to the f inal round of
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selection, T essentially did not hear back
17 f rom the New York Times f or a month and then
18 was declined due to competitive candidacies.
19 So it didn~t work out.
20 Q. Uh- huh.
21
Have you spoken with your other
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named plaintif f s in this case, that is,
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Mr. Lu, Mr. Matthews, Mr. Hudson?
' ,24
A. I spoke under - - in the presence of
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my lawyer.
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1
A. Mark
2 Q. How about without your lawyer
~ present?
~ A. Essentially just smalltalk, talking
s about where we' re f rom, what we' re doing now.
6 Q. Do you know which Gawker sites used
~ interns during the time that you were there?
8 A. T couldn~~ give you an answer at
9 100 percent accuracy; however, I did - - I did
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work next ~o a Gizmodo intern, and I also was
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brief ly told about all the interns in the
~2 of f ice, including the Gawker TV interns who
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were in the Gawker TV intern section.
14 Q, I' m sorry, what were you told about?
1s
A. I was told there is the Gawker TV
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interns. They sit here in the Gawker TV
' ~~ intern section.
sa
Q. Okay.
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Do you know anything about what
zo
interns f or other Gawker websites did f rom day
zl
to day?
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A. In day- to- day conversations with a
23 lot of the writers I did communicate with the
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Gizmodo intern, whose name, I don' t recall. We
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essentially had very similar jobs, myself f or
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A. Mark
2 Kotaku, him f or Gizmodo. T' m not sure what
3 he' s doing now. I haven~t kept in contact
~ with any of the interns at. Kotaku or at Gawker
5 Media.
6 Q. Okay.
~ Were there other interns you had
8 similar conversations with other than this one
9 Gizmodo intern?
10
A. No. Because I mainly communicated
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with Stephen Totilo and with my Kotaku team
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over Campf ire, which was our internal.
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communication network. There was very little
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reason to talk with people who weren' t
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really - - that wasn' t really work related
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outside of Campf ire, which is how we
17 communicated at work.
~8 Q. And within Campf ire you' re saying
19 you mostly were speaking to Stephen Totilo and
20 other - -
27- A. Stephen Totilo, Brian Crecen~e, Mike
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Fabey (phonetic) , Owen Good, and Luke
23
Plunkett, and also Brian Ash - - it' s Brian
z4
something. He sti11, I think currently works
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f or them. Maybe not. Brian Ash, something,
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1 A. Mark
2 out of Japan.
3 Q. Were there other Kotaku interns at
4 the time that you interned?
5 A. Yes.
6 Q. How many?
~ A. We all~had dif f erent start and end
8 dates; however, there' s f our of them, were,
9 including myself .
10 Q, Four did you say?
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A. Yes .
12 Q. And did you interact with them on a
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daily basis?
1~ A. No. I would - - we would be given
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ou~~ marching orders f rom Stephen Totilo,
~6 either Stephen Totilo or Brian Crecente, who
i7 was the editor- in- chief at the dime. We might
1~ communicate with things we had ~o collaborate
~9 on through Campf ire, because we all had
20 Campf ire log- ins, we all communicate through
21 Campf ire.
22
The - - sorry. Can you repeat the
2~ question?
~2~ Q. I was asking how much exposure you
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had to the other interns, how much you spoke
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A. Mark
2 with them f rom day to day?
3 A. Day to day not a lot of exposure.
~ There was - - there~s only one case where we
5 did collaborate on a project together, all the
6 interns.
~ Q. Anal Campf ire, just to be sure we' re
8 clear, is an internal chat system; is that
9 right?
~o A. Yes. Campf ire is an a.nternal chat
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system used by Gawker Media in 2010.
12 Q.
Okay.
13
And was there sort of a Kotaku area
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of Campf ire?
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A. Uh- huh. Kotaku had its own, I would
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say I guess its own section of Campf ire where
17 other Gawker Media employees could then, say,
~- 8 go into Kotaku~s Campf a.re if they needed to
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communicate with Kotaku employees or Kotaku
20 team as a whole. That' s how they - - that' s
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how they coordinated articles, especially
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between the Gizmodo - - - the Gizmodo, io9,
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Lif ehaCker and Kotaku team, since of ten we
z4
would do similar stories.
