1/12/2018 7:31 PM

Velva L. Price
District Clerk
Travis County
D-1-GN-17-006533
CAUSE NO. D-1-GN-17-006533 Nancy Rodriguez

JOHN PROFANCHIK, SR. AND § IN THE DISTRICT COURT OF

JOHN PROFANCHIK, JR. §
Plaintiff, §
§
v. § TRAVIS COUNTY, TEXAS
§
JASON L. FRANCE §
Defendant. § 459th JUDICIAL DISTRICT

PLAINTIFFS' FIRST AMENDED ORIGINAL PETITION

TO THE HONORABLE JUDGE OF THIS COURT:

COME NOW John Profanchik, Sr. ("Profanchik Sr") and John Profanchik, Jr.

("Profanchik Jr") (collectively, "Plaintiffs"), complaining of Jason L. France ("Defendant" or

"France"), and for cause file this First Amended Original Petition and respectfully show the

Court the following:

I. DISCOVERY LEVEL

1. Discovery is intended to be conducted under Level 3 of Texas Rule of Civil

Procedure 190.4. Plaintiffs reserve the right to request that the Comi modify the discovery

control plan if the facts and circumstances of this case dictate.

II. STATEMENT REGARDING DAMAGES

2. Plaintiffs seek monetary relief over $200,000 but less than $1,000,000. The

damages sought herein are within the jurisdictional limits of this Comi. Plaintiffs reserve the

right to re-plead their Rule 47 allegations if the facts and circumstances of the case developed

through discovery dictate the same.

 III. PARTIES

3. Plaintiff John Profanchik, Sr. is an individual Texas citizen who resides in Collin

County, Texas.

4. Plaintiff John Profanchik, Jr. is an individual Texas citizen who resides in Travis

County, Texas.

5. Defendant Jason L. France is an individual residing in Dallas County, Texas, and

may be served at 4303 Springhill Estates, Allen, Texas 75002, or wherever he may be found.

IV. JURISDICTION AND VENUE

6. Jurisdiction is proper in the District Comi pursuant to TEX. Gov 'T. CODE §

24.007, because the amount in controversy of Plaintiffs claims are within the Court's

jurisdictional limits.

7. Venue in Travis County is mandatory pursuant to section 15.017 of the Texas

Civil Practice and Remedies Code because this is a suit for libel, and, for purposes of Plaintiffs'

suit, Plaintiffs rely on § 15.017's provision that such suits shall be brought and can only be

maintained in the county in which the plaintiff resided at the time of the accrual of the cause of

action (Plaintiff Profanchik, Jr. is a Travis County resident).

V. FACTS

8. Profanchik Sr is the CEO and President of ProCal Stone Design LLC ("ProCal"),

which specializes in hydraulically sprayed and troweled limestone that can be applied to interior

or exterior surfaces in residential and commercial spaces. StoneCoat of Texas, LLC

("StoneCoat") and Kenneth W. Mo1Tison ("Morrison") compete with Profanchik and ProCal in

the same industry, and the two sides have been involved in protracted litigation with each other

FIRST AMENDED PETITION 2

related to a business relationship that went bad. As set forth in more detail below, the animosity

of Morrison lead Morrison to team up with Defendant Jason France in an attempt to tarnish the

reputation of Plaintiffs and compete unfairly.

9. On December 7, 2016, a person identified as "Don Henley" posted a defamatory

review on RipOffReport.com. The review, with Report # 1341877, was entitled, "Pro Cal Stone

John Profanchik They Are Rip Off Artists Beware of This Man and Anyone Associated With

Him Including His Son Addison Texas" (hereinafter "ROR Review"). The ROR Review went on

to state:

Beware of John Profanchik with ProCal Stone. He claims to be the

inventor of this spray on stone product. After hiring him to redo
the front of my house with spay (sic) on stone John Profanchik
quickly began to show his true colors. He kept asking for more
money and the work they performed was aweful (sic). After some
online investigation I discovered that Stone Coat of Addison Tx
was the inventor of the product. I fired John Profanchik with Pro
Cal Stone and Thank God for Stone Coat. They did exactly what
they said and at a better price plus the work was amazing. Beware
of John Profanchik with ProCal Stone he lies and will try to take
your money.

10. The defamatory ROR Review lS available at

https://www.ripoffreport.com/reports/pro-cal-stone/addison-texas-75001 /pro-cal-stone-jolm-

profanchik-they-are-rip-off-artists-beware-of-this-man-and-anyone-ass-1341877, and attached

hereto as Exhibit 1.

11. On the same day as the ROR Review, another defamatory review was posted on

Google by " Don Henley." That review stated, "They ripped me off! Beware of this company and

their claims of spray on stone. The (sic) are scam artists!" A copy of this review is attached as

Exhibit 2 and hereinafter wi ll be called "Google Review."

FIRST AMENDED PETITION 3

 12. The following day, "Don Henley" lodged a complaint with the Better Business

Bureau in Dallas. This complaint stated, "John Profanchik was hired to blow stone on my house

with a new product he claims was his invention. After shady activity and poor work performance

I began to look into him and his company. I later found out he is a scam artist and Stone Coat

invented this process. I called Stone Coat and they came out the next day and finished the job

correctly and way under budget. Beware John Profanchik and Pro Cal Stone." A copy of this

complaint is attached as Exhibit 3 and hereinafter will be called "BBB Complaint."

13. The ROR Review, Google Review, and BBB Complaint (collectively "Fake

Reviews") all contain false statements of fact and are misleading. In the first instance they are

misleading because they do not differentiate between Profanchik Sr and Profanchik Jr. As shown

in the Affidavit of Profanchik Jr, attached hereto as Exhibit 4, Profanchik Jr is the only son of

Profanchik Sr. For the past twelve years, Profanchik Jr's sole occupation has been as a corporate

pilot with airline transport ratings. Profanchik Jr is not associated with ProCal, and he has never

been employed by Profanchik Sr' s business. Profanchik Jr also has no ownership of his father' s

business. To the extent the Fake Reviews identify Profanchik Jr as associated with ProCal or a

spray on stone business, they are false statements of fact and defamatory.

14. In the second instance, the Fake Reviews contain false statements of fact and are

defamatory because ProCal has never had a customer named "Don Henley," as set forth in the

Affidavit of Profanchik Sr, attached hereto as Exhibit 5. Specifically, the following statements

are all false and paint Plaintiffs and ProCal in a bad light:

The statement that Don Henley hired ProCal and Profanchik to do work is false.

Profanchik and ProCal have never provided goods or services to a person named Don

FIRST AMENDED P ETITION 4

 Henley. They also do not have any customer experience that fits the scenario

articulated by Don Henley.

The statement that Procal and Profanchik did "aweful" work is false and defamatory

because ProCal never had a customer named Don Henley.

The statement that ProCal and Profanchik kept asking for more money is false and

defamatory because they never had a business relationship with a person named Don

Henley and thus were never in a position to demand more money.

The statement that ProCal or Profanchik was fired is false and defamatory because

Profanchik would have to have been hired in the first place in order to be fired;

however, Profanchik and ProCal never provided services to a Don Henley.

The statement that Profanchik "lies" is false and defamatory because the statement is

based on a fake customer experience that never happened.

The statement that the public should "beware" Profanchik and anyone associated with

him is false and defamatory because it is based on a fake customer experience that

never happened.

15. In response to the Fake Reviews, ProCal filed a lawsuit styled ProCal Stone

Design, LLC v. Kenneth Morrison and StoneCoat a/Texas LLC; Cause No. 296-05415-2016, in

the 296th Judicial District Court of Collin County (hereinafter "Collin County Litigation"). As

part of the Collin County Litigation, ProCal sought expedited discovery. ProCal took the

deposition of Morrison, and received subpoena responses from Ripoffrepo1t.com, Google, and

the Better Business Bureau.

FIRST AMENDED PETITION 5

 16. During the deposition of Morrison, a copy of which is attached hereto as Exhibit

Q, the following admissions were made concerning conduct related to that alleged in this petition:

Morrison admitted to creating a fake Facebook page for ProCal, which had a moldy
piece of stone as its profile picture and directed people to StoneCoat. Exhibit 6 at
122:24-123:9; 125:22-126:5; 129:2-7 (in the "About" section of the fake ProCal
Facebook page, MoITison wrote, "StoneCoat is the one and only original having
created this market and business opportunity and is the manufacturer of this amazing
product.").

Morrison admitted a Houston Better Business Bureau fake complaint about ProCal
was submitted using the name and email address of a StoneCoat employee, and that
Morrison had access to that person's computer and email account. Exhibit 6 at 102:5-
8 (admitting Ellis Merworth worked for StoneCoat) and 92:3-16 (admitting Morrison
sent emails from and had access to Merworth' s email address).

During the relevant time, StoneCoat's other employees were submitting

complimentary Google reviews about StoneCoat without disclosing their connection
to the company. See Exhibit 7 (Google reviews submitted by Kimberly Kay, Russell
Gran, and Eric Golden praising work allegedly performed by StoneCoat); Exhibit 6 at
14: 14-17 (Morrison admitting Kay is a StoneCoat employee), 31 :9-16 (Morrison
admitting Gran is a part owner of StoneCoat), and 29:6-9 (Morrison admitting Golden
is a StoneCoat employee).

17. Morrison also admitted that the following information as to the claims in this

lawsuit:

A person by the name of "Don Henley" has never been a customer of StoneCoat and

every "Don Henley" would be a stranger to Morrison. Exhibit 6 at 49:6-23 and 97: 1-

3.

The ROR Review was a fake review and no customer of ProCal had switched to

StoneCoat within the last month. Exhibit 6 at 135:13 - 136:8.

FIRST AMENDED PETITION 6

 The BBB Complaint was a fake complaint. Don Henley was not a customer of Stone

Coat and StoneCoat never did a job like the one described. Exhibit 6 at 132: 13-

133 :20.

The Google Review was also a fake review given StoneCoat never had a customer

named "Don Henley" and had not performed work for a customer after that

customer's dissatisfaction with ProCal. Exhibit 6 at 137:11-138:6.

18. During the expedited discovery phase, Profanchik Sr also obtained subpoena

responses from Google, the Better Business Bureau, and the company responsible for

RipoffReport.com. Those subpoena responses revealed that the true identity of "Don Henley"

was Jason France.

19. Jason France is a convicted felon who specializes in online business marketing.

The Texas Secretary of State records show France is the manager of a company called Blue

Swan Marketing. Exhibit 8. France has never been a customer of ProCal and is wholly unknown

to Profanchik. Exhibit 5.

20. France does know Morrison, and according to the phone records that were

subpoenaed, France knows Morrison pretty well. See phone records attached hereto as Exhibit 9.

France's phone records show that France was in communication with Morrison during all

relevant times to when the Fake Reviews were posted. Specifically, the phone records indicate

France spoke with MoITison two days before the ROR Review was posted and two days after the

BBB Complaint was submitted. It appears that Morrison even had seven phone calls the day

Morrison gave his deposition in the Collin County Litigation.

FIRST AMENDED P ETITION 7

 21. Tlu·ough this conspiracy between France and Morrison, France participated in

defaming Profanchik Sr and Profanchik Jr, for which the Plaintiffs hereby bring suit in Travis

County, where Profanchik Jr resides and works professionally.

22. Profanchik Jr has suffered substantial damages, both monetary and to his

reputation. The first time Profanchik Jr learned of the ROR Review was during an interview.

Exhibit 4. Profanchik Jr did not get the job because "image is everything" and the ROR Review

would prevent him from obtaining government security clearance which was a requirement for

the job.

23. Profanchik Sr has likewise suffered damages, including but not limited to the cost

to have some of the Fake Reviews removed. Exhibit 5. The Fake Reviews have cause Profanchik

Sr to lose customers and generally have affected his reputation.

VI. CAUSES OF ACTION

COUNT 1: DEFAMATION

24. Plaintiffs re-allege herein the allegations in the foregoing paragraphs.

25. Defendant published and/or has caused to be imminently published false and

defamatory statements of fact about Plaintiffs, as set forth above. They are primarily defamatory

because they were posted by a fake customer related to a fake customer experience. It is

undisputed that when the Fake Reviews were posted, StoneCoat did not have any customers who

had previously hired and fired ProCal.

26. Defendant's false and defamatory statements constitute libel per seas they tend to

injure Plaintiffs' reputations and impeach Plaintiffs' honesty, integrity, and reputations and

thereby expose Plaintiffs to financial injury.

FIRST AMENDED PETITION 8

 27. Defendant knew that the statements made were false or, in the alternative, acted

with reckless disregard concerning the truth of the statements.

28. Defendant's false and defamatory statements have injured Plaintiffs and continue

to threaten to injure Plaintiffs irreparably by inducing others not to deal with Plaintiffs.

29. Plaintiffs are entitled to recovery of attorney's fees, costs, and all available

damages, actual, special, exemplary or otherwise.

COUNT 2: CONSPIRACY

30. Plaintiffs re-allege herein the allegations in the foregoing paragraphs.

31. France was a member of a combination of two or more persons. The objection of

the combination was to defame Plaintiffs. France and Morrison had a meeting of the minds

related to defaming Plaintiffs. Pursuant to Morrison's direction, France submitted the Fake

Reviews under the pseudonym "Don Henley" and listed multiple false and defamatory

statements, all in an attempt to promote StoneCoat and disparage ProCal and Profanchik.

Plaintiffs have suffered damages as a result of the conspiracy.

COUNT 3: PERMANENT INJUNCTION

32. Plaintiffs re-allege herein the allegations in the foregoing paragraphs.

33. Pursuant to Kinney v. Barnes, 443 S.W.3d 87 (Tex. 20 14), Plaintiffs request a

permanent injunction requiring the removal, deletion, and de-indexing of the defan1atory

statements set forth above, including but not limited to:

Deletion of the ROR Review containing Report # 1341877 and available at

https://www.ripoffreport.com/repmis/pro-cal-stone/addison-texas-75 001/pro-cal-
stone-john-profanchik-they-are-rip-off-artists-beware-of-this-man-and-anyone-ass-
1341877.

F IRST AMENDED PETITION 9

 Deletion of the following statements:

o ProCal Stone John Profanchik They are Rip Off Artists

o Beware of John Profanchik with (and) ProCal Stone

o He lies and will try to take your money

o He claims to be the inventory of this spray on stone product.

o After hiring him to redo the front of my house with spay on stone John
Profanchik quickly began to show his true colors.

o He kept asking for more money and the work they perfom1ed was aweful.

o I fired John Profanchik with ProCal Stone and Thank God for Stone Coat.

o They did exactly what they said and at a better price plus the work was
amazing.

o They ripped me off1

o Beware this company and their claims of spray on stone.

o They are scam artists.

o After shady activity and poor work performance I began to look into him and
his company.

o I later found out he is a scam artist.

o I called Stone Coat and they came out the next day and finished the job
correctly and way under budget.

34. Here, Plaintiffs are entitled to a permanent injunction because they have alleged a

cause of action, and have a probable right to relief and a probably injury.

VII. CONDITIONS PRECEDENT

35. All conditions precedent to Plaintiffs' enforcement of the rights asserted herein

have been performed or have occurred.

FIRST AMEN DED PETITION 10

 VIII. REQUEST FOR RETRACTION

36. Pursuant to the Texas Civil Practice and Remedies Code §73, et seq., Plaintiffs

hereby request that Defendant, who authored and published the disparaging Fake Review

referencing Plaintiffs on Ripoffrep01t.com, to correct, clarify, and/or retract the defamatory

statements made about Plaintiffs in the review regarding ProCal Stone published on

Ripoffreport.com. The content of the review is defamatory per se, as it leads readers to form

negative opinions of Plaintiffs' reputations and integrity, among other things. The defamatory

meaning is easily understood from the express language used in the Fake Reviews.

IX. JURY DEMAND

37. Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Plaintiffs hereby

request a jury trial in the above-referenced suit. Plaintiffs have tendered the required fee with this

filing.

X. PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully pray that Defendant

be cited to appear and that, upon final hearing, the Court render judgment for Plaintiffs against

Defendant for the following:

I. Plaintiffs' actual and special damages;

2. Exemplary damages;

3. Attorney's fees and costs;

4. Pre- and post-judgment interest at the highest applicable rates allowed by law at

the time the judgment is rendered;

FIRST AMENDED PETITION 11

 5. A permanent injunction requiring the removal, deletion, and de-indexing of the

defamatory statements; and

6. Any and all other further relief, at law or in equity, Plaintiffs show themselves to

be justly entitled.

Respectfully submitted,

HANCESCA RBOROUG H, LLP

111
400 W. 15 Street, Suite 950
Austin, Texas 78701
Telephone: (512) 479-8888
Facsimile: (512) 482-6891

By:

bpena@hslawmail.com

ATTORNEYS FOR PLAINTIFFS

FIRST AMENDED P ETITION 12

EXHIBIT 1
Ripoff Report I Pro Cal Stone Complaint Review Addison, Texas

by consumers, for consumers ...

!!!Pd Renon@
Don't let them get away with it!® Let the truth be known !™

FILE A REPORT .. .it's Free!

Company Name or Report #

• Review Latest Reports • Advanced Search • Browse Categories

•Total Visits: 8,978,249,751+ •Money Consumers Saved : $15,711 ,937,064.79+ • Reports filed : 2,137,410+

Report: #134 1877

Complaint Review: Pro Cal Stone

•Submitted: Wed , December 07, 2016 •Updated: Thu , February 09, 201 7
•Reported By: Don Henley - Plano Texas USA

• Pro Cal Stone

4253 Kellway Cir
Addison , Texas
USA
• Phone: 844-776-2252
• Web: proca lstone,com
•Category: Builders & Contractors

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https://www.ripoffreport.com/ ... xas-7500 l/pro-cal-stone-john-profanchik-they-are-rip-off-art ists-beware-of-this-man-and-anyone-ass- 134 1877(1 /4/20 18 2:08:24 PM]
Ripo!T Report I Pro Cal Stone Complaint Review Addison, Texas

Pro Cal Stone John Profanchik They Are Rip Off Artists
Beware of This Man and Anyone Associated With Him
Including His Son Addison Texas
*REBUTTAL Owner of company: SUPPLEMENTAL UPDATE By ProCal Stone:

*REBUTTAL Owner of company: Fake Competitor/Imitator Review

REBUTTAL BOX™ I~ I Consumer Comment \. •

Add Rebuttal to this Report

File New Report

Beware of John Profanchik with Pro Cal Stone. He claims to be the inventor of this
spray on stone product. After Hiring him to redo the front of my house with spay on +--- Is this
stone John Profanchik quickly began to show his true colors. He kept asking for more
Ripoff Report
money and the work they performed was aweful. After some online investigating I
discovered that Stone Coat of Addison Tx was the inventor of this product. I About you?
fired John Profa nchik with Pro Cal Stone and Thank God fo r Stone Coat. They did
exactly what they said and at a better price plus the work was amazing. Bewa re Ripoff Report
of John Profanchik with Pro Cal Stone he lies and will try to take your money .
A business' first
line of defense
on the Internet.

If your business is
willing to make a
commitment to
customer satisfaction
Click here now,,

This report was posted on Ripoff Report on 12/07/2016 09:29 AM and is a permanent record located here: https·/fwww ripof(ceoort com/reports/pro-cal-stoneladdjson-texas-
75001/pro-cal-stone-iohn-pro!anchik·they-are-rip-off-artists-beware-of-this-man-and-anyone-ass-1341877. The posting time indicated is Arizona local time. Arizona does not
observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be
copied without the written permission of Ripoff Report. READ: Foreion websites steal our content

https://www.ripotTreport.com/ ... xas-7500 l/pro-cal-stone-john-profanc hik-they-are-rip-o!T-artists-beware-of-this-man-and-anyone-ass- 134 1877[ 1/4/20 18 2:08:24 PM]
EXHIBIT 2
12'7!2016

.. ~

Ocih Henley Rating . ~eview pbsted on

Best.iJr.actices for resp.onairi~'tQ. ceviews

Pr'<!~l:S,:~ne Design - De<;:.7. 20)"(?-·edlt- 9eiete

This'is.a fake customer review.likely submitted -b y a competiton. Don Henley is.a.fine musician but has never bee-n· ~a·
cUstor:ner of ProCal Stone Design. We encourage anyone inter est ed. In c:iµr pn;i<;fuctto.visit our website or shc:iw~oQl'n.$irid .
V'~-~.re happy to provide references .f rqrn a9tuaf customers. We .are current ly"-jn the legal proc~ of removing .this
fla(a~sing review.

l l2
Exhibit3
EXHIBIT 3
EXHIBITD

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0
0
0
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Serving North Central Texas I Dallas & Wichita Falls

Change Location

CUSTOMER REVIEWS - ADD A COMMENT

Review of Pro Cal Stone Desig'n, (LC - Click to View BBB .Busine~ Review

! Origir'lal RevieiN.:
·iJohn P.rofanchik was hired to blow stem~ on my house with a new·product he ·claims was his invention. Mer shady
i r a
activity and. j:loot wolk performailte began·to Joo!( ir'ltO hiin an.d his ccimpaiiy. 1latet found olit he is sCam artist and
1 Sto~ · Coat invented this process. I called stone Coat and:they came 01.,rnhe next;.crd.y and finished t11e job correctly and.
) way under budget. BeWa.re·oi Johh Pr:Ofahdlik and Pro Cal Stone ·
!
"reviews from Don Henley, ctonhMley7373@gma1Lc:Om {zip code; 75002} on 12A>7~6

'. o · Cheek this boX If you don't believe you've had a marketplace interaction With this person.

S i riUS Spans°""' 8Y .
eusiness·Ni>me, Category, URL,. Phone - - S-oiu:; Plumbing &.Air conditioning

---··--···;··-· --· -· . ··.·-· .... ..

EXHIBIT 4
 CAUSE NO. D-1-GN-17-001379

JOHN D. PROFANCHIK, JR., § IN THE DISTRICT COURT OF

§
Plaintiff, §
§
V. §
§ TRAVIS COUNTY, TEXAS
KENNETH W. MORRISON and §
STONECOAT OF TEXAS, LLC, §
§
Defendants. § 261sT JUDICIAL DISTRICT

AFFIDAVIT OF JOHN D. PROFANCHIK, JR.

STA TE OF TEXAS §
§
COUNTY OF TRAVIS §

BEFORE ME, the undersigned Notary Public on this day, personally appeared John D.
Profanchik, Jr., known to me to be the person whose name is subscribed hereto, and after
being duly sworn on his oath stated the following:

1. My name is John D. Profanchik, Jr. I am over the age of eighteen and am

competent to make this affidavit. I have personal knowledge of the facts stated in
this affidavit, and the facts as stated are true and correct.

2. I am the Plaintiff in the above styled lawsuit. I am a real living person who resides
in Travis County, Texas. I am the only son of John D . Profanchik, Sr. and I have
two younger sisters, one of whom is married to Justin Kinser.

3. I am not an elected official, and have never run for public office. I am not a public
figure or public personality, i.e., I am not a TV star, movie star, news broadcaster,
professional athlete, musician, or a CEO of a Fortune 500 company. For the past
twelve years, my sole occupation has been as a contract corporate pilot with airline
transport ratings.

4. My father owns and operates ProCal Stone Design, LLC, a business in the Dallas
area. My knowledge of that business is limited to the fact that the business
involves construction and/or limestone application to buildings. I have only visited
my father's office once or twice, and I am not associated with his business in any
form or fashion. I have never been employed by my father's business and I have
no ownership interest in my father's business.

5. I have brought this lawsuit to vindicate my name and to have the fake reviews
removed from the internet so that they cannot continue to cause damage to my

AFFIDAVIT OF JOHN 0. PROFANCHIK, JR. PAGE]

 reputation. The fake consumer review on ripoffreport.com was first brought to my
attention during an interview for a position at FlightSafety International, Inc.
("FlightSafety"), which works with and trains pilot staff of esteemed Fortune 500
companies and other large corporations. The human resources representative
conducting the interview showed me a printout of the review, and she did not seem
happy about it. I am not sure why they would wait to bring up the fake review until
the interview, and I was completely blindsided when it was showed to me. I
explained that I assumed the review was directed at my father's business, and that
I was not involved with my father's business. I also explained that my father and I
share the same name. My explanation was dismissed. The interviewer responded
that " image is everything" when it comes to their company and its personnel, and
that they could not hire me with that type of information out in the public space.
Also, because the company worked with the government, this information would
slow or prevent my ability to gain government clearance. Needless to say, I did
not get the job.

6. Since finding out about the fake review, I have also applied for numerous flight
instructor positions at CAE, Inc. (" CAE"). CAE asked whether I could qualify for
government clearance, but based on what I was told by FlightSafety - that the
malicious information posted on the Internet would hold up a request for
government clearance - I had to tell CAE the truth about this complication.
Unfortunately, CAE's human resources department did not event want to try to
push my clearance request through. Without clearance, I could not qualify for a
position at CAE.

7. The fake review' s warning that my father and I are "rip off artists," "lies," and
" will try to take your money" is not true. I am in no way involved in my father,
John D. Profanchik, Sr.' s business, and I should not be associated with any
complaints directed to his business. The fake review has severely affected my
reputation and exposed me to public ridicule, contempt, and financial injury.

8. Specifically, this fake review has hurt my ability to get a job, and has cast my
name in a negative light for anyone with the ability to search the Internet to see.
Despite the total absence of a relationship between me and my father 's business,
and despite the absence of any contact between me and Kenneth Morrison, Mr.
Morrison decided to drag my name into his defamatory campaign against my
father. This lawsuit should be allowed to proceed so that Kenneth Morrison may
be held accountable for his actions.

AFFIDAVIT OF JOHN D. PROFANCHIK, JR. PAGE2

 FURTHER AFFIANT SA YETH NOT.

J . rof38 · , Jr.
/-"' .... \5.\-
SWORN TO AND SUBSCRIBED before me by John D. Profanchik, Jr. on this _%th
day of July, 2017, to certify which witness my hand and seal of~
~5~-:::::::::;;;;----
Notary Public, State of Texas

.,,-:_','.~.!'.f.~··,, ADAM PEYTON

-<>~·(,,
§'':' Y'%Notary Public, State of Texas
~~.. ..~g My Commission Expires
~,;;f,:~,~-·f~~,,.. February 17, 2019

AFFIDAVIT OF JOHN D. PROFANCHIK, JR. PAGE3

EXHIBIT 5
 CAUSE NO. DC-16-15721

JOHN D. PROFANCHIK, SR., §

§
PROCAL STONE DES IGN, LLC § lN THE DISTRJCT COURT OF
(lnlcrvc.nor) s~
~
~
PluinlifT, s
~
s
~
v. s
~
§ DAI.LAS COUNT Y. TEXAS
KENNETH W. MORRISO N, and §
STONHCOAT or TEXAS. 1.1,C, ~
~
~
~
Defendants. § 68th J UD ICIAL DISTRICT

AFFll)AVJT OF .JOHN D. PROFANCHJK, SR

IN SU1JPORT OF PLAINTlFFS JOHN D. PROFANCHTK , SR. AND PROCALSTONI~

DESIGN, LLC'S RESPONSR IN OPPOSITION TO DEFENDANTS' MOTION TO
DISMISS AND FOR DAMAGES, COST ANO ATTORNEYS FEES AND BRIEi" [N
SUPPOlff OF PLAINT IFF'S COU NTER-MOTION FOR SANCTIONS

STATE OP TEXAS §
§
COUNTY OF DJ\l.Li\S §

BEFORE ME, the t11H.lersignt.:d Notary Puhlit:, on this day personally appearct.1 John D.

Profanchik. Sr. and being by ml.! duly sworn 011 his oath, deposed and stmcd u:; liillows:

l. My name is John D. Profanchik, Sr. I am old~r than eighteen ( 18) yeurs of age

and have never been convic!cd of a lelony or n crime involving moral turpitude. I am of sound

mind and am f'ull y co111pc1cnt lo make ihis affiduvit. I h:wc personal knowledge of the facts

stated in this aft1davit, all ul' which ar1:: true and cnrred Ill Lhl.i best ol'my knowledge.

2. r um a member, lount.lcr, Chief 1: xceuliv.:: Ollic1:r am! President of ProCol Stone

Design, LLC (''PrnCal"), an 1\ddison, Texas, c.ompHny spcc.inlizing in hydrnul kal l ~· sprnycd and

Profi111cJ1ik i\fficlrlvit · · P.'\ (i E I

16~667
1rowclcd lirncsrnnc thm can he applied to interior ond exterior surfaces in residential and

comm<.: n:ial spaces .

.1. Del'endanls 111 llie abuvt:-lisll:d l.:illlSC or m:lion an.! 1< 1.: nll\.!lh Murriso11 and hi s

company, StoncCoat of Texas, LLC ("StoneCoa!"), Morrison is one of the owners of StoncCoat
and is affi liated wi1h other 1.:ompanics who compete with Plaintiffs. Sro ncCoal did compete with

Plaintiffs hut no longer does so, although ii is in !hi:: same industry.

4. ProCul and I arc suing Defendants for one or more claims or dcfhmation, business
dispnrngcmcnt nnct dcccpti vc trade rrneticc:>. We allcg0 thm· DcJb1dhi1ts cngngcd i11· n sustained

campaign of harnssmcnt against me and ProCal through the submission of fake online cus1omer

re views, including on Ri pofTrcport.com. Google, and the l3cner Dusincss Bureaus of Dallas and

Houston (collectively ''the Fake Reviews").

5. The h~kc Reviews were preceded by Defendants' creation of a fake Faccbook

page purporting lu be ProCal. which was unllatwring and dis paral:ling. Ocfondanl Morrison

admitted creating this fo.ke Facebook profile and admincd that the:.: page directs viewers tn contact

StoncCoat for i1s services. The Faccbool-: page has been removed by Faccbook. ProCal and

ProC'<1l and I incurn:d 1;::-;penscs paying our counsel. Sayles Werbner, P.C., to \VOrk with

Fuccbook to hnvc the:.: pagt' r\·mo ved !cir violation of' Face book pllli<.:ies. 1 havl! 11ol dete1111incd till·

exact dollar nmoum spcm, but i1 is over $1 ,000.

6. In (ktobcr 20 16, ProCal and I received nolit:c of a complaint submillcd

(published) to !he Beller Business nurem1 of' Housion regarding J>rnCul Stone's new Houston

location. ProCal Stone hud never had a Houston customer al the lime of the complaint's

submission. The cu111plaint was sub111itt1.:d usin~ the name aml crnail address or a person from

Wylie, Texas (a Dullus suburb) numcd Ellis Mt:rworth. Elli:i Merwonh wm; workinlJ, al
Profitnl!hik Af'fiduvit - PACJE 2
16-1667
StoncCoai at 1he time 1he review was submitted. l ~llis 1V1crworth has neve r been n l'roCa l

customer. The. complaint was disparaging. ProCal and I incurred expenses having our counsel,

Sayle~ Wt:rbner, P.C'., to work with BBB-Hous\on to prcvenl the complaint 's publication to the

general public. l have not deIermined the exact dollar amount spent, but it is over S1,000.
7. On Dccl! lllbcr 7, 2016, J>roCal and I recci vcd no lice of a com pla int puhlisht:d on

the internel to the gcm:ral public on www.ri pofm.eport.com regarding l'rnCul. myse lf~ uml my

so1i. The complaint pu1vorts to he submitted by u Don Henley of Plano, Te:.:xas who claims,

among other things, tJ1at he was a l'roCnl cu.stomer, that ProCa l and I trcuted him poorly and did

poor work, and thHl he then bccanw a StoneConl custon11:r. who he claims gave him belier

service at a better price. The complaint paints ProCal nnd me in a very <lispnrnging light and tells

\he public to bcwure or me and ProCal because, among other things. we nrc allegedly "rip off

artists." This review contains false and disparaging stall::mcnls and depicts a fok c customer

experience that never happened. I am unaware of any :ictual ProCul customer who may have

submitted this fak e n:view. I do not know uJ' a Don ~k~nlcy who owns propcrry in l'lnno, Texus. I

have reviewed ~he ripoffreporc.com response lo a subpoena, whkh in<li<.:ulcs that \he person who

submitted this fake rt:vic\v is a person named Jason France. Neither ProCal nor I have ever
. . '

served a person named Juson France ns a customer nor do we otherwise know him.

8. On or ubout the snmc day, December 7, 20 16, PruCul und I also received notice ur

a complaint submitted (publ ished) to lhc B..:l\cr Bus in~·ss Ourcau of Dallas. This cw;tomcr review

was also submi1tcd by u Don Henley, who c.lnimc<l to bt~ someone from Allen, Texas. There is, 10

my knowledge, no Dun Henley who owns a rcsidcnct: in Allen, Texas. No person named Don

Henley has ever bt'en a ProC'n l customer. This review con1ains similarly foist: and dispnrnging

stntcrncnts nn<l Jcpk ls a fokl.! 1.: us1onwr e.xpcricncc that never happened. I am unaware of' any

P~ofoncbJ..lAffi<lavit -PAGE 3
16 1667
.icl ual ProC'al t:ustomcr who may have submitte<l lhis fr1ke review. l ha ve reviewed the BBB-

Dallas res ponse to a i>ubpot!nu, which indicates that the person who submilte<l thi:; BBB-Dulin:;

fokc review is a person named Jason France. Neither ProCal nor I ha ve ever served Jason forance

as a customer nor <lo we otherwise know him. J have. learned that Jason France offers online
marketing m1d business reputat ion sa viccs fo r hi re.

9. Abo on or about December 7, '.2016, Pro Cal and I received no ti <.:c of u customer

review publi shc<l 011 the inkrnd on G1iogle bus iness rnviews. This customer review was ;.il so

submitted by a Don Henley. I t is ulso a fo lse an<l disparaging, fake customer review. I am

unnwure of' any ac1uul ProCul customer who may hn vc suhmilled Lhi s fok c re view. l have

reviewed Google's rt'sponsi;; lo a subpoena and it indicates tha t the same Jason France submitted

the review. Neither ProCa l nor [ know or any reason why Jason France would \Vant to subm it

disparaging complni 111s abou t ProCal. I-Tis complaints reference hilll learning that StoneCoai

invented li mestone spray product, but there is on ly one person in the world 1hal I am awnrc of

who bd icvcs that tu be a lrue statement, und that is StoneCoa1·s owner, Kenneth Morrison.

10. These Fake. Ri;;views alluck ProCal and mi.! in our busi ness, prokssion, and

o<.:cupution. They attack ProCal's and my own rcputnrion !'or honesty and integrity, as wel l as the

quulity of' our husiness anti produt:ts/serviccs. lhey contain false statements of l'acL. Among other

things, it. is untrue that S!oncCou! is the inventor of spray on stone produc.t, ProCul has never had

a eustomcr named Don Henley (neither lht: fomous Don I fenley nor anyone else) or Jason

Prnncc, and ProCal and I arc unaware or any customer who fits the Fake Review's descriptions.
Tin: :;latcmenl:; that this pi.!rson hi red ProCal and me to do stone work is fal se . Wr;; never did

work for this person (and thus our work was not "awcf'ul" [skl, und we never asked this person

for money or for "more moni.!y." Th is person never '' lhed John Profanchik with Pro Cal Stone." I
prorunchi ~ Affi<lavit - PAOE 4
j(,4(o(,7
never li ed lo this person antl never 1uok his money . Moreover, Delendunls admincd in deposit ion

that this person hct:s m:ver been a Stom:Cuat customer as ntlscly representctl in the Fuke Reviews.

and StoncCont admi11cd that StoncConl has never taken over work for an)'onc who was ever a

ProcCal customer. It is therefore a false statement that StoneCoat ever did \1111nzing" work nt n1

''bc11er price." for th is pl'rsun.

I l. ProCal 1111d I havt~ incurred expenses having our counsel work with Bl313-Dnllos,

Goog le, <ind Ripoffreporl to try lo remove the Fake 'Rcvicw:i'aml/or -prevcni their' pub Iicalion. So

fn.r we huve been unsuc:c:essl'ul with respect lo Google und Ripoffreport. l have not dctcrn1 im:tl

the exact dollar amou111 spent, but it is over $ 1,000.

I J. l'roCnl 's and my own rcpmu tion, cconomk interests and prospcc1i ve business

relations have been and wi II eonl inuc to be Jnmngcd as a result oi' the Fake Reviews'

publication. ProCal and I lrn vc already suff'\.~rcd gn:·•H c:-;pcnse, and I have su !'l ercd great mental

anguish bccuusc or D<.:fcndants' conduct. We have lost cus(omers, l lost sleer. I can confirm that

ProCal has losl at lcnsi 0111;;~ prospcciive customer who informed l'rol'al that they sow the

negative reviews on the i111crnc1 und lhrn di<l 1101 hire;: ProCnl.

i
I

1·
I

Profanchi.lA..ffidavll ·- PAGE 5
lf. 4(,(,7
 IJ . I um awan: that Defendants created a fake faccbook page about ProCal, that a

person who was working al StoneCoat submitted the 131313-Houston complaint or someone using

his narn.: submitlcd it, that the UBH-Dallns, Ciooglc am! Ripoffrcporl complaints arc foke and

rcl'crence Stone.Coat being the inventor ur limestone spray product, which is n lie thnt. to my

knowledge. only Ken ivforrison is obsessed with convincing people or, and I do not know ol' any

reason why u Don Henley or Jason France would submit complaints about ProCal, me, or my

son. I am nlso aware because J have seen tile reviews onlint.: that during the n::levant time. pe.riod

St.oncCoat rnprcscn!ntives submillcd cnmpiirncntary reviews about StoneCoal to googk~ without

disclosing their real connection tn StorwCnnl.