25 Q. Did you ever deal with anybody
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A. Mark
2 within Gawker f rom some centralized department
3 that provided services to various Gawker
4 websites, or was your interaction mostly with
5 Kotaku people?
6 A. On what level would that interaction
~ have to take place?
8 Q. On any level. Did you ever speak to
9 or communicate with Gawker employees that were
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not associated with Kotaku?
i1 A. Yes, because I was an intern in the
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SoHo of f ice, there was a receptionist. T
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talked to her daily. There was breakf ast
l~ Wednesdays where we would have f ree breakf ast
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provided on the table, at which point there
~6 might be smalltalk, hey, there' s a bagel,
17 would you like to have it. Id' s the last one.
~8
So we would do things like that.
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Essentially, maybe T had one conversation
20 about the IT department. I think it was a
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problem like the Internet connection, so I did
zz
speak with the back- end people at one point.
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I did have one short brief
z~ conversation with Nick Denton, was small, like
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my hand shake.
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A. Mark
z Q. Okay.
3 Do you know whether interns at other
~ Gawker websites had dif f erent responsibilities
5 than you did?
6 A. Do you want - - can you repeat the
7 question?
g Q. Do you know whether interns at other
9 Gawker websites had dif f erent responsibilities
to
than you did?
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A. At its core, we all had very
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similar - - we all have very similar duties and
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responsibilities, as f ar as I' m aware, when it
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comes to like editorial interns, interns who
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work directly with the blogs or websites and
~6 editorial team writers.
~- ~ Q. How do you know that they were
18 similar?
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A. Well, Ism aware of - - personally Ism
20 aware of what the other Ko~aku interns did
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because they did have similar stories and
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similar setup that T had. Only that T did
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work in of f ice. There was other interns who
24 worked in of f ice like the Gizmodo writer, the
2~ Gizmodo intern who also wrote stories, who
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Page 4 0 ~
1 A. Mark
2 essentially had a very similar experience as I
3 did.
4 There is some writing with
5 additional - - additional tasks taken, you
6 know, additional task out of or taken away,
~~ ~ depending on the skills of any particular
8 intern and how much responsibility they had
~ been given.
10 Q, Uh- huh.
~1 But how do you know, f or example,
~2 what interns at Jezebel were doing?
~3 A. Besides what I could read of their
~- 4 work, there' s really no way f or me to know
7.5 because Y hadn' t had a personal conversation
16
with them or their advisors. I just know
17 f rom, I guess, really, just documents, you
18 know, I could f ind today what they wrote, my
~9 observations of employees while working in the
20 of f ice.
21 Q.
But in terms of their interactions
22
with their supervisor , f or example, and how
~3 much f eedback they were getting on their work,
2~ you wouldn' t be in a position to talk about
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that, would you?
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Page 114 ~
~ A. Mark
2 MS. PAPAR.ELLA: Okay. Thanks.
3 MS. DIETRICK: Thank you.
4 (The deposition was concluded at
5 4:28 p.m.)
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i6 AULISTER MARK
1~
~$ Subscribed and sworn to bef ore me
~- 9 this day of 2014.
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Case 1:13-cv-04347-AJN Document 55-5 Filed 05/27/14 Page 34 of 35
~ A. Mark
2
3 C E R T I F I C A T E
5 STATE OF NEW YORK )
6 ) ss.
~ COUNTY OF NEW YORK )
s
9 I, THOMAS A. FERNICOLA, Registered
10 Reporter anal Notary Public within and f or
1~ the State of New York, do hereby certif y
12
that the within is a true and accurate
13
transcript of the proceedings held on
~4 Apri.1 8 , 2 014 .
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That I am not related to an.y of the
16
parties to this action by blood or
17 marriage; and that I am in no way
~$ interested in the outcome of phis matter.
19
TN WITNESS WHEREOF, I have hereunto
20 set. my hand this 18th day of April, 2014.
Z Z ,,I
~,,,'" .
22
23
THOMAS A. FERNICOLA, RPR
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