14. Plaintiffs. as subs<:ribcrs \\!"the BBB's accreditation se rvices and being subject to

ratings reviews by Google and ripoffrcport.i:.0111, stand to suffer signilicant injury - and indeed

hav;.; already i11curred damages - as a result of Del'endants' wrnngf'ul conduct. ;

i
Further affiant snyeth not. I
~ ., .- -·~- J' .. ·, - -. -- I.

(,,. 2,,4'4:-~ <L."<<//{ >- ::r.

~ "l , 1 / ;;. , . /_/ J.
/ A ,.. ·. I r'// (>/ ~··

~ ---::2::~_
._--__
JVlin.D. Prof~~~~hik, Sr. -
I
/ • .
BEFORE lv1E, the undersig.nccl Notary Public, on this Jay pcrsonnlly appeared John IJ.
l'rofanchik, Sr., k11own to me to he the pers<in whose 11amc is subscribed to the foregoing
instrumenl, and deposed and stutcd thnt thi: facts contuined in this u!'liJuvit arc within bis
personal knowled g0 nnJ ore true and corn:<.:!.

SUBSCRll31~D 1\ND S\VO RN TO l3EFORF-: 1'..1E on the~ day of June. 2017, to

ccrtif)• wh ich witness my hand nnd :>cal ul'nlJicc.

,''~~~,~~~~:~''-:. SYLVIE MfRGAOX
fr:··:~l;";:r.,\Not 1Hy Pubhc . srnrn 01 ·10 ,;as
>.~;.J_i::;,.,,,< C<rn;rr., hul1"5 o<,Yl ..2.0:1'1
\:;,,~,'.,;~~,,.... Noto1 y ro t JQt;809 I~

Pr~?.J}lnchik Affidavit -PAGE 6

1r..i1;m
EXHIBIT 6
 Kenneth W. Morrison

l
CAUSE NO~ 296-05415-2016 -·.
PROCAI, S'rONE DESIGN, LLC,
~. ' ~
) IN THE_ DISTRICT COURT
' ) •i ', , I •

)
Plaintiff, )
)
v. ) COLLIN COUNTY, TEXAS
)
)
KENNETH W. MORISON and )
STONECOAT OF TEXA,S, LLC 1 )
)
)
Defendants. ) 2.96TH JUDICIAL DISTRICT

********************************************************
'ORAL DEPOSITION' OF

KENNETH W. MORRISON,
INDIVIDUALLY AND AS CORPORATE REPRESENTATIVE OF
.. ' STONECOA'J> OF'· TEXAS;, LLC

December 16, 2016

********************************************************
ORAL DEPOSITIOJ:.J OF KENNETH W. MORRISON,
INDIVIDUALLY AND AS CORPORATE REPRESENTATIVE OF
STONECOAT OF TEXAS,· LLC, produced as a witness at the
instance of the Plaintiff, and duly sworn, was taken in
.. ·.
the above-styled and -numbered cause on the 16th day of
Decemberr 2016, from 2:05p.m. to 5:34p.m., before
Jennifer ·1. Campbell 1 CSR. d..n. ;;md fqr the· State. of Texas,
reported by machine shorthand, at the offi.ces·of Wm.
Charles Bundren & Associates Law Group, PLLC, 2591
' ' ' • • ~ • ~ ' • t '

Dallas Parkway, Suite 300, Frisco, Tex,gs, p1,1rsuant to

the Texas Rules of Civil Procedure.

DepoTexas, Inc.
 Kenneth W. Morrison

2
APPEARANCES 1 BXHlBITS (cont)
~ NO. DESCRIPTION PAGE
3 E:<.hib!l'll ...................................... 135
FOR THEPLAlNI'frT<:
:Nit, E, Sa\'()'ot Neely RipOJIRepott Complaint Review for Pro
SAY'.i.JJS \VERllNER, PC Cal Stone
UUl Elm Street PSDOOQS-6
Suita-o/100
Dallns, Texa~ 75270
Bl!lub!t9 ...................................... 137
Google review for Procul Stom1 Des!gu
(214) 919-3700 PSD0003-4 ..
(2!4) 939-8787 fu:
sncely@swtri~llaw.cmn Exhibit 10 ...................................... 139
Defend<!tlfl11 O):tjectior..~ anrl ~polme to
FOR THEDEJ!ENDAN'tS: Plafndffs' Expedited Request for
Mr. WilL Charles Bundren 9 Admissions
\\'M, CHARLES BUNDREN &.ASSOCIATES LAW GROUP, PLLC, 1G Exltiblt 11 ......................·.:..............,140
259llJal!as l'ru:kway Defendants' Objectiom and Response tn
Suite300 Plniniiffi' Expeditetllnterrogatories
Flistll, Tt~as 75034 Exhibit 12 ..., ................................. .l•H
(214) 808-3555 ,, :Defendants' Objection:! Jtnd Response to
ll Plaintiflll' Expedited Request for
).2 ~bar!es@b1mdrenlaw.net
lJ Productkm.ofDocuments
H
H
15 REPORTER'S NOTE
Quotation marks are used for clarity aml do not
necessarily reflect a direct quote,

l9
>U
21
22

5
INDEX KENNETH W. MORRJSON, JNDMDUALLY AND AS CORPORATE
RE!'RESlll'ITATlVE OF STONECOATOF TEXAS, U.C,
3 Appearance~... :,., .... ~.····~·)··2
' KENNETH W. MDll.RlSON,lNDIV1DUAL1..Y AND AS CORPORATe bavlng: been ilrst duly swnlT1, testified ""ibllnws;
s Rh'PRF.SliNTATIVE OF STONECOAT OF TEXAS, LLC EXAMJNA'DON
6 Examinatkm by Mr. Ne<>ly..... ". "·' •• 5. BYMR. NEELY:
7 (.1truJges illld Slgualure. " , .... , , ..... ,144
n Reporter's Certificate,,,~ ..... , ... ~. ,146 Q. Good llflol!lOilll, .1\.:!r. Morrison. Please slat"
9 .,.,.BXHU!lTS'. '
JO NO. DESCRlPTlUN PAGE
• A. Ken MGrrlson,
u Ex:Wbill ............................... , .......9
Plaintiffs Original Petition, . • Q. Andwhatiayourhomca<ldross?
~~ · , ·'A, 4407 lllacl• Otter Trail.
1
n Application for Tempomzy Restraining
Order and Application for TcmporJUY and
u Q. A;1d wbntis:YOil>' prlmszy work address7
1$ Pill!llanent lnjunotion
lot Exhibit2 ..........,,......... ,,. .... ,.., ....... 19 " A. 44!11 West Grove Drlv"'
Order on Ten>pOrmy Rco1ralnir;g Order Q. And what business is locale<! ~1ere? · ·
lS
Exhibit 3 .................,...................... 54 A. StoneCoat.
.u Plainlift'.~
AmondodNol!ceofOral Q. \\'hal's the formal nwe ~f tlmt buoineM?
Deposition ofDefendnnt StoneCont of
A. Ston•Coat ofTex11.~ 1 LLC.
11 Texas,LLGs CorporateRcprcscnlalive
1 !;1 Exhibit 4 """H•>"""""""'""~'••»o>>>0105
11 Q. Is tll•t the only bm;\nes&locatetl at!llat
BBB ~ustomerreview addres:tl
u PSDOflOl
A. Thufs whQt'slls!ed. Then IU'~ --.ihtte'a
2\l B:<llibil 5 ................. "'"""'"'"""" 120
I'acebook profile for ProCal Sion6 somo independent contr~etats whu wo•·l< In ere !1.< well,
buj .. ,
Exh!blt 6 ...................................... 1.30
z:o £-mllil Q., l'vebeard other names: llt9neCoat o(Daltn& or
Zl ExJilb,it / ,,.,,.,,,,,,.,,..,,, """'"'" 132 Nooll Texllll or ·- ar~t tl!o[e oftlced there as well?
BBB customer review A. We lw"l'e a ftane!Jise company.
>1 PS00007
~, Q, Okay,

2 (Pages 2 to 5)

DepoTexas1 Inc.
 Kenneth W; Moniffon

:1 A. Ami he doesu't !'ea!ly ofli.::e ill!!t of1flere, hl!t
2 we use thai as tlie add.r~~s, yei!ft.' ·
3 Q, Okay. You have been deposed before. 'In fae~
4 I've rend n few of them. Can l Msmne yottvo heard the
8
1 Q. I dnn'twant to know the content of your
::1,,• , .c'i::lm:erfiatkm, but dld your la·.vyeronli you on that
3 Friday l!nd tell you a !aW!!ult had been 11led'r
4 A. 1 guess I driu't lm<Jw it' It was a call Ql' if it

I
5 instructions about speaking clearly and not speaking 5 was an e~mall tlmt li'e~lllved.
6 over the court repo1ter and me? 6 Q: Okay.
7 '}
A. Yes. A. nut I was made aware of it,

10
e
:J
Q. Excellent. All rlgl1t. Can Wt: ag;ee Hmt we're
going to try to question and answer, question and I 1n
g
9
Q. On !hat Friday'?
A. l don't lmow if it was tliat Friday or that
answer, without corobinlng t11e Q and tile A·· Mond11y,
11 A. Yes. 1.1 Q. Okay. Well, Monday W1lS four days ago, So was
12. Q, •• spenklng over ellen olheri 12 it fuur days ago, or WllS it before the last weel<end?
).:>
A. Yes. 13 A. Oil. I guess It wns that Frldaj' hemtusc it was
)A Q. Great. H a short period of tim!!, There's been several lawsuits
15 All rlght Mr. Mouisou, yon and ljust 15 that !'rir. Profunehik lms filed, so ll1l1Ve4o- you're
"
1G met My nmne is Sa1vyer Neely. Do )'OU understand !hal 1f. ialldng about the one with the TRO.
l7 l'm an attorney for ProCal Stone, ll.C •• Stor.e De-~ign, n Q. Okay. That nne, you did leam about it on
tB llC'l 19 Friday--
.1? A. Yes • l9 A. Yeah.
2{}
Q, Do yqu ll!ldersi:nnq th11t l'ln ,n? a!tn:'1e:r M well, 2',1
,,. •. •.' ., Q. ~: 1Jecember.9tlt
n il:Jr John D. Profauchik, Sr.'! 41 Okay. When did you·- have you read the
2.2 A; Yes. " 2?. complaint that was fttedoln that ease about the fake
23 Q, Are you aware, '!vfr. Morrison, that alt1W!!uit in 23 customer reviews in Collin County'l
24 tbe Co1lin County Dis!rlct Cou!'t wns recently flied 24 A. Briefly,
25 against you and StoneC'.oat of Texas; LLC, tbr defamation, 25 · '· Q, When \\I()):C you provided IH\opy ot'the complaint?
...,....,........._._~~~~---- .......~---~ ..
---~..,__... ~~--- ,....,.,..,.__,_,.....~...,~--~

7 9
l business disparity, and deceptive trade practlees? J ·A. Probably that s1trne day.
2 A. haw ltte flUng. 2 Q. December 9th, on the Friday?
~ Q. \Vhen did you see that i1Hng'7 3 A. (Moving head up and down,)
4 A. I don't know the end date. 4 Q. l'm going to mal'k us Exhiblt 1 document ...
5 Q. Okay. Maybe we'fl get to that. l 5 TilE WiTNESS: l'il teli you, too, I've got
6 Are you nw!ll'e that the gist ofthe lawsuit !> a little hit of a thing ln my throat, so ifl try to
i
ll
is that a fake Facebook page and some defamatory
customer reviews were suhtni1ted about ProCal Stone and !
I
I 9
7
a
supprcM a cough, that's why.
(Exh!bit 1 marked.)
s Mr. Profunchlk and his scm? Q. (BYMR. 1'-lEELY) She'll·· sbe won'hvrite
1() A. That's what I read. It's his son·in·lllw.
l 1{) anything about the c6uglm, so .·; ,
1J Q. You clarified that it was his son·in.law there, 11 Show you what has been mm·ked as
12 Are you sur~ lt was his son~In-law? :12 EXhibit 1 --
D A. lf you're talking about JustlnKln.~er, that's 13 A. Okay.
H his son-In-law. H Q, -~ wl1ich is a copy ofthe complaint and the
15 Q, Okay. Todny Is Deoembed61h, 2016.: The ,•,
:1·5_.. ,, · ' attach"'"11 affidavit wlth the v'<ldous customer review
1ll lawsult was tlled on December 9th, 2016, which was a 15 complaints. Is that a doc<Jment that you have seen
:.~;
'Friday. Can you tellnre ronghly when it is-that you 1·7 before?
te learned about the Jaw~<lit? 1S A. Yes.
u A. 1 \!lln't l'l>lnOnll'll.':r lf It Willi thmugh llll e-m;~il 19 Q. Is that !he document that wus provided to you
:w or
notice through my attorney a ph~lll) call. ' Zll ·on December 9th of20[6'1
21 Q, \Vas it on Friday, .Dece.mb.::r ll, that you learned 21 A. I belli!Ve so,
22 of the lawsuit? 22 Q. \Vhat portions of it have you read? Have you
23 A. Yllu !uww, hrmestly, I don't remcmbtr iflt wns 23 read tbe whole thing?
2.4 e:mc!ly that Friday 01' the Monday or when it WitS. Ot 2t A. Let me luoli..
25 thenMtday. 25 Q, Mr. Morrison, let me ask you this: At any

3 (:!?ages 6 to 9)
DepoTexas, Inc,
 Kenneth w. Morrison
10 12
1 point hetwecn December 9th and today, have you sat 4own. l lmow wl;ero I was af tJmt wee!~ · •
2 and said, l'lll going to teud thi.<J complaint, 11od read it? 2 Q. :flow many jobs did Stonr.Cont have last week'/
3 A, Well, ifyuu want to be tompleie camlor, yes, A, Well, due to the cmnpetilive nature of this
1 I've -·I'm a pretty quid• rend, and I have l'l>nd through situation, I thlnk that's not a pt·oxter question I want
this. I tltlnlt some ofthe finer points oflt wc.re to answet'.
discussed, yo11 ~ow, wlth me and IllY nftorney1 •· .,:... Q.• Okay. You·llllve to answedt, though. I'm not
Q. And I don't want to he !If anything ahont that, 1 asking any details; I just want to know how many jobs
lJllt .. ·• .' .. did you hnve last w~ek ,; · . ·
9 A. Uh-!wh. :MR. BUNDREN: Well, you can ask how many
10 10 different locatious that he went to or something, not
11 11· neci:ssadly jobs. 1 menu ••
12 12 A. I can teUyou how many jobs I went to because
13 13 I'm not on allthe jolts, l'm ove1• ..
14 H 1'4R. BUNDREN: He's trying to figure out
15 where--
16 Q. ·-in this case. 16 THE WlTNESS; Right.
17 A. Talked over you. Yes, n MR BUNDREN; .-you were at and not
18 Q, Okay, Have you read the complaint more than n necessarily wlth respect to jobs.
one time'/ 19 A l'111 overseeing ..
20 A, I can't. tell you if hat and I'C!ld through It 20 MR. BUNDREN: We!re.not going to getiJII\1
21 more than oue time, It's becu discussed quite a bltin 21 the number ofjobs but-·
the pnst sevmll1bys. 22 A. 1 oversee a few jobs. And I ltttow that I was at
Q. Okay. All right j 23 one particnlar job tl1at was in Dallas. I don't lrnow lf
A. I understand the gist of the complaint I 7< 4 or
it was Highland Park Park Clfh something lik~ that,

yo~~---t--ba~t_w_e._e_lr.·------~----------l
25
Q. Okay. \Vhatwero you- where were

Decembet1thof2016;twodnysbefore1helawsn!.twas ·
c • • • •c ... 1l' l
·, '', 1 .·.. .Q. (J!Y~ffi..NEELY) Okay. Wasthal!hejobt1mt
13

filed? 2 sticks out in your mind as the one you. were probably at
" 'A. My job talu~s 'meto joli sites and· to the office, on Wednesday at some t!Oint? ·
so I was one of those two places, A. Yeah. Itwaseither'fuesday, Wednesday! or
5 Q. De~ember 7thwas awodalay.~or you? 5 'I:Jl'lrsday, I Inlow I WEts nt that job site.
~
A, Oh,yed, Q. Were you at any other job sites last week?
1 Q, Were you·· 7 ~· I eotdd ~~~wrong, but I d9n't believe l was,
1l A. That was Tuesday, right? Monday or Tuesday? a Q. Okay. And that job site was somewhere in
9 Q. Muy~ a Wednesday. 9 Dallas or Highland Park?
10 A. Olmy. 10 A. 1 believe so.
11 Q. Wednesdii.Y, December 7th, \vas a workday for you? 11 Q. Did you visit that job site in the morning or
12 A. Yes, n the afternoon or the evening?
l3 Q. Atsomepo.intduringthatday, wereymt at the 13 A, You know, I could probably rcconsh·I•Ct lfi
H office'J 14 went baclt 1md laoked at eertaln things to help jog tny
1$ A. I'm Sill'!) I was at some point. 15 memory, !Jut I ldnd of light in on jobs to see how
16 Q. Do yon specifically recall belllg at a job site 1G they're going, and this particnlal' one was one that 1-·
1'1 on Wedne.~da:y, December 7th? 11 somebody I knew, and sol was, you know, over~celng it
18 A. I ~nulil vedfy that ·wltlt you lfi had more lU 11nd malting sure the quality coutrol.
19 lime, but I'm nl a job sHe most of tlle days. 'iS 'Q, This panicular job was a per~~nal frle.;d of
20 Q. Okay, 20 yours?
21 A. It depends, but ••• 21 A. It was 11 cuslomcr, ·somebody l knew prlor to
2:? Q, 1\11y specifk. recollection about Wednesday, StmteCoat, yes.
23 December 7th, being on a job &'ite? Q And you knew tJ1em because they're your friend
24 or
A. Uke J said, I was eilher rin'a)oh sltll I
'.

,wasn't, I could find outfor Yilt\ exacll~. ! could --.I MR. BUND.REN: . '"" you
You don't-· don't need
25
,;• .

4 (Pages 10 to 13}
DepoTexas 1 Inc.
 ,, ' '

Kenneth W. Morrison
' ~" .
14 16
1 to get into any oftl1e details of who they arc or the 1 yon' rll wanting me to say.
<: job site or anythiug. z Q, I want to knowwhethet· you were atthis
3 Q, (BY MR. NE8LY} Nit, Morrison, rtn asking you 3 person's house in the morning or the afternoon,
• if- without naming any natnes, I want to know if the l A. I'll shm•e with J'IHt •• i'd have to rccoustnwt
•
6
job slte that you were at last week was ajnhsi!e that
you;vere at in the mornlng or 1he aftemoon or the
&
6
it to figure it out, I can't say with certainty whether
It was mot•ning m· aftet'lloon.
'1 evening, Can you snswer that question fur me'/ 7 Q, Okay. Was it before !uooh or after lunch?
a A. Not with. certainty right !lOW, 6 A. That day could've been a day that I stayecl in
$ Q What would you need to look at to tell ine where .9 the office the entire day or cnulil've beeu a tlay tlmt I
10 you- wllen yon visited thatjoh sile? lO SIIontthe entire portion oHhe day outthere at tbat
11 A, Pd probably need to go bacl1 and talk to my 11 job site, I would need to-- I was not J!1'epal·ed to
12 assistant nnd fool• nt job -lOok at scludules for !lie 12 answer flint question today, and· I wuuld :find out for
13 guys and try ta, you k110w, !lSI< what wlls happenlog when. 13 you.
14 Q. V>'llo Is j'Olll' assistant? 14 Q. Okay,
u A. Her nsmc is IGmberly. 15 A. But I'm not bitllng llllYthiug fl'om you,
u Q, What's her last namll? 16 Q, Fair enough.
n A. J<.1y, .17,. ; ,.Generally speaking, what time do your work
.,.
u lB crews stl!rt working on a joh site?
Q, Okay. How long has .she bee)l your assistant?
' .. 19 A. It varies it they liave to get Sllflplies or if
1.9 ·' A. t&on't lmnw e;illctiy, !nit .!'be's f;lirfy ltew. · ·
20 20 they're golug straight to ihe job site, so I would
I'd say three months, four months.
21 probably give you a m:nge --
21 Q. Who W!\S your IISslst~nt he~ore tbafl .,
22 A. We didn;t h11ve one for • witHe,
22 ·' . ' Q, Okay; \Vhat'~ the rflllgd?
23 A. •• r11tlu::r than exact- ratluar than exact time,
~J
Q. Okay. Doe~ Ms. Kay m&inl~in your calendar or
24 Zl I would prQbably say the range is between
your achedule?
2£ A, Slw keeps appointments tbaU need to mnlte,
zs 8 o 1cloc!t and 9 ll'clodt.

15 17
mre tills one and otl•ers, 1 Q. Okay. Let me button some up here, Do you-·
Q. Does she do thatonapadofpaper orou a 2 you mentioned !hat you oort of keep dates in mind. Do
3 computerizcd.calendnr? 3
you maintain a personal ca!endro:?
4 A. Usually it's .. 1 tell herl and she writes' it 4 A. I'm sorry. I thaught I said that, but 1 ·- ro
5 on n pQd of paper or it's a text, 5 be more clear, I don't keep calendlll',
6 Q, Okay, 6 Q. Okay.
7 A. She docsn' t use Outloo!t for calendar, ' 1· A. Ll!te, for'- thjl good example wonld be til is
Q, Okay: So this is a notebook --is it·- do you 5 deposition is not in- I don't i{eep n Microsoft
9 keep your own calendar? 9 calendar or other oncw ful!t are use1lln administrative
Ul A. Well, tlu; way l personally work ls I've got a 10 ways to keep a calendar,
::.~ re11Uy good memory on remembering to sllow up at- on 11 Q, Okay, If a cu~>lomer or prospective customer
12 tlllngs, and so at times, l'll11skbe1' to remind· !111! that l~ ws11ts ·to me~t with you, Hey, let's meet for lunch, or,
1l somebody was coming in at 1:00 or I have a meeting, nml 13 Come to my house next Wednesday, would you tdl Ms. Kay,
11 . sh~'il verbally remind me. Ai'ld' oilier tli~n tliat- foi' ' H Write this do"''n for me, reririud nie; let 'me know about
15 example, on this deposition, it's aot written in 15 !lus, text me, or would you just remember yourself
15 cnlendal' or !{ept anywhere; l just remembered, 1G and ;c- without writrng it do>"n?
Q. O~y. Given tlllit yo;1 have a go~d meinoty. do
'.
17 1'7 '' A. Quite lmneslly, I just remember ~xccpt fol' when
lS you recall the lime of day you visited this custom.et'a 1$ l fee) Iike .for :some r~ason that I'll forget; for
19 hou:~eouDecember7thof2016? l$
exun1p!e, I dou'tgo to too many customers' bousea
zo A, We111 li1cd told you, l could find 0111:. l 20 becn~rse of where the eompa1ly Is at rigllt now, I'm
21 couhl reconstruct it. But 1 don't W!Uit to be cornel'cd Z1 selectlw on a few projects that require, you know,
n In malting a mistnl'e and saying the wrong thing, If I 22 expertise ot oversight. And so with that sdec!ivity, I
23 was not there in morning, l was there in the nftctnoon. l3 pretty much determine, you lcuow, when I'm go!ug to go
~~ And I guess ifi understood the significance of it, I ?.ll
outthere lllld when I'm :not, Soalat oftlmcs it's not
25 .
r.s would, you !mow, understand bettenvllere you're- Wb!lt. even by ll set time or appointment.

5 (Pages 14 to 17)
DepoTexas, Inc. ,
 Kenneth W. Morrison

18 20
~ Q, Okay, this document?
2 A. Addltlonul!Y., if someone'a going to COIIJe to tlle 2
.- A. I'm sure Jt WflS on December 9tll.
' ~
3 office, I'm illere1 and I know when thcy'l'c coming and 3' Q. ir~ve you d!~cussed this 1awsult or this
4 I'll pl~n mt being there or not .. , 4 temporary rostrain.lng •• J;1r. Monison, do you believe
& Q. Other than going to seleotjob sites and goh1g 5 that you have complied with the requlretuents in this
v
" to U1e office, does your job take you anywhere else temporary restraining order as of today'& date ami time?
1 during the day?. •' " '1 ,• .. · A. t\hsolutdy,
a A. Can yzyu give l!le an example wfut ynu'l'e trylng 8 Q. To your knowledge, do you believe that any
9 to say? 9 other peru01\ OJ' .tepresontative of StoneCoat bound by
10 Q, Do you ever go to other meetings? Do you ever lO this JRO hus likewise complied with lt'l
H gv out to Fort Worth and meet with Mr. Hartce on a 1l A. Yes.
12 routme daily basis? Oilier lhll!l·· I mellll, me, l go l1 Q, Do you have MY knowledge of anyone violating
13 into my office every rooming, and other !han go and get 13 it7
14 some lunch, I usually go home aroll!ld 6:00, I don't go H A. No.
15 to job sites. 15 Q. Okay,
16 A. llight. 16 A. We dldll't dolt before; we didn't do it al'tr.t',
l7 Q. V\'haJ; do YOl.l do during fue day nsuaiiy? 1 don't n Q. That's not entirely true, rlght? You did do
u evellmean usually. What did )l!lU do last v;cek? a the Pacebook page be.(bre.
l9 A. Well, we don't have anything·· or let me say 1 19 A. Tb~t's not exactly the same thing.
20 don't have auyllling t!Jai!s that routine like you 20 Q. Okay. Have you discussed this faVts\l.it'of this
21. mentioned with Mr. Hance. The only thing that's routine 2J. temporary restraining order >vith llll)'one besides your
22 as 11 w~cldy recurring meeting would be our staff 22 lawyer, lvfr. Bundren?
23 meetings on Tuesdays. 23 A, Sure.
21 Q. Those are ntthe office or are they elsewhere'? Z4 Q. Who?
25 A. At the offic~. 25 A. My partner:, Rlclt. My gen~ral managct·, I slloultl

19 21
1 Q. Okay, Mr. Monison, l'tu going to show you l say,
2 whaes been marked as E'xhibit·z. 2 "'' , ' Q. Y.ou've stopped talking, IS that all you've·-
3 (Exhibit .2 marked.) 3 the people you spoke to about besi®s :MJ·. Bundren?
~ MR. NBEl:'x': And I failed !n give you 4 A,' Weli; I'm not being objeetlonah!e, hut are you
.? copies. Sorry about that That's 1. 5 wanflng me to tecoll~et every tonversatlon that I've bad
6 .MR. Bl.lNDREN: ljust need to know what il 6 wltcn I've been upset that this .frivolous thing has been
7 is. Oh, that's l? Okay. 7 filed and everybody that would lead me to uy, Here it
8 .MR. NEELY: That's l, that's 2. I! goes again with-1vith this tlllng tbatwu filed?
9 Q. (DY MR NEELY) Mr. Morrison, I'm showing you 9 Q. Yes, that's whntPm asking.
10 what h!IS been mlll'ked as Exhibit No. 2. This is !he 10 A. Well, I have a lot of friends and people I talk
11 order on ··the temporary restrainlng order entered hl ll to, so how far do you w~nt to reaeb?
12 this case against you aflrl StoneCoat of'I'exas; LtC, Do 12 Q. Start talking. Let's see what we got.
13 you recognize this docUtnent7 u A. Well, 1 don't feel like I could lli'Obably
H

l!i
A. Ye.q,
Q. Have you seen this' document befbrc? '
J.4
lS · mdter, which is··
...
recollect everybody that I've talked to about this
··
16 A. Yes. 1e t.m. BUNDREN: And I think this qu.estion was
17 Q, Have you read this docUtnent? l7 about llie order, as I recall
1E A. It's a shol't document, Yes. 10 Q. (BY MR. NEELY) The lawsuit or the order. This
l9 Q. Do you understand what it prohlbi!s you from 19 lawsuit was -·
20 doing? ' ' · 2..0 ,, 'MR. BUNDREN! Yeah;uboutthisJawsultund
21 2,1 tills order.
A. Yes.
.-
22 Q: Do you understand that it applies to you mid 22 Q. (BY J\.'lR. NEELY) This lawsuit was filed seven
Z3 StoneCoat ofTexas, LLC? n days ago, You spend your dny working, and you reci!ll
2~ A. Yep, 24 going to one job site, and it's only been seven days.
Z5 Q. When did you-- when did you~ receive a copy of 25 'feU me iri the seven days wbo lfis iliat you have spoken

~--------------------------------------~---------·-----·~-~--·-------------------~
6 {Pages 18 to 21)
DepoTexas1 Inc.
 Kenneth W, Morrison

22 24
). to nbout this lawsuit and tlus TRO. ~
A. Who?
2 A. Well, gosh. 1 Q . .Mr. Hance. l assume he was there at the
3 Q. You e~r. start wilh the people you recollect, 3 offiCe, and that's why youhelltd him tulldng to··
~ and loon rt1 ask you some questions. 4 A. No. He·· I said I haven't seen m• talt•ed to
5 5
A, Itbinl1l migbt'vemenl!oned ltto one of my him in several wcel<S1 maybe longer. And 1 overhe;wd a
(,
foUl' kids, so ifyoo1d ll!re to mnyh"s)ilipMII~ !mcofmy
'1
• CO\lVCJ.'l!lltion that she bad on speaket•phonc With llim
1 cblldt1!11. asldng him about a Jliece of softi'VIII:'I.t and --that I'd
MR. BUNDREN': Just answer his questio?s •• 9 asJ(ed ]ler to nsk about.
" 9
9 A. Y011 WRnt me It> tell you wl!M- Q. You had asked her to ask Mr. Hance about ihc
H MR. BUNDRJlN: Just answer bis - 10 software'/
11 A, --elementary ~dtool U1ey ga to? .. 11 A. ~ jlnd 1\slred Iter to ask the pll1'1Ml who was
u MR. BUNDREN: Ken, just answer the lZ · trying to provide it, tlt0phone connect people,
l.J-' qoestions,· l;J Q. Okay. Was lhc l~sHime.you recall Mr. Rance
H H being in the office., was that two JnQUths ago at the
THE Wl'I'NESS: Okay.
15 A. Rlcll·· t11e only person tllatl bellevcX've l.> mee.tlng7
H spnlrenlff with an:y sort of dep!h hils been'my attorney, H ··A, Yes.
11 Q. Okay, Have you spoken to hitn on the telephone
27 Mr, Cbltt'les llnndren, and Vance MtMtn•ry and RlekA<t~m.~.
lU Q, (BY MR. NEELY) Have you spoken to your wlfo 18 sin~e'fuat two-month sighting at your office?
:19 l9 A. I may have sp,olJ:en to l1l1rt one 1lme, bnt it was
about it?
20 >ill before all of this was lil.ed.
A. I told her !lint he flied it.
u 21 Q, Before this lawsuit --
Q, Okay. Have you spoken to Mr. Hanceabou!lhe
22 A. Yes,sir.
·~ lawsuit?
23 A, Na,
~3
Q. -·!ius-·
24 Q. Did you inform him thut he may be bound by the 2< A. Yt:s;slr.
25 Q, Okay. Did you talk to l'<iok Adn1us on Frid!ly,
·~ temporacy roslraining order?

23 25
1 A. l h~d n'o crmver~ations with Snm, 1 the. day that the lawsuit was filed'/ . '
:l Q When was the las! time you spoke to Sam llattce? 2 A. I would believe I JU'obnbly dld.
3 A. It may bliYe been couple weeks ago. 3 Q. Okay.
• Q. It may hav~ been? When was the last time you 4 A. Probably 8!} percent chance I did, Fridays are
5 guarantee, you know, I talked to Sam Han~e? 5 pretty bnsy.
6 A. Well, Ilmow he came fora meeting that we had ...G . ..• ', .. Q. ·Okay. Eave you discussed this lnw.Juit or the
7 fol' the franchise eontpany about two months ~go ~nd I saw 'I temporruy restraining ordet ;vilh anyone else who works
a nim lhen. I onrhea~d his voice talking !~ our 8 at the StoneCoat offices?· • ·
~
asslstantabout a CRM softwnrc, buti dldn'tinfcrjcet n A. l belic'l'e I m!l'ntioned it to Klmbe1·ly but not hi
10 !IIUl.speak to !tim. 10 d~t~ll, Just told her that this Cflmpeling company filf.d
J.1 Q, I.et me :lntJ.l!mptyou real quick What is a CltM 11 ·' ·anotheilllwsuit on us and let her knmv that I wns going
u software? 12 tu a ~cposHi.on a~d Ibnd other things that may come up.
13 A. Customer relatlonshlp - 13 Q. Did you talk to ll!l.ybody else at StoneCoars
1A Q. Okay. "
14 cffices about the hlWStlil?
15 A. -- ~ustomel' relatlonroanagement toll!. lS A. Actually, I'm pretty sure that I didn't because
1G Q. Okay. Ai1d !he asslslantyou referenced is? H I try to protect tl1em from a little blt of tlte 11gliness
17 A. TGmbe!'ly. 17 that goes on, so I dldn1t say anything.
1H Q. Ms.Kay? u Q. Are you awnre of wlmther or not any of the
19 A. \'~!Ill, 19 ofher StonaCuat emplo~g~t wens.!nfunu~d that th~y would
20 Q. Kimberly Kay? 20 be bound by a temporruyrestraiumg order as a StoneCoat
21 Okay, V>'hen v.w tbat'i ;n agent or representative?
~2
A. It was this past week. ?.2 A. I believe that·· and I don'tlmow!tow this
23 Q. But you personally didn't speak !n :tvfr. Hance at 23 is-- gets out there. r mean, I didn't call the gt;oup
24 thl!t point il1 - I assume he wa.~ lit your office, Z4 together, but l'm sure tb'ritword sim::cad pr~tty fast that
7.5 conecfl 25 tltere wns a frlmdu.lent complaint thnt was leveled nt us

7 (Pages 22 to 25)
 Kenneth W. Morrison

28
for, you !mow, mailing n lliiB wtnpln!nt. ·Aml I lruuw thllt that it could cause your competitor harm to their
the Ellis one, which is oldet·, bad more time to cirde reputation?
tT1t office, nud I'm sure more people hlld lmowledge of 3 A. I believe - yes.
thllt> 4" Q. Do you undcrstat"ld thut it could cause harm to
Q. Did you tell Mr. Adams to be surll to comply yom· l)ompetitor,ln the form of possible customers not
wlth the TRO? retailling the!u because oftl;o fake customer review?
A. Yes, In n very. slmphnvay, don't do wllntwe A. Could.
hndn't done, Sf> It wasn't lila a- Asldng somebody to Q. Very likely could, correct?
stop something ilicy were dolng. So it wns a little bit A. I answered that question.
10 different thnn llow yot{re boding lhe question tn asfdng 10 MR. BUNDREN; Objection, forrn.
Sl)!uebody to stop sometltlog, u Q, (BY MR. NEELY) You've mentioned Vance
12 Q. Did you instruct MS. Kimberly Kay to just be McMucray. He's one of your lawyers; l.s that correct?
13 A. Yes, sir.
sure jo not do anything prohibited by the tempor~
tcslratnlng order? Q. And you've mentioned Rick Adams and Kimberly
15 A. Yes. Everybody !mows in our company not to do Ray,
1G those !dnd of things, You !mow, we lmve whatl feel A. Y e.~, sir,
17 ·17 · Q. \Vho else works fu the StnneCoat offices? Not
!ilre is ll pretty good, yau know, code of elhies and who
1~ we are ns a cmnpnny. And we uuderstaml there IU'e bad necessarily the work crews, but who else is in the
l~ 19 StoncCoa.t office as of this month?
guys and we're trying to do things the right way, llntl
20 20 A. There is a Ruben Gonzalez.
nobody tltatJ know of would ei1!ertnin that.
21 Q. \Vhat does :Mr. Gonzalez do for you?
Q, Yon wouldn't w~nt to submit a fake custome.r
review because you know it would be. trai:mtul and '~ · A; He does s:iJeS~
Z3 utmthfus!; !s that correct? Q. How long has he been a sal~sman at StoneCoat?
24 .. A. \vneti!CI" it would be lllll'luful 11r unethical, alll A. And ag:~in, I co'uid .find out mora exact dates
2.5
call Ml yi>U h l dnn't sec a t•eas~m why somebody w1>uld for you, but 1 would safely nay sluce Jast summer,

.
t------------------------~--------~- -~·-~---~~---~-~---------------~-----------------
27 29
1 want to do a fake complaint, Then nre Tlllli complaint;; l Q. Approximately Julyof2015, giw or take?
that hold mor~ water than fa1<e complaints would. A. IfitwllS July or l.fyou told me it was, yoa
Q. I wn think of a lot of rewons and principal lmmv, August, I wouldn't be surpdsed ifl was off a
reasons why smneone would want to submit a fake month or hvo. But he's been here this ytn.r and probably
complaint, llltd 1 think you can, too. And my question to since, you ruww, summer or little bit before.
you is: You're saying you don.'t want to do that-- Q. Okay. Who e1qe?
MR BUNDREN: Objection to the sidebar A. There is Eric Goltleu.
comment Q. Wbat does Eric Golden do for you?
Q. (BYMI{. NEELY) .. you're snyingyou don't W'llllt A. He's n sa!espenou,
10 to do that because you k:rrow it would probably be b=ful 10 Q. How long has 'he been a salesperson?
a and unethical and you shouldn't do that, u A. Again, don't hold me to tldst buti w~pld •• if
MR BUNDREN; ObJection ro tho form of !he 12 1 1vere guessing, I would probably sey he's been there
13 question. 13 over a year,
H A. We don't and we didn't do tt. u Q. Little over 12 months, 13 months'/
15 Q. {BY MR. NEEL1') That's not my question. I'll 15 A. 11m trying ta think If he was het·e last
16 rephrase it Cht·lstma~.
11 ' Would ~IOU awee' with me,' Mr. Morl:ison, that · ·_ Q. 'No need. We can -irs' cil!l ag.~:ee that lle's been
13 submitting fake, disparaging customer complamiS .about lB there about a year or a little more?
)·our ~mnpetitor is ru~ unethical praotice? · .- A. llh-huh, ,..
A. l thlnldt' s a bad practice, yes. Q. Whoelse?
Q. Is it an uuethioul :practic.e? A. I _mentioned Kimberly I<;ay. She's new.
A. 1 mean, I don't want to get into semantics with Q. She's been there !hree or fom months'/
you, but it's agaillllt my-· what I believe is right to A. Yes, sir,
do. Q. Whoelse?
Q, Do you understand and would you agreewitl1 mo A. There's 11uew--wcll, 1 don't kuow lfl could

8 (?ages 26 to 29)
DepoTexas1 Inc.
 Kenneth W. Morrison

30 32
count her, We have pe,~>plc who are smnelimes- who will fhcn:-·
bring us rdena!s. They'1·e not officially with m, but fi· No. StoneTecb is the franchisol'. 'f!tat Is t11e
3 loosely tl~t\v'llrepresent us ns 1111 Independent company that .~ells fl'alltltlses,
eontrnctor, So 1 d;:m't !mow If·· arc those the !cind of Q. And StoncCo~t ofNort!J Dallas, Texas. i.> ..
5 pco))le you want to !mow? 5 help me clarify. I'tn honestly confused.
Q, Am they in !!w office? A. That's oltay •
'1
A. T~ey ?se f!t~ oft!c~s, yeall. . . , . Q .. ,st;meTech l§ t11,e frnn(lhisor, :rney go out and
Q, They use the office. u" !hey l!y to sell :franchise to people,
~ ,;, Right,
\Vhat are ihosc people's name? '·'
',i.
1.!)'
A. There's a new girl nnmed Kny!a. 10 Q. Nationally, r guess?
ll 11 A. Right.
Q. What's her last name?
12 12 . · Q. StoneCoat of North Dallas, Texas, is--
A, ll<new you were going to ask that I<or tl11'
13 13 A. It's the operational fund or d!vlslon of the
life of m.:, I can't"" I don't !mow her h1slname.
;u Q. Okay. Is she kind o.f a independent H bus\lie3S-"
15 15 Q. Ofwhatbuslness?
salesperson?
16 H A. -to mnkeit morcsimple,
A. Yes.
11 l7 Of StoneCoat.
Q. She's new, which means- how long has she bee.n
18 1S Q. Oh, S!oneCoatofTexas.
there?
19 A, Right. You h'i'e tu separate operations and
·~
z:o
A. Oh. Cnupleweek-· a wee]{, yon know, maybe.
20 manufucturing at some poil!i,and it mnkes: seme to dolt
Q, Okay. Who else?
21. 21 ihatway.
A. There's a. girl nametl Kelsey.
22 Q. Okay. So which one's the mauufucturer'l
22 Q. Is that a wlth "K • 0r a "C"?
23 23 A. StoneCoat of Texas.
A."K.''
Z4 24 Q. Okay. When a customer hires .. say, Hey, 1
Q, Independent sales'/
25 want you to do my house, who are they hlrlng?
25 A. No. She handles n lot of !he oversigllt of

31 33
operatil:ms and goes to jobs and mm·c of that side oftlte A. A year ago, It used to be StlmeCMt o(Tc;xas;
business., _ 2 ... c!(OW it's,StoneCoat ofNorti1 Dallas.
Q, Okay. How long b.asshe been doing that? · Q. When did that start?
·· A. Agniu, apologize for not·-· I mea11,-a month,· A. Tltls pl!St year. AndJ ... he specific, I ~11old
two months. No more than nvo montf1s, get you tlu~ e:xact date; but it·was, ymllmow, probably
£ Q. Okay. Who else? tbe beginning of the year.
'1 A. I billlevidhat's it. l:f'Iforg<~ts!nnelwdy, · Q. Okay. NotinDecemberof2016.
they'l'e goiug ta be realty llllset. A. Oh, no.
Q. You've got Mr. Atfa!l!ll, ML Gonzalez, lvfr. Golden, 9 Q: Well before that
l.ll Ms. Kay, Kayla, aud Kelsey. 10 A. Oh, yes, sir.
u A. Oll. Someone who frequents the oflice ls Russ. u Q. Okay. Jlt.r. R11ss •• what's his last name?
12 And what is his last name? But be doesn't really do 12 A. Oh, that- yon are giving me a blank on that.
13 much in sales or operations, 13 1 c;~n pro'Vlde that to you tlmmgh my attol'o.ey,
14 Q. What ctoes lle do? H Q. Okay,
1~ A. He's a partial uwner in"" he wanted to be a A. He's a- he's a really nice guy tl1at just ldnd
16 frm1chisee, lUid now lte's a partial owne!' In Stmw.Coat. l6 ofhelps out when he ~Jut. He has a full-time job doing
11 Q. The StoneCoat of Texas, LLC, or any- 17 something else,
18 A. SloneTech, 1a Q. Okay. So he works for somebody else, owns··
19 Q, Which onels it? 19 what does he --how much does he OViD of StoneCoat of
20 A. Stone-- he is a par!lal !lwner in SroneCoat of 20 No1tlt Dallas, 'fexas? ·
North Dallas, 21 A. Five percent.
Q. What docB StoneCoat ofNorthDallas do? Q. And he is in the office when?
23 A. That's tbe franchise complmy that does ihe 23 A. Once or twice a wee!;;.
locallmsiuesses and things like that. Q. For how long? Like, stops in and say hi?
Q. F'orgiveme.' Ithoughtthatwa!>Stone'fech. Ts A; Hnur •• hour 'or two.

9 (Pages 30 to 33)
DepoTexas, Inc...
 l<e~neth W: Mo.r:is?,n.
----------------------------------------.-------------------------------------~
34 36
Q. Okay. Anybody else? companies at this address.
A. No. 2 MR. BUNDREN: But who .. but who is a
3 Q. StoneCoat of North Dl\llas is the oper~tions 3 minority owner of it is not in1portant.
company. He oWllll 5 percent. Do you o1vn the other Q. (BY MR. NEELY) Well, I want to go talk to
95 percent of that? 5 them, aud I want to find out 1f they kt10w anything about
0 A. l own StoneCoat. of North Texas. Rick is Rll :(OU submitting fake customer complaints. These llf<>
owner ln StoneCoat of North ]}all as. 7 closely held companies with only a few owners,.
s Q. Okay. StoneCoat ofTexas, U.C,1s the · :tYlR BUNDREN: WrJ'ro not-· v;e're not going
9 manufuclurer •• 9 to disclose all the ov.'llt:rship, so I think you've got
lO A. Right. 10 CI\OUgb.
11 Q. - of the product? H .Q. {BY MR. NEELY) lhu.ve:med SloneCoi!t ufTexas,
12 A. Well, it's 11.lot of things. It's the 12 LLC. Who 0\'llJS StoneCoatofTexas, LLC?
13 manufa~turer, it's the holder of the patents, it's tile :1.3 !VIR. BUh1DREN; You don't have to answerthe
14 comp1my tllat we've had and wm•lwd with fol' a lang, kmg 14 question beyond what you've already answered,
15 time, 15 Q, {BY:!o.ffi.. }1EELY) Answer the question.
15 Q, Okay. Manufacturer·· H <:. A. 1'111 sure it's in puhlie r~cotd lfyou want to
17 A, It's the one tllat Mr, Profanchik eame innnd n go-
H• saw·the business opportunity·fmm. l.8 !VIR. BUNDREN; NG, we're 11ot •• we're not
.13

zo
21
22
Q, Okay. And it's at the-. what's the address?
A. OJ!, snme, 4401 W~JSt Grove.
Q. Okay. And then you've nieritionedStoneCoat of
North Texas.
I 19

20
21"',.
22
answering any more questions about !hat, That's beyond
the scope of this deposition. And if iCs a minority
o\.lJJer who doesn'thnve any o'perational business there,
he's just an invcstot •• do you haw an investor'!
23 A. Or Nortll Dallas. Z3 TFJ:l \VITNESS: Yeah. Andthcminotlty
?.4: Q, North Dallas. 24 owner, 1 haven't spoken to him in pwhabl.y eight months,
25 And that's the one that Mr. Grant owns 25 so that ought to help you.

35 37
5 percent in. Q. (BY MR. NEELY) Is lt just one,.
A, Yes. Ob, there·· Grant, You knew who he was, A. Yes.
Q. Yes, Q. - mlliority owner?
A. The1•e you go. Ther~s no others?
5 Q. Thank you. A. (Moving llcad sill<> to side.)
6 A. Ynn could've told me, Sho11!d've helped me, Q. Okay,
Q. Okay. StoneCoat of Texas, who owru thai? A. And lflhaven'tspot'en to ll!min eight months,
a A. Ido. it waul!ln't be 'l't!I'Y pertinent.
9 Q. 100 percent? Q. Iagree.
1\l A. I have aS percent nwner in tl1at company. StoneCoat ofNorth Dal1as also offices
11 Q. Who is th~t·pcrson? ll :there, 1!Ul.d the:ire the opcratiooal un:it?
12 A. And I'm going to asl< my attorney. A, That's wbet·e we rtln tbe jobs through.
13' 'Tiffi WITNESS: Is llll'ofthls pertinent' 1i'l · Q. And if you contmcf With a customer, that's who
:u to,. 14 contracts with the tlllstorner?
15 MR. BUNDREN I dot\'t think it's pertin(ltlt 15 A. Ye.~, sir.
- •'•·,
16 tn the·-
,

· Q, Tliey also oftice nt t11e ~ai:ne addmss.

THE 'WITNESS: I mean, this is ••
ru!lt. BUNDREN: •• ta this deposition.
THE WITNESS: ··it seems fishiug ••
Q. (BYMR.NEELY) Iwantto--
1HE WITNESS: ·-tome in a lot of other
stuff.
l\1R. BUI'i'DREN: Yeah.
Q. (BY MR. NEELY) -- fiud out ifl'rn suing the
2.5 right person, and lt sounds like them's lots of
A: ~t's more for acc!.mnling, yeah.
Q. For ae~:auntil!g. Okay.
A, !HonDCo11t 115 a namela what people l'ccognize,
2:0 and 1 would thinldt'd be more wfiat you 1re looking for,
Q. Do any other entities at .. office at !hat
address?
A. No,
Q. Okny. Is there a StooeCoat ofNorth Texas? Js
that·· I heard you say that earlier. Is there a North

10 (Pages 34 to 37}
DepoTexas, Inc.
 Kenneth W. r-iorrison
38
1
;!
Texas or--
A. I accidentally say dud a M.
Q, Fair <;;llOugh.,
A. l?l'om day oM, l'vewlwa:Y£ ~ai1l StoneCmtt ot'
No:rtll Texas, and it r~nlly Is Stt~neCollt of'i'exus,
· ·' · ·Q.' iUid then StoneCoat of:N{mh Dallits: ··
A. I still get ltwnmg. Yenh.
Q. OkflY· ~rave y~u di$cuss~d thcJnwsu)t whh
Mr. Ruben Gonzalez?
A. Not that han rcmflmlm·, no.
11 Q, Have you discussed the 1!1\\'l!U.it with Eric
.12 Golden?
u A, No. Thel:'e-· it's not thclr lmsine.~&, anti they
H have ru:;thing to do with it, so I haven't bothered to
soil their mind.
Q. Have you asked Mr. Ruben G<1nz,Jlez ifhe
submitted the disputed customer complaints?
A. Na, I h&ven't diree.tly asl<ed him, butl woul!l
ltighly say that I-· be wouldn'l hnv~> done it.
Q. It's in l'vfr, Gon.:mtets miere.~t to increase
21 sales to submit a faktl customer Ct?O!J'!aint, i5n'ti!'l
A. Oh, 1 guess io his motivation I don't th.inl> he
would do that. It's like lfi asl1ed you lf)'mtt wife
would do it, you'd say no, tlley wouldn't·- she wouldn't
do it.
r---~·~--~-·---~---··--~~---'""-:""""-,--..~ ~··--:.7'---~-·----"--·---------"~.~~--~-
39
Q. Okay, But you have' net ~ked him.
A. No. But I tan tell ym1 tltllt in li1~ office, you
knuw, n11t siiling d11wn, nsl Sjjld earlier, and bnvillg 11
b:ig annmJncementwitl! averyb!>lly, pcqple 1111derstoud that
snmellungwnsfi!ed abouta fake tOmf>labll, and we told
everylmdy, y{IU lrnow, nbvimtsly, yonlu.tllW, we illda't dn
it. A11d so the gr.neral ~1ln$tllsus liM bten.lhnt, y~>u
kmlW1 litis Is all Just to hl111VlS Its, and it's •• so no
one took it as a "tll!s !s som~tlling we wo1tld do at did
do.''
Aud they undentood deftl'ly thAt ilicl'e wns
a TRO filed I<> sll>p us from dol.ng It ligNin, wlllrll b
mure of~~~ eye roll than ~tsking rl!red qu~s!hms to
people,
:l5 Q 1asked yotl earlier who you spoke wlth ~bon!
16 the TRO, and you said that you.·· sqre!y !here mlgh!
have beel! some rumors around !he wntctl:!!tllct. But ••
A, Yeah,
Q, - generally speaking, you just talked to Rick
Adams, Vanoo MCMurray, •md Kimberly Kay.
A, At differe11t levelli, Yenh, cb\'hl~.taly roy,
attorneys I've sp~lten to, .f{lmlm•ly t{'\y1 as l s~id
earlier, I mentinneil to her lf;nt lhbls golltg (In, I
would b~ve 11 dtl1tHI!ion, and I would luwe smae thing$
tllatwou!d come up 011 my cn1enrbr. And that's th~
DepoTexas, Inc.
40
I
l
1
3
eden! !flAt I would -ll's not the snnH' level t!Hlt I
would Iaiii to Ill)! i!ttorneys 11bralt,
Q. Jn preparation lor yout dopooi!!on, ymt did not
.. · : falk to Ruben GooiiUe-t.
~.
A. Absolutely no!, llO,
·'' l;
Q. rn prepwatinn fur your dcposltioil, yoti dill'tmt
talk to Eric Golden.
, A. Wilen you say "in prcparatlcm," Jil£e r would
in;ep!lre' tl1ern or t~ll them what I'm going say? to
1.0 Q.. ,Inproptjtnuon for your dCJX',~ition, you dld not
ll talk to Erie Golden lo sec lfl:w wus the one who
submitted these ~omp!nluts.
A. Everybody·~ rw, I did not.
Q. Ok''lt)', 1n preparation for your deposillon, you
did not talk to K3y!u to ask her if she submitted these
complaints,
A. No,
Q, YoudidnottalktoKclsey.
A. A1Hll'm not being fihjcctlormbh:. Can I ask yon
tu dulfy, wlle:n ytHI sny bilk to them, are yon saying,
21 Iilte, that 1 sat down and ,lmd li.Oile;nn-one to tellthern
wl;Rt Pr~Cai n~d Profaucl;ll, ba;l illed llnd. my opi~ion of
it and -I mena, can you help tn clarify what you mean?
because It's a small gt·onp.
Q. Did you talk to them 11hont anything in tho
41
,''
J.!lliverse ;egardillg this l;wt!mit in the last seven days?
A, LUre 1 snld, I lhink ia the 'rumlay meeting
.•. t}iatitw~~bronghtl!p­
Q, Okay,
A,.:.. y\ln·lmow; thH •• yunltllow, but
tll1derstMding, you !mow, 'vhallu\s happt!led with Pn!O!l
lllld tl1e taclks and t'!t!ngslike t!tnt, itwns- i! was
Mid in a- inn!It lllll\Ctut~atlwy way of anybody tllertl
it was laformed everybody what bad been filed.
Q You've mentioned tongue iu cheek, ml! the
11 eye,~, not accusatory. Aro }'{lit taking this lawsuit
1?. sedti4Sly'l
A. Oh, I thillldt's llm·r!ble tltllt It wns dunt.
Q. rm asking you ifyou'te taking it seriously.
15 A. 1 h11ve to lnlre It s~rlously,
Q, Okay. Sillceyou're.taking !!.seriously and
sitwe you've beeu desigua!etl !IS S1oneCoars corpornro
repteiienta!!ve fur !his deposltiou, l'm lllikiltg you, did
you speak witll Kayla ahout whctlJor or not she &tibmitted
these customer r~vl~ws'f
~.1
"., A. 81!~ Is SQ new J d&n't!lllnk I l\~d any
dl~~ussion with ltr.r allonllt oilier lll~n what she nmy
have everheard sluing ln a Tur.,day morning meeflng.
Q, So the Mswer Is M, you didn't-·
A. AtHl sla-;'s not •m employee nr" <JfSton~CnR£1
11. (Pages 38 to 41)
 Kenneth W. Morrison

42 44
1 she's more o:f a .. you know ••• 1 A. 1 tlllnk-
2 Q. ls the answer no, you didn't talk to her about < Q. That's anew ~J:ng ••
3 ~ A, Tltntls-
it?
4 A. By }'!lUI' definition, I would say no,.I guess, ! Q. .. you've to1d me now.
,(j
5 Q. Okay, My question doesn't involve de:fi.llitlons; A. Th11t is. 'l'ltat's probably a better way that I
~ it's simply did you talk to Kayla about whether or not • can describe lmwynt~ would·· ~here you go. I told
7 she submitted the complaints? 7 pe~ple if there's anything t~cy lmc:w to let me !mow.
a A. Well, I·· again, I don't thin It I'm being 6 Q. Okay. Anyone approach you to let you know
g
9 obJectiouable by asldng yon what ll talk means. Did l anything?
10 sit down and IJ !IV!l tl big debrief UU(} pull out all of the 10 A, No.
11 documeuts nnil d~erlbe the accustltlons and give the 11 Q. Okay. You mentioned, though, th~t some people
12 third deg!'ee on everybody? No. . '·
12 ... ~1igl1t J!aye talked ~pout Ellis, so that's ow> thing,
13 Q. Okay, i.a' A. Ull'-huh.
1~ A. 1 fcelllke some !l.f th;~t Is not approprll!te, M Q. Okay. So··
·•
15 and especially wllen it's fraudulent, all it docs is 15 MR. BUNDREN: You need to answ<:r ·-you
16 bring people d1rwn, to drag them into details of a 16 need to answer wlt11 wotds.
17 lawsuit. 17 . · A. Y.es,
1a Q. We're going around and around here, and I feel 19 Q. {BY :!vlR NEELY) Okay. So v.1w cmne to you about
19 Hlte the question is really easy. Did you ask Kayla, . 19 Ellis?'
2C Kay!a, did you submit these fake customer reviews? :10 A. Nobody rJm!e to me about Ellis. Nobody carne to
21 A. Nv. ;u to
me nud said, I want talk to you nbout Ellis,
22 Q, :lvfr. Morxlson, did you ru;k Kelsey, Kelsey, did zz Q. Okay. You jllst said that someone rud, so which
23 you submit these fake customer reviews? t3 one is it?
24 A. No. 24 A, Nn, I said there wns talk. I thiult Rick and I
25 Q. Has she or Kayla come to you and said, Hey, it 25 had convers!lt!ons about the complaintS' thllt we heard

-
43 45
1 WllS us, I did it? l tbnt he 1~as Slled J:,ec!lnse we were no trued -· or I
l A. Of course not 2 · didn't·· did ttot spenkto Ellis; but l Wll$ told'thaf:
3 Q: Did you ask Russ Grand, Russ, did you submit 3 Ellis bad beeu sued, and 1 guess tltat was from Rick.
4 thos~ fake customer reviews? -1 Q. Have you asked anybody lfthoy're the ones who
s A, I wouldn't have asl1ed like thnf. That's 11 very 5 submitted these complaints?
~ IJ.gly way to ask somebody that, you know, yon know is a 6 A, Not in any aecusatlonal. I think yon helped me
7 good person: ? •Q uw:let:staml better how 1 told p.eople that if there was
B Q, I made a mistake in making the quote. Usilig
. B' any IolQwledgc •• llnybody lmew anything, let me luww.
9 · yonr own words, did yon ask Russ whether or not he had p But you !mow, I didn't dolt, Ric!•dldn'tdo it. We
10
I 10
submlticd the fuke customer reviews? ! don't !mow who dld it.
l l1
11 A. In my own wol'ds, 1 dearly let evel'ybody know Q, Did you ask Rick if he did it?
u that this complllint had happeued and tllat ·- that we \2 , · A. Jn the same way I didn't ask my wife lf she did
13 didn't do it and tlmtmy lmowledgewns that nobody here 13 It, :no, I didn't askRickifhc !lid it,
l4 had done it. And at the snmc time, you lrnow, we- '10
Q: 'Docs yo!!t wife work at 8toncCoat?
H tbere wns prol:>>~bly a disensslon about Ellis because that 1.5 A. No, I'm using that •·
16 was somebody thnt some of those people knew, aml that's 16 Q. Rick does though, right?
17 about the extent of it because there's nobody !here !hal 17 A. Yes,
19 thinks lll;e that. Su we don't lmow what hflppene!l. H Q. Did you ask llick, Hey, mun, did you do these
H Q. And you didn't ask your employees what happened 19 things?
20 eilher, did ycu? Yotl ass!lllled llley didn't do it, ~0 A. l didn't bas!< him 111«! thnt. 1 m~nn··
H correct? n Q. Okay. What'd you ask him like?
22 A. There's an !J.Ssumptlon, but there's also 11 22 A. I don't !mow who 1lid it. ·no you !mow who dhl
23 23 it? Do you have any idea what happened? No, I don't.
letting people know and if there •• if anybod31 lmew
24 anything to tell me, 24 Q. Okay. Vlhen did you ask him that?
::!.S. Q. Okay, 25 •A. l'l'Obl\bl~ tl111 slim~ day tllat all thls· got tlle!l

12 (Pages 42 to 45)
DepoTexas1 Inc.
' . >
 Kenneth W. Morrison

46 48
'beclltiSe r told ftlm about the TRO. 1. so, ftnt or all, people hn,\e prelty gof!d l'etol!eettous
:&ITt B!JNDREN; Can we take 1.1 short brenk~? :2 of enstomrrs, espednlly ones tlu:t would've bappeued in
MR. NEELY: Yeah, > the pastfew wecl<s; and number t1vo, l did have them
:N1R. BUNDREN: Ate you at a breakJng point? 1 sea reb the' databAse and had t1iem look at -.obviPttsly
MR. NEELY: Sure. s snld, l.uok and, ~.:df there'~ auy le•Hls thl!t yon lmve on
(A break was taken from Z;S!l p.m. to 6 your own coinputer ur any mune that comes up !lite that.
? 3:03p.m.) 7 And then I.- bccan~e It looltcd lil•e tbe
0 Q. (BY :MR. NEELY) Mr. Mcmison, we've taken a a lWl$ fake complaint·· am! I say th11t nnt s!ly!ng tltllt
)
short. break, L~ fuere !ll:lJilhing, having taken this 9 lw !lid it; l'm jus! saying·· referrlng to It llli ill('
Hl break, that you would like to amend or com~ct about any Hi Ellis complaint - I aslu:d either Kimberly or Rkk to go
11 of your previous answers? 11 and lind the laptop Ill at lie was using ln the office lind
12 1:2 to look on it. No one came up with anything.
A. No.
13 Q. We were t.nlldng about (!m poopl* that ;too have 13 Q. Do you h11ow if !hey looked -· if !hey searched
14 at your office and fue steps you look or didn't t!lku: to H tho bptop'l
15 detennine whether or not any of them had su1m:lltted the 15 A. Yeah. They- bnt we also lutd some
l6 oustomerrevi.ews. My next question Is: Did you seanih 16 recollc1;tion oftlw time that Ellis leFt til at he en me In
17
18
at StoneCoat or peroonally through any e-ma1ls or oo
your network a! work, your compt;ter network, to see if
I n
u
<Ill 'a.Mouday, I believe, nml hnudcd tllls laptop to Welt,
along with a Trey that be had ta the building a~td
the:ie tllings --these complaints omne from yon m· fi·om
I "'
whutever else benwy have had, lllld it was found <~ut that
2.0 anyone ut your ofiice? 20 lnter1 ln the nut dAy or twu or smnething when we tried
21 A. Yes. l :u to reissue that laptop to somebody, that li~llls had
Q. Okay, Wluit did you oo'I l 2,,·
.;;nbmtalfed tile Milr~ Oftke suite nnd On!lo&k un that
A. I told l(1tnllerly and Ulek to sear~h illld see l.f l).:!
emnpoter and- bnskally. caW!lng oil h'l have tfl purehn£e
illis name puflped up llnywhen,, ~1nd fir~t, bcl'ore that, ~~ to;.
anuth~r soft\"f!lre sent .Micrmmft Office.
21> Q. Well, you have: that already et StoneCoat. Why
11skcd them iflt was a customer that we lu\d hiHl.

47 49
l Q. All right What's·· you saki searched fo( the 1 don't you just reinstall one you've got7
.~ !ll!nle''Don Hooley'? 2 A. You lmv~ tn .. you have-~ when it's
3 .'1. Yeah. 3 uninstalled, it'anllt there,
4 Q, Did yon ask them tn search for the 11ame "Ripoff 4 Q. Okay. Irrelevant. Don't worry about it
5 Report" or "Beller Business Buteau"? 5 A. You have tn !lave a license,
A. I think tlmt people went to t.he Belter Dusbtess 6 Q. Okay. So you looked for a client named Don
:Uurelln to see ifflley ~uuld .find Ute <:omplalnt, and that ' ·; Henley and didn't find one.
dtty, tliey wul!ln't :find i!. It wasn't on t:l!c Xlettel' 1l A. (No verbal response.)
llwiness Burc~tu. 9 Q. You looked on BU!s's laptop-
Q, 'What day? 10 !viR BUNDREN: You nec.d to answer with
11 A. lt was eliller lTriday ar Monday, 11 W;Jrds.
12 Q. Have you spoken w1tl1 Klmberiy or ,Rick about 12 A. Yes.
what specifically they did !o search? 13 Q. (BY h-1R. NEELY') And you looked on Ellis's
14 A. Yes. 1 .. betll.use I instructed them to loolt !n 14 laptop, and he wiped lt clean after he left.
1~
15 mtr databuse. We luwe a d!italn•se of customers fllatwc A. Yes.
lte~p. lol.loklu the database, lMk b1 •• on tbpir ()Wil1 if ltl Q, ;;vnat e!sy d!d you do7 Let me stop you thm'C.
they ··we lliu! ha;l a leatl tb r~t Cll~t~ ln. Of eour~;e, wlih
'>

rt Who d!d the database semch'/ Kimberly?

HvJ name "Don Henley,," tbt fir.~t thing S!Jmelwdy -- lB A. Kimberly amtlor Ric},,
sonwbody said was, Isn't that the lead singer fot• the :t9 Q. Andfol' Rlek, Yor!re not sme whlch one?
Eagles? And l!lllnk 1 would remembel' ihllt mnrw, Su 20 A, Nu,
that's wlutt I hlsh•ueted erceybody tu do, 21"' Q. Okay, You. recall which one carne back and
Q. Okay, Otber than lock in the database of 22 repoited, We don't have Don Henley as a customer?
customer nameJ for fuewmne "Don Henley," do you know 23 A. I'n~bab!y b{)tlt at the samt< time.
what else they did? 24 Q. Okay. Small office?
A. Well, this isn't a rel!!ly ~mnpllcatcd busluess, 25 A. Yeah,

13 (Pages 46 to 49)
DepoTexas, Inc.
 Kenneth W. Morrison

50 52
1 Q. Okay. l did ls Kimberly; is that ct>rrcol?
2 A. And Rid>·· 2 A. Yes,sh-.
:J Q. Who came back .. 3 Q, Okay. Dldyou iustruotan).'Ol1e e!se.\J,1search
4 A. -I do remember tlmt Rick scarclteilllls 4 for anything relating !o th<Jl!e ous!omcr complaints?
$ computer, too, and said, I don't have auythiug, 5 A. No, because tboNc two luwe ae(:M to everything
~ Q. Okay; And wl1at did he search on his i:mnpnter7 6 in the entire office, indtidiug tb~;: Go ogle-· or tile -
7 A. .All the tagH you'd be looklngfor. lit~ went 7 nm WITNESS: Can we stop fm a minute to
a !lmmgltlcath; 1~ustome1' llst.~; he went Hmwgltlltt\ ntm1c g
,I ;;sk Y,ou somethiu~1 ~bade~? , . .
l> · search, Don Uenl~y; !'believe he pl'olnihly'c"~rrdid ·' <.
•,
.')' .. · ·, Q. {BY 1\!!R. NEELY) Fini~hyouranswer, a11dthen
10
11
~poff o.r something, ..
lluU enu tell you ttmt w:lbody wanted to go
10
11
.. l'll.be glad to stop. .~ '
A. Including the database th~t we usc that
1a to the Ripoff sl!e. I didn't because Y'd mwer been on 11 evcrylwdy can ac;:ess in tile building.
B it before, and l didn't want to tay that '{'d.n•u· bten l3 Q. pkay.
H on ft. To tllls day I've ntvtr btllllllllll. I duu't even H A. Sl!c there's n cenitallz\'.d, yun lmnw, datnbase,
lli !mow what lt is. I tl!.lok It's 11 had plnee to go dump 15 aud tlutt encm:np:tM>es everybody's Ill pUt
l!i had Nviews on people, nut t've never seen it 16 Q. This is a··likc, a leads i;'¢!llll'ator or
1'1 And sol think ltlek did a pntty thorough .n cusfumer-bll..'ll:d databMC'l 1s !hat wfnt you're
l
l~ search wifu I<lmllerly and - !nduding getting lUlls's 18 referencing?
t9
ZG
computer, beeause we th..,ugh! thai wayhe, youlumw, lie
had something to do wil!l It the first time. We didn't
I H
20
A. i'eal!.
Q. Okay.
:n !mow, All it's"' it's all just pltre speeulntiou. :21 MR. BUNDREN: You need to tulS\Wr with
~2 Q, And right now you're really ldnd ofspecu1atlng 22 words, not just "yeah,"
ZJ about what exactly I<iok Adams did wawh lor on hls 23 A. Yes.
24 computer. 24 Q. (BY Mlt NBRLY) Rick Admns, does he have
25 .A, I don't think tllnt's ftlir !a Stt)'. tjust told 25 adminls!rativo access to the -· to the Stone Coat
---------~-..,..__~..-.~

51 53
l you 1 did 11 very, you know,apprnpda!c job of l oompiliee network.'(
2 ii!Strutt!ng my people to go and senre!J, 2 A.. Yes.
J Q, I'm. not asking abovt whether or not yon think .. 3 Q, J?oea Kimberjy havw ~dml!l!stratlve privileges?
•'.' ·-.:
4 you did n good job ~f t~lling llim to. g; soorcl;; I'm 4' A. Yes.
!i saying that you doa't ex!latiy knpw what h.e ~earcbed for. ,. .s Q. And I llSSllt1le yq!t do llillhe OW!¥'f?
• A, Well, you said lt was spt;;ulat!Ye of me, and-
1
6 .A. I don't get into sale.~ that way, I don't know
7 Q. That's what I'm !i\\lying. You kind of are wllnt the passw<ml is,
8 speculating what exactly Rick Adams dilL u .· .. Q, l'm not talking about sales.
~ A. h thata question? s A. I'm JH!t a user,
Hl Q Yes, it is. 10' Q. l'ru nsklug if you have acceSll to the Stor.eCoat
1l A. I don't Jmow bow ynu want me to answfr that. 1 11 computer network as an adru.lnlstratot.
a Mdyou- 12 .A. I've never us'eu lt, so ifl- I'm sure that at
n Q r want you to say, Yes, I'm spet~ula.ting that •• 13 my !eye! I wou!llnot be restdeted from it, I'm listed
H A. !'m not-- H as an ad min. Jlut I'm not an admlnlslrutor of it.
15 Q, ··l don't exacdy ltaow what Rick Adams did. 15 Q. You are not ao administrator of it, but you do
11\ Thafs what! wan! you to stty. l6 have administrative access, m:mect?
1~
A. That's as much of !l SJX!tulntl!l!ll\S nnytltlng 17 A, I have -I could get ate!!$& !o H-
1a that yon would 11sk anybody to do, lS Q, Okay.
)9 Q. \Vho won1d be the best person to tell me what l!l A. - yes, sit', )'l!S1 sh'.
-..:::-c~
Rick Adams did to Mnrclt for tl!~~e c\J$tcmar tompluinl~'l 20 Q. All right. We'w talked about employew at the
ll A. Beeause 11m ow Ridt, probably m~, and then Rick ?.1 oflbe or Independent conltru.'lors or people.· We have ·
at would be the firllt source of that. 22 mlkad abt1ut Rlck and Kimberly doing a search. \Vhat
2'3: Q. The best persou to ask Is Rick 23 else have you do11e to determine whether or not these
2t A, Yes. 44 customer xevJews originated from StoneC'uat or fmm you
2:5 Q. Okay, And the bt'st pcmonto Q&k wll~t !Kimberly 25 personally?
.,
-
14 ,O?ages 50 to 53)
DepoTexas, Inc.
 Kenneth W. Morrison

A. Wei!,! think llnwe ctmv~yed that nl!llougll we
fdtllk~ it was 1Hvoltlllll thl$ was a strious matter
bccJmse it was n lawsuit and that we 1Weded to, you
know, be on lltl!' tf>cs and be cnrefullll!d, you lmow, lf
!here's Mytblng auybody !mew that they .<IHmld shal'e lt,
I tl!inkslwr1 of, youlrnow, big tiWng down and
debrief, lwlcling the case, that J think Wt let
eYerybody !mow that·· that there was a lawsuit, and IJ
we .tmdn't done it before, we're del1nltt!y Jl(!t ·• tlmt
we wet'e under a :restraining order fm· this ldnd nf
matter.
Q. Mr. Morr!sOll, are you aware that you're here
today because you've been deslgm\tcd to appear as
StoneCoat's oorpontte representative or oompituy
telnesentative?
A. Yes.
Q. Is it undersrood, 't.ir, Moxtlson, thnt as t'rn
llsking you these qilesH~ns that }>Ou•ni answerit;g these
lj\IC;;ttJ{JU{! as a StoucCpat rcm·ese~;~tative'l
< I
A. Yes.
Q. Show you what's mnrked as Exhibit;\, Do you
recognize this document Mr. Mo.rrison?
(Exhibit 3 rnnrked.)
A. Yes,
Q. (BY MR NEELY) This is the deposltloil. notice
56
things HI«: that.
Q, Did ytm --without telliug me the substance of
your discu!Jliions, did you meet with lvlr. Bum!reu'l
A Yus.
Q. Okay, Where did you tneet with him " nt his
oftlce'l your ofl1ce7
A. My offiee,
Q. Okuy. What day did you meet with hhu?
A. I may bav0 met wlth him l.l'ltll'll than ono time, but
10 l Jmow we met yesilmlay,
Q. Did youillllet with him bt:>fore yesterday?
A. I'd s~en him, I H1l11l4 one ~~hl!r time, yeal1.
Q. Okay. V/h.at day did youec him?
A. Again, to me, fills ls .Mt in f!l'eparnilon o:f my
de{tosifion. U I bad known I ueede11 to 1~emembcr th~.se
comings and golugJ In the offk~>- t mean, I'm net
bdngsarcast¥: ··I wwld've, yonlmow, lmown. I-I
:~on'tlmow. Igtt~s's'I coul;l talrea tweak and ask him If
he came any other tlme1 hut I lml'lW ye.~hm!ay,
:1.0 Q. Okny.
A, And wt tall1ed a lot on lhe phone.
22 Q. Qkay, All right, You've talked tohltn a bunch
oftitnes on the phone. You m~.t with hlm yesterday at
yonr office, Ho~\· long did you mo~t?
A. SIIVIII'lll hours.

55 57
tor the corporate representative of StoncCoat, LLC. Q. Okay. Moruing or aftemonn?
B.aw you -- when did you first see this d!:u:mment'/ 1 A. Afteruoou,
A. It was pl'~scnted to me by my l!ttnrney at tl:!c J Q, Okay, Three hours?
time it was filed, A. Sure,
5 Q, Do you n:call wh.;:n j'Oil fltst saw thls'? ll was 5 Q. I don't want "sure"; I want tn know the irtlth.
sometime, I assu..'ne, within tllc la~t few .Jays. Do you ;; Three hours'?
reesll. when'l 7 A. I believe it Wl\S probably tl1ree hcurs.
A, Not exaelty. e Q. Okay,
Q. Okay. Have" you read tllis docun:u:at befnrc7 .9 A. At least three hours.
A. Yeal!, I've read evecytlllng that's b~en filed. 10 Q, Was It four bourn?
My attnrney t!lples me nnallof U, 11 A. That may bt~ pushing lt,
Q. In addition to wt1a(we discussed so :fa~, did 12
"
Q. pkay. wa~.it dose~· t.o two?
you do anything else il~ prepMation for your te.stliliony l:il A. Somewhere between two aml three.
here today as the cm:porute repre~entatlve.o'f StoneCoat
I· 14
15
Q. Okay, Who else Wllll there with you?
to figure out who submitted the faloo reviews or whether I A. Vance McMurray.
or not they came from you or StoneCoai? Other than what l lB Q, Another lawyer of yours.
we've alresdy said. 17 .•, 'A. ;tJh-hub.
A Yes. Ifel'llikei've done the bestl tan do 1a Q. Who else wa.~ there?
ntber than to launch 1111 hwes!lgaiivll search that's not 1.9 A. Nopmly.
mine to tat'~ been11se we dldn't d!> il, .2il Q. \Yas l\1r, Adt~t.'1S thet'e'!
Q. Oby. lvft. Morrison, tell me what ymt dill to n A. No, lle was working.
pr<.~pare for your deposition hem today. 22 Q. Was any other StoneCoat employee there?
A. I reviewed with .my attorney~. 1 wns mnde aware 23 A. No,
f>f at! tile facts otihe case. w~ ml!n;d a!:l!l\lt tlei'ense :lA Q, Okay. Do you knovt wbetl1er or not your
of our hmoeente in 1lle ense, defense of the C!liil\ 25 attorneys have asked any other StoneCoat employees

15 (Pages 54 to 57)
DepoTexas, Inc,
 Kenneth W. Morrison

59
wl1ether or not they're responsible for these custolnef
complaints?
3 A. It's a snulll office. I don'tltMW ifibey
spolm to some-· anyl>ody in the: office or not, They may
5 have, lmt •• ·,
60
1 lllink of outside of tim tl!ingswe ht\v<~llere ihntl've
reviewed, ! don't kmnv If there- there's uothing else
related to Uds case that I have to review or talk to
you nhout,
5 e,;, e Q. Did the invoice that you looked at have

£ Q. Okay, Sitting here today as the vo:rporate (i

any!hing to do with tbls !avr"sllit7
,,,,.
f• .. repres'cn!ative, you don't knov{; thoilgh. . . A. Absolutely not •· ·
A. No. Q. Okay, So the answer is you didu'tlook at any
Q. Okay. ' ' . ,.
d<;Jcgmcn!l! in preparation for this other !han the
10 A, I mMn, if yon want me to .. ~0 petition ~nd tho TRO.
l1 MR. BUNDREN: No. Just answer his 11 A •. And. the. e:tlllllits and -·
12 questions. Q. And the exhibits to the petition.
13 T.fillWlTJ:.,H.~SS: Okay. A, Sure. Yeah. '
14 M:R. BUNDREN; Don't spectilutc; just answer Q. Okay. Did you look at any e-mails or Internet
15 qtle.>tions, Web sites or anything'/
16 THE WITNESS: All right A, Purposely stayed away,
17 Q. (BY MR NEELY) Did you lnok at 1llly docume!\ts Q. Okay. Dtd you- are you aware of anyone --
lB during your preparation for this deposition besides the any StoneCoat customer who has, ;\lithln the last two
19 complaint and the .. !illd tht'l restraining ord~'f?. months, come to you and said, I fired ProCal~ 1 want
20 A. Well, ean you elarify "documents," what you you?
21 mean by other ' 1doemncnts"'l' A. No. We've had some people that llnd- t1tn!
22 Q. l tell you what, you use whatever deimit!on 22 .ProCalllad ·-they told us they Ita~. talked to ProCal ami
"~ you have in mind, and you tell tne if anything you looked 23 that we hlld done their job. 1 meal!, 1 henr iliose kind
u al fits it. 24 or things on, you know, regular basis.
Z5 A. Well, I lookcrlnt ll invuicc ilocument for a job, 25 Q. Explain what you mean.

--·-------------------------------------+·------------------------------------------
.59 61
I mean, I don'!Jtnow- if you don't lt•we llnything ami 1 A. Well, there's only two lmoclm.l'f companies ln
we've
tl;is ~~ nll tilero is is n bmlch of filings and i Dallas-Fort Worth. On~ is l'roCal 11~d one is Cre8Stone,
!l~nc all frf uur sen relies to look fur evcrytlllug, there's 3 and both of tbem 11dvertise, And so obviously, because,
not much f!!Orc you ean dn1m up ~r ma)!e .Ill'• }'o~ know1yon , , you.Jmo~>·, oftlle entire !egalsltuntion flnd these guys
only lmve whM you have, l'\•e seen the docuruents .filet!, 5 · ~~·eating ~ompeti.11g comp~nies for my company, of cour$e
I've seen the stuff that you guys have lltfacllcd nnd we~ you know, we·tlllw notice lf we go to a customer's
tblngs like tlmr. .house or somebody come.s to our pffice and they say
Q. Why'd you look at a job invoice? tltcJ've heard onh!s other cornpnny and·· or they ltad n
THE WITNESS: Charles, sooously7 s bid fl·<lm another company.
A. It's -It's a job l<wolcc, It's a -it's 10 Q. So ill. the process of simply l;aving yout
5omethi11g to nvlcw nn<1loolt at and say, Is this anwunt u business, slilespenple wiU say customers will tell them
cnrreot fur this job? 12 we're gctllng competlllg bids.
MR. BTJNDREN: What docs that have ta do u A, That's It
with the deposi!io11 preparation? That's·· his questign H Q. From PmCal and CreRStone and from yon guys.
was: What did you do in preparation for this 1s A. hoCal WI\S there, Cre8Stnne was there.
deposition? 1.6 Q. Okay. Do you have ru1.y spcci:fic rceotlection of
Q. (BY MR. NEBLY) An~ you said,llooked ~ta joh 1 'I auy customers -·and fm asking you this not p,ersonally
J.a invoice. So rm asking- 1s hut as a StmwCoat representative. Do you 'or anyone
A. No. I asked wlmt document 19 eJse at StoneCoat h~ve any- to yolll' knowledge, any
You sahl, Any smi ~f 1lucnment, wltat ltiml zo emthly idea, any inkling, just whatever word you want
o.f document yo!llnol<ed M, 21 to use, ot'afuoner ProCal oustomer coming to youood
22 I. said, Can you dd'hte- "'''bat kl11il of 22 saying, Please finis!• tl~ejob that ProCal started
23 documenls Bl'C you Wllnting me til sny? . 21 · becausn I don't like fuem7
You snill, Any sort of document. N A. Yts.
Z5 I snld, '1'l1atls !he only dacume11t I can 2;; Q, Okay. When? Tellme the detalls.

16 (Pages 58 to 61}
DepoTexas, lnc.
 Kenneth W. ~~orrlson

62 64
1 A, Well, t11ere's bt;en nwre thM cue, 1 preparation for this, l.utcnuse it's all .~peculation, 1
2 Q. Okay. Let's start wilh number one. ~ purposely don't llnve h~r name memorizcilor written down
3 A. And - well, I'll tell you everything ynu wnnt 3 to tell you,
~ to !mow on this be~~nse it's 8hont tlH! most prep~red I 4 Butifit's- I could tell you tlu1tshe
5 couJd be fot you on this •• • said she was goh1g to .. she tried to me u complaint
,; Q. Okay, 6 to the BBD, nnd they told ltcr thnt ihcy emddn't because
1 A... to help yon g11ys figure 011twhHt happened. 7 the place slte wns trying hl mu!•e !he filing fnr wa~ in
Q MR. BUNDREN; Just t\IISwer his question, a ffouslon nntllhat tlte Dallas- the DflUas branch
9 THE WlTNESS: Okay. g
w~-i1ldn 't .accept lite wmilla!nt. An <I 'she lYRs :very ;;pset
10 A. We've had a rouple ofpeopleeomeol'er. One·· }I}
nhout ilmt ll!lll was upset at nnn for not ~!!owing her to
u m1d before y;m ask me her name, let me finish. One Indy 11 lodge her complaint with !hem, and site was very mlamant
l2 eRme ove!' several weelll! Ago, it mlght have been about 11 12 tl>at tho:y hatl d!>ne he~ wrong and !hey were tryl11g to
u mon!llngo, that they did a job for her. And {!nople told ll buJ!yh»r,
u me she was cnming'over a!ld she had a !wrribie e:.:11~l'ien'cc 14• '' And ltol<i her, You should call the BBH,
1? 1yltb t~cm nnd site felt lll<e she wns getting ~unied by 15 you should talk tn tbun; I <lon't eontrol nny of that.
H them and they weren't fixing it nlld they were telling 1~ Anti - ~nd then, you know, she Jdt, and I
17 her wrcmg IMngs, nnd she was very upset. 1'1 was justldnd of hoping she'd figure l)ut what -lmw to
1S And •· and you know, I bnskal!y brong!tt ta J1x It and resolve lt.
19 l1cr in, sat her down in ~11 ofilce, 11nd listened to her 19 Q. When was thist
20 story nnd, like I do with - over tile Jl!ISt severn! years • 2Q • A. ·This was about !ltrec or four w~ekllago.
H with the other lmockoff el)mpauy, Crc8Stone, 1 tell t!1em, ll Q. W'no else at StoneCoat did this person speak
12 Well, l'lll·· you Jruo'iv, Twlsh you woaid've called us az with?
23 first because I'm a little hesitant to d11 ally job fot• Z3
A. Khnberly met her wbtn slit tame in. When I -l
2A was c~lled In to nay, You1v<.l got-- that lady is here in
~- y011 !fl don't !mow wl111t they've done or wllat the
25 product is. 25 tlle training room tB me£t with you; she wa~ts to talk to

63 65
1 This plu•ticnl~t·lady had pigment that w~s l you.
l 1·ubbing off on her lumds, an.d th¢y were telling her that 2 And I·· you know, that w~s It 1- and
3 w~~:s MrrnRI 1 to let it sit fpr six montl1s, and scolded 3 could I get.the name7 Y~ah. Ifeel ~ad th~ t :: Inl~!Ul,
4 her :fo1•touelling it. And !twas.just 11 bad, bad stO!'Y• '! I don't have bcr'nl\me l'lgh.tnow because there have !J.een
5 And I just remember tlilnking, It's not worth it to try s otlun~ complaints from ProCal to us, 11nd I hate trying to
6 5 have all tbese people go 'on being ehnsed after wlum she
to remcdiale a Job lil>e that, but you have to be nice to
7 U1e customers. 7 was ~ke~dy worded OJ:' seared about l'roCal-· or 1 guess
B Q. (BY MR. NEEL:SC') Did you accept the job? 0 "inlimidatl!d" ls a better word.
9 A, No. 9• .,\ Q. Gosh, what did slle-·whatwi!Jl ~heintimidaled
l<l Q.. You did not accept the jocy. She did not ·- 10 about?
ll A. No, 11 A. Their gene1·al style. Their~ I menu, I !mow
12 Q. - become a StnneCoat customer. u em1ugh oftlle!r natuxe. She'd tell me what happened
13 A. She did not, u 1yhen pe?plc came over and lall,pd to bet· nnd the way they
14 Q. And you just figured, I don't want to fi-x the H talked to her ~nd what tlley told bel', She told me tbe
15 15 entire slory;·,.-
job; I want to let this ow go.
16 H Q. rve never been Intimidated by someone's
A. Yeah.
11 Q. Okay, 11 genlltal style, so give mb some !nord detail.
18 A, Thllt's usually what happens because it's just u A, 1'h11t's quite 'a sllltcment.
l9 too mueh to tl'y to warnmty or tal'e on thl: liabilities 19 MR. BUNDREN: Just answer the qt\estiotls,
ao fol' somctlling that I don't know lVhat it Is, and 2C I object to the sidebar cm:mnent.
21 especially with the bad blood that's Mttherc with n A. Well, she b~d tailed rwer nml snld thnt the
22 these tompanies tlutt have come through me that I just n pigment was·· she could tm1dt it and itW!lllld ~ome off
21 23 on her hund. And !ltey cnme ovel' and tllcy tolll he!',
want to stay away. And-
24 Well, why did you touch it'! You !mow, we told you not
24 Q. When .. go ahead.
25 t& to touch it.
A. And I'll share with you that she -- in
,.
17 (Pages 62 to 65)
DepoTexasr Inc.
 Kenneth W. ttlorrison

66
And she said, I dm1't think you told me not
to touch It, Why can't 1 touch It?
And this was n day Inter, whlcll, with om•
limestone, you !mow, that's !lilt cllmmun. That's -l've
never hoord of that bef!ln~.
And they, youlmow, tried to tum il" to
her, that she had messed up her job and she was touching
it and she needed t(lleRvc it alone for six mon!lls,
And then - ynultnow, a little !'w1.zy. J.
lO tltinli.l toolt sontc notes mt a pnd, that site snld tbnt 10
ll lhe~ewas some other issue about tltc east stone p~rt of l1
1~ it b11t thllt they told Iter that tltey would come back u under my attorney's permission, and- bnt I can't
13 And they said that Justin showed up and - because I
1~
tried to describe him, and •• lind l think she remembered
1$ h!s name. And she said tltat IJC wasjnstreJ!l. 15
1G aggressive.
11 And she's a·· you len ow, a mom with a
18 little ldd there, and she said ~lle felt '\lery intimidated 10
by him !dUng her it w~s Iter fault and she shouldu' t h THE WlTNESS: Okay,
touch he1· :lireplac:e. And she had - oh, she had guests 20
coming In fot• Tllanksgiv!ng and that she was really upset 21
2Z with the whole sltuatlon, didn1t1mow wbat to do about
it, and BBB wasu't ta!ilng Iter c~mpl~lnt.
Q. (BY lvlR. NEELY) And you didn't tal'"e her case.
25 ·A. 'No. Absolntely not.
68
don't appre.ciate that
My question is: Wllnfs her name'/ This w~s
~-wry slgoillcunt event that happened three to :!bur
weeks ago--
5 ..
•' A. Ui~r!lulJ,
Q. :· nm! .sho 1/f.!lll very ttoubled, according to you,
Whnt ~ns !~;: ;]arne? You don;t even remember her-- not
the fll1lt name'/
A. No,
Q. Was it a long name? an unusual name?
A. t could :find tllat name for you, give lt to you
reeall it. I meet n lllt of peolllll all the time r;very
day, And I remember the things I need to remember, and
I forget tile things l don't need t() ifl'm not going t()
see Jllem agAin, And 1 t.lidn' t Ulillk that I Wi,IUid ste her
again.
MR. BU!\'DREN: jusi nnsw~r hls qu~stions•.
MR. BUNDREN; Okay.
A. I don't remember flu lllUll~.
MR. BUNDREN: You either recall orym1
don't <ecall, and t!mfs the answer, so just answer the
question. I~ •
A. I don't recall.

67 69
1 Q. Whnt wns her name? Q._ (BY MR NEELY) But you lmveit vaiiten down at
A. Like l said, .1. can finti itforyou, but I z the StoneCout offices.
purposely don't h1we it in the fop of my 111lnd beeansu I A. Yes, sir,
·want to -- I hate setting out - Q. All right That w~ three to fom weeks ago.
Q. You purposely blocked it :from your mind so you Let's call !hat Episode No. 1,
wouldn't tel! me'/ Have there been any more recent episodes
A. No, It was not my job to do thu !nvcstigatiou where a ProCal customer came and said that they wanted
1111d figure out who did tl!ls; but, you know, l thlut.rm you, StoneCoat, to do the job?
offering quite n bit tn wen fl!ll you what I'm tel!iug A, 1 canllonestly tell you tbnt I've hea1·d f1'om
10 yoq. 1o some other salespeople that there hnve been a couple of
11 Q. And I appreciate that. What I'm asklng you is; 11 other Instances,
1..2 ·what's her name, l2 Q. Okay,
13 A. I don't bave •• n 'A. Alld l don't know .their names,
14 Q. You told me you purposely blocked it so that u Q. \V!Iat salespeople told you?
15 you wouldn't be able to say it. 1s A. And ··l think it fu'nnels up Ill me ptobably
A. No, no, I~­ 16 through Rick when we're loo!dug at people who have
n Q. That means -- u called lu for leads.
18 (Simultaneous discussion inti:rnlpted ·by 1s· '· Q. ·o:Kny. Youmentio11~d though i.hatyouheltl'dit
reporter.) .. 1.9 from salespeople. Wlrlcll salespeople··
20 THE WiTNESS: Sor.y, 2 'o A. Well, the salespeople would tell ruck ana Rick
A. b•t me l'ephrase tl1at. I didn't go and get her Z1 1YOUld tell me.
infonnntion and bring it to this deposition to give.to n , , · .MR. BUNDREN: Okay. Ken, youneatilo slow
you to help you ht your·· the witch bunt. 23 down and let Mr. Sawyer --let him finish his question
Q, {BY MIL NEELY) Whnt lawyers do isn't a witc'h 21 befbre you try !\1 &!ll'lt !ll!Ewedng, okay?
hunt, so you've attacked me Jlersonall:y there, and 1 25 Q. (BYMR. NEELY} You have Mr. Gonzalez, you have

18 (Pages 66 to 69)
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 Kenneth W. f'.iorrlson

70 1 72
Mr,--
A. Golden.
I l Q. Are you going to the office all ofthooe days,
t<;pica!ly?
Q. -~Golden, and you have Kay!a. Are !here any A, I addressed t!mt em'liil!'. lt':s -- sometimes
4 other salesp!lople who you might be referenclng'l flmat the office for U straight hours nnd sometimes
5 A. Nn. 5 I'm tllere for five !lours or tlvo lwurs.
6 Q. Okay. So if .it's any salesperson, it's those Q, Do you work from home ever'i
'/ three .... A. Take phone callsJrllm home, People call me
(j
A. Uh-huh. wben l'm at my house. Tiley call me Rl! the time.
9 Q, ··and they would've talked to Rick, who Q. Okay, Who Rt StoneCoat uses a StoneCoat-iRsued
10 would've talked to yeu.. -·· lD,. '·:-'qQmj)lllt\1'? Mr. Morrison, r.wnnt .to a,~k you about
11 A. Yes. 11 StoneCoat's computers and !he people at StoneCoat w1w
Q, Okay. When was that? You said you've heru·d us<> them, Doe.slUok Adams use aStoneCoat-issued
it. So wbe.n was it? 13 computer?
A. Tllat's been over the past, let's say, six H A, Yeii,
montlls. 1-S -- - Q. 1s fh11t StoncCoat of'f'exas, LLC,nr StoneCoat
Q. Okay. Yon don't know the names of any of the l6 ofNorfh Dalla5,, or do you make no distim~tion there?
customers personally. 1'1 A. No distiuc!ion,
A. No,sir, lB Q. Does YJmber!y Kay use one?
Q. The Episode No. 1 was with a lady three to four lS A. Ye~.
weeks ago.
A. Yes,slr. I :~ Q, Does Ken Morrison use one'/
A. Yes.

~
Q. And you recall where she lived? Q. Does Sam Hance useom:;'l
A. It was in the Mefl•oplex. A. I don't thin!( so.

25
Q. Okay. But she was trying to fllc a complalnt
dwm in Houston? I Q. Does .Ruben Gonzalez use one?
A. Yes.

71 73
A. l'llli. tlh-lmh. Q. Does Eric Gold [slc} use one?
Q. Okay. A. .Eric has a deskto!l computet', and l believe l1e
A. rm sorry. I.11t rue ~or.rect that. She w.M !las a perso!:lll! lllptop that lte uses liS well.
trying to file 11 enmpllllnf here ln DAllas, and the only Q. Okay. Mr. GMza!w, i.'lhls a desktop or a
BBB she eo,uld find WllS the li61lSh:m p.la.:~,·and she nl!!d. -S,.· . ··laptop? "- •-
• f111:y we.re not going to atcepf her COIIliJialnt bet.ause it A, We gllve lllm a laptop, l'm !.rying to tllink if
7 ,l·aS fn ballas. ' 7 he and Erie share Ute d~sktop. fwmild need to check on
Q. Okay, Did you go to her house tn see the a tlmt,
probkJll she was talking about?
,. 9
,, . Q. Who got Ellis Merwor!h1s laptop1
A. No. 10 A. That's *"I belltvc Ws stm sitthtg in
Q, Sa she came in one dlly and met witll you mui J.l :Rick's oiiite,
left thai smne day, and lt was over and done with, as l~ Q, You mentloner! earlier you needed to give it to
fur as you were concerned in your life. 13 a new employee. l'm jm•t wondering who that new
A. Wcll, she bad c.1l!cd and tnll«al to som.:bod:{ H employee i.~.
before me, Kimbel'ly or lUck·- 15 A. Well, because it didn't have Outlook on it and
16 Q. Okay, 16 H was- all the good pleee .of software were all taken
A, •• aml !hey said, You can. ~ome in and $ff l{en. 11 off, I tb!alt they may h~ve gl·ven her lllmthcr one. And
And l! was ptt>bab!y 1111 nflenwon flH~Y !mew 1S I'm spe11king of Kelsey, wlliclt we gave a-sbe-1
I was going to be t!u;re, and , • , lS believe she's lt'li.ng ·-l'llllHI! sure what the name brand
Q. Okay. Is her name Don Henley? 2\l is. It's a wMte !apl.op.
A. Good question. No. 21 Q. Okay. Kelsey nses a white laptop issued by
Q. How many days ll week do you work, Mr, Morrison? '22 StoncCoRt
A. Six, 2J 'A. Yes.
Q. Mnrulay furough Saturd;~y'l 24. Q. H(m.• about Kayla?
A, Yes. 25 A. No.

·19 (Pages 70 to 73)

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 Kenneth W, fvlorrison

74 76
Q, .Eric uses a personal and a company laptop. 1 desktop?
Does anyone else use n penwm1 comp\ller ns prot of 1 A. H,e h~~ ll luptOfl.
their Job at StoucCoat? 3 Q. Do you recl!li his bta,'1d?
A. lUck wca --no,! don't believe so. ~ A. lfl told you,· I could be wrong, but,, ,
Q, Do you have a personlli and~ comtmny computer, 5 Q. You know what color lt is?
or do you just use one? 6 A. It's not a brlglit Mlor. It's probably a!:HH!t
A. 1 USIH)IlC, 1 the same.
Q, You use iliat for ymJt personal as we1l7 a Q. Okay,
9
A. }>retty much art lmsll1ess. I A. It's a conver!iblc,
10

l Q. 11 CQ!wertihlc," does that ~le3n, like, you can

.Q. Well, when yotl go hr®e at night and ypu want to 1{1

11 go log on to l'acebook, are yon using your v.~:.rk tmnputer, 11 ffip the screen arnund and it rums lnto a lablet1
12: or are you using your home w.mputer or what1 12 A. (M:ovlng hen.d up antl dnwn,}
A. I?acebuok is just my phone. u Q. Does yours do t\ral?
Q. Okay. You .. a! !IllY given point ut hmne when 14 MR. BUh'DREN; You need to awwer wlth
you need to do some wolk, you want to look at some H words.
finances or whatever for StnneCoat, sotnctb:ing comes up, 16 A. Yes.
Rick oal!s you, soo1e sil:mltion. Mise.~·· 11 Q. {BY MR. 'NEELY) Doos yours tum intrJ a tablet?
A. Phone, 18 A. Yes.
Q. You're dolllg allplioue'l H' Okay, How about Mr. Merworth's laptup? Did it
Q.
. . .!}.•. (M:oving lua(j up.nnd dqwn.) ao tum lnto a tablet?
Q. Olmy, StoneCoat •• ' 21 A. No,
A. We·· ycilh. We have a famlly wmput~1· that our 22 Q. Okay, How about Mr. Gonzale-z.? Is he a deskiop
.ldds and my wife use for everything. 23 ' ..or a laptop'I
Q. Do you ;u;e !bat computer1 24 A. You snltl Ruben's?
A. Rllrely unless I j11~t u~cd to ., I'm tuoldug nl 2S Q: Yes, .Jlntlon;

somethlngwlfh them or something, It's ditmg in the 1 A. Lllp!op. L!ltel :snid, Hhinkw<J may have-- he
family room. might be using the uesltb!p.
Q. Okay. Do you bring your work computer !lome Q. Is it fuir to s~y !hat yo11 commonly .. you and
with you? &fr. Adams, I suppose, commonly mfi.\r to ProCal amongst
A. Sometimes, smnetlmM not. your employ~es in derogatory tems?'.
6 Q. What kind of computer do yon have? A. I have fedlngs about them, and Xdon't think
f A. It's a laptop. that we -no one at the company really t.IISS«S. so I
s Q. It's alaptop? dot;~'tthinl; we're going lll'Clllnd cussing atmut thelll,
g
9 What kind of brand is it'l Q. Well, !'m not asking if you cuss about !hem.
Hi A• .It's £al!ed a-- 8tarfb with 1m "a," Asns m· 10 You've caliOO tllClll frau.dstcrs, you've called them
ll ll knockoffs,
Acer.
12 Q. What color is it? A. tlll·buh. Yes.
13 A, l.thinlc it's·· doesn't l~llve f! color•. I thlnlt Q. ls thnt a pretty CO!llm()ll1heme at the offioo, to
14 it's silver, black, .. ti:ash Pr~Cal Stone amongst yoursel~s'l
15. . .. . q, Is it silver or is it hlack'l MR. BUNDREN:.. Objection, fonn.
A. I thinl< it'~ silver. A. I'm nnt going to let y~>u: put words in my ml.lutl1.
Q. You use Jt every day, rigbt? J.? Q. {BY Mit NBELY) l'm not trying !o put word~ in
A. Yeah. I'm saying It's n<~t pink, It's not your mouth; I'm lzying to ask )lou, and you don't seem to
green, it's not blue. It's , , , undenrt:and the question. So ••
Q, Cuuri reporier's comput~r !s blJ~Ck, MR; BlJNDREN: Ob,,iecllon. Go tlhelld.
A, Right. Q. {BY JvlR. NBELY) Do you and your cowo.rkets at
Q, Is yours this color or is it silver? StoneCoa; routiw::!y use dlsparaglng words amongst e<¥~h
21 other about Pl:llCal Stone?
A. I think part of it's blaclt and pnrt of it's
silver, A. I believe that ~:a!Ung them an lmltalionand a
Q, Okay. lvk Adams, is he'' laptop or is he a lmotkofl' i3 .nt~t derngntClry beelluse tflllt's what they are.

20 (Pages 74 to 77)
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 Kenneth W, Morrison

78 80
Q. It maybe truthful !nyourmlnd, lmllt is A. If lt does. that's wild !he fad W()uld tmtlce It
der(>gattwy. sound to be,
A. I'm cnlilkd -· Q. 1don'i wnntask you lflt docs. J WMt to ask
lviR. B~'DREN: Vlhon, whoa, •,vhoa. Wait a you docs m Does it-·
5 minute. s ,. ,_ ,, . A1 Tt\nt's a ··somebody·· lf l WM tal !ring to you
Objection: atgmuenta!lve; tbnn of!he ·i and I tnid you the facts and l told youlhat !hey
7.. · •question.- lmoclled us off and tbey ;;(ole the business opp,or~unlty
Q, {BY l\-:lR, NEELY) In yom words, calling someone and you umlers!t)od all the £nets, you woulrl not see it
an imitator i.s not derogatory. as negative; you would - eouhl you see lt !IS n part of
1o A. Somu people say lmiia!lon is the highesl form to .•, f;ici,
11 of flatte1y. But when they're stcalh1g your business, 1l Q. You beliewi'roCal Stone is nknockoff,
12 it's not. 12 correCt?
D Q. Are you flattered by ProCal stone? A. Yes.
A. I said and sometimc1l.t's not, Q. And wlie.n you c.all ProCal St!lnc a lmoo1roff
lS Q, And speclfioaUy with respect to l'roCal Stone, amongst yow oowor:ken., you're iotood!.ng yow coworkers
are you flattered by the fact that you consider tl:l?tll an 16 to bavo a ncgatlw oploion off>roCill Stone.
imitator? n A. ff you say so.
A. Absolutely nut, l.$ Q, I don't want to sny ro. Let's Mswer !he
Q. Okuy. Knoc.\:off, iliat sounds demgatory. Do 19' question.
you consider it derogatory? 2ll When y<:.u !>ilk-
A, I consldel' it truthful. 21 MR. BtJNDREN: Objection .. objection
Q. Someone can be a jerk arullt can be !tuthH1l, 22 argumentative.
but it's also derogatory. Do you con~kler the word 23 Q. {BY 11R, NEELY) Wllen'yoh talk to Your coworkern
"knockoff'' derogatoly? 24 and you say, Dear coworker, ProCal Stone, what a
A, I have nn qualms with telling yt>ll lllnt I don't 25 Jmockoff, you mien cling aue8al:ivc cotwotation'?

!----------·--·~----------------· -----------~------·---

79
believe what they did was tight and that .. sn I dM't
·spealt tl.l -- almut them in flattering terms.
Q. It's a common theme at your o.ffice place til not
speak aboot 1'roCai -· ProCal in flattering Jerms.
A. I don't know what yoti me~n by ".theme," 'I've
.hnd -- !oak, l'm not going to have WIJl'dS put in my
7 mouth, It's n!Jt some theme; it's -everyone !mows !111~
story. Aml I'm ;>tu·c you tlon't even !mow the wbo!e
story. llut if you kn<:w the whole story, you'd
10 undentand.
11 Q. Okay. Let's go back t(l my question. The word
12 "knockoff," in your mind, is derogatory.
13 A. I think It's tl'utbful. l'.m not going to let
you put wot•i!s in my mouth.
Q. I'in not trying-- trJJ you what: You gi~·e me
the impression. Besides the word "truthful." when you
call someone a knockoff --no, llo. When you call PmCal
Stone a lmockoff, is that intendcU as a compliment to
l'tuCai Stone?
A, It's a fact.
Q. !s it considered a complin:rent'?
A. Of course 110t.
Q, Is it considered flattery?
A. No.
Q. Okay. Does it have a i1cga1ive cohnotation?
61
1 A. It's not a flattering one,
·Q. Islt a negative c:otmotatiM?
A. It's a faetunl statement. I'm not being;
objectionable; I'm telling ym.1 it's factual,
· : Q. Is it a negative· connotation? ·
A, Ifl wer? I'roCaf, I think It would be, ifl was
called ~ut for an arthm I did that was not right.
Q. Are you intending to imply a negative
connolation when you cafl l'roCal Stone a lmockoff'l
A. I'm intending to state a fact.
Q. Are you implying or stating that J>mCal Stone
12 being a k11ockoff ls negative?
A. What they did wns n egatlv~, y~s.
Q. Okay. And in your opinion, someone beL11g a
15 knockoft'is a negative !lllsertioh.
A. lt depends on the sltuuthm,
1l~ Q, Okay. How about the ProCal Stone situation?
lU ' A. That iS ll negative what Hu~y Old. I~ ~ther
19 sit-ullilons, a lmoclmffptubabiy i.t nut negative.
20 Q. Olmy. Okay. Who ls StoncCoat's Internet
21 service pmvtder?
22 A. AT&T,
. Q. Js there a specific divi~lon of AT&T that
ynu-aH cnntmc! with, or ls it just AT&T?
25 A. JustAT&T.

21 (Pages 7B to 81)
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 Kenneth w: Mo~·rlson
.-------------------·------·---:7~---___,.,-..·----------
82 84
L A. Not me.n;(lrlzcd.
Q. Okey. Whols yom home lnternet servko
provider? You petsonal!y. Q.Okay. D<:~youknowMr. Gouzaletscllilllumber?
J A. I don't lutow. l think it'.~ Time Vi'arner. 3 A,No.
Q, You positive about that ot •· Q.Do youlmow M.s. Kay's cell numlx:r'l
5 A. No, I'm not, 5 A.No.
Q. •• you're not sum'/ Q.Who is the IT person at StoneCoat? And l'm Mt
'7 A. I'm nat SUI'e, 7 necwsarily ffilmning (\ fonnal tiite: but who handle~
$ Q. Does yotlr wife handle that? mah1mlning the computer network, the servillfs'l
9 A. Yeah. A. Wt don't llnve Ql!e.
10, Q. Okay. Does anyone have rit S!oneCoat a 10 · Q. Vt11o doe<~ it?
11 StoncCoat-issued smrutphone •• i!'hone, Srunsung? J.'m n A. Noone.
ll" uslng the term "smm:tphone'' broadly. u Q. Whnt hap!iens if you l)eed lo up.date sofrwar'.i'l
u A. "\Vlmt do you m~an by "bsued"i 23 V.'ho doos that'l
).4
Q. Does anyone at S!oneCoat use a phone as part of H .A. Update softwnre. Uke, in the enSl! of li:l!l3's
lS thelr job that Is owned by StoneCoirt7. ~ lS:- &omplltet'l Kimberly wr.nt to Ofl!ceMnx nm1 bougllt anotlter
1ll A. r thlnl{ ll'l'eryom~ uses their StoneCoat phones 16 license for Mltt•osoft,
ll that we have and tJieh: ptwiwnal pbone,s, 17 Q. Do you have servers 'at StoneCoa!'s offices?
ill Q. Okay. "Tim SlmJCCoat phones if..at we have" ls a u A.No,
19 refurcnce to lllmllines or ls a reference to mobile 19 . Q. Do you t:nuw Vllmt a :rerver is?
20 phnne.q? &~ At Yit~ ,I nlNtlt..-~
l!1 A. Llmdlinl.\s. H Q, Dil you ~~~'II>~
22 Q. Okay. So there are StoneCoat landline.s, and 24 A., - we usc -. gnnheml.
23 then everyone who works !hero bas a personally owned ~5 Q. Do you have a room at S.toneCcat where yoll have
ad smmtphone? 24 all your compuler equipment mnning ynt1r Mtwork'l
25 A. \'es, zs A. Wt<ll, I tall~ that lmc!L Tltere Is n sewer tbllt

93 85
Q. StoneCcat dol;l,'ll't pmvlde them wiih a was usMI fcy~ tlit"t phone system, and I. bellcve tile
smartphone. 2 lnternet filii tl1rougb it, But itpnweil to be.M! very
:! A. No. 3 runetlonnl, and W'.lllnd turned it off to t•eplnee It and
Q. How about-- sorry. decided to go to a voice over IX>.
s MR. BUNDREN; I dldii't tiear your queslion. 5 Q, When was that deelswn made?
THE W.!'l'N1!SS; lsaid no. A, Olt, be pt•>b~blyrlght before this case was
7 Q. (BY MR. NEELY} \Vbnt about the salespeople\' Do 1 flle!l--
they get a StoueCoat smarlphone? a Q. You just switched -·
9 A. That's who I lltouglltynu were refct•ring to, A. -ll couple weeks,
l.Q Nu. 1.<1 · · Q. ·.. phonesyitems'?
lJ Q. Who owns your telephone, your sm!lrlphone'i 11 A. No, Actul\l!y, we're using a limdline tllr~>agh
12 A. l\Jysclf. 12 the service pl'ovlder A'l'&T, and we're- tlley'l'e looking
l3 Q, Rlok Ad runs owns his own? 13 at new pltonll providers, new voke over IP penple, to
H A. \'es, .JA rt;place !he exbting system,
t> Q. Okay. Who ptovldes your cell phone s<::vlcc on 15 ' Q. 'Ihc ~wisting' land!ines1
15 your phcm:? 1€ A. Yes,
n A. Sprint. 17 Q, Okay,
%3 Q. :fpcint? Jq A. And thahvns connected to a anhaie, youlwow,
19 Ym1 know who Rick Adruns usea? 1~ server,
10 A. No, but I could flu!l 011t. 20 Q, Is !hat server -·
21 Q. Do you know who Kbnberly Kay uses'/' 2t A. Tlnlt-
zz A. No. 22 Q l'm sorry. 1spoke --
1,3 Q. Do you know wl.Jo Mr. G<ild or Mr. Gooza!C't, llSe? 23 A. That routed !hi! phones and lhe Internet.
N A. No. 24 Q. Okay. ls llint s<Jrver still being used today?
an Q. Do ym1 know Me Oold':s cell number? :;:s A •. It's on, bu.twe'renot u.st.nglt,no. l'm

22 (Pages 82 to 85}
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 Kenneth W. l\1orrison

86 as
1 sorry. 1 Q. What's that?
2 Q. When did you stop using it? i A. No.
3 A. A month ag11. .3 Q. No.
Q. Okay. How often is Rlck Adams in the office?
5 A. And we'd unly used it fo1' 11 sllort periud of A. Eve1•y day including Saturday.
6 time. ·q. ·Does Rick ever go to job sites, OJ' ls he the
1 Q. All right. Does StoneCoat bave a computer office guy?
network where you oan all log on and pull up common .A. He gochri job sites.
Excel spreadsheets,. you can all be pull - ym1 know, Q. He goes to job sites.
10 i1nm different spots you can puU these things up and, 10 Eve1y vveek?
n like- 1.1 A. Yes.
12 A. Th~t·e b ll tlrlve that has pictures and things 12 Q. Does he go to more job sites than you do?
like th:~t that people eRn pull from. It's not a very lS A. Oh,yes.
complex one. And I don't believe that 1ve hnve used it Q. Lots more?
15 in probably six months. 1.5 A. Yes.
16 Q, There was a reference earlier to some lead 16 Q, What percentage of his time, generally
17 tracker, lead genel.".rtor software, vthatever, How docs 17 speaking, is he in the office versus at a job site?
19 everyone access that? 19 A. Perday'!
19 A. That's clnud-based. 19 · Q. ·Yes.
20 Q. It's all cloud. 20 A. Sixty-forty.
21 A. Yes. 21 Q. Sixty in the office or sixty on job sites?
Q. Okay. Is your netwm'k cloud-ba>o.ed, the whole 22 A. I was going to say some days it's probably
StoneCoat network? 23 flipped.
A. The nne tflllt l just referred to tlH'It we havM't . 21, Q. Okay. K'm.berly, though, she is in the office
used in six months? 25 9:00 to 5:00? Is that·· approximately?

l-----------------------------------~---~~----~--~-------------------------------
87 89
1 1 •' A. Yes.
Q. Iguessso.
2 A. It's wireless. Q, Is she there earlier than. 9:00 or , • , 'I
3 Q. It's wireless. A:She get:! thete probnbly nboutS:J!l, ~ o'doclr.
What do you w;e l'ight Mw? Q. Okay. Was she,~ pe1sonal fr)end .ofyours
5 A. Cloud-based. before she V."Orked there, or ltow'd ~he .,
Q. It's ~>It cloud based. A. I didn't know l!er,
A. Yeah. Q. You didn'!?
Q. Does AT&T provldc :that? A. (Moving h"ad side to side.)
9 A. No. Q, Okay, How how\! she come to work fur you ~s
lO 10 your asslstant?
Q. 'Who provides that?
u .A. Googlc. ll A, We had ll need and slle npplled fot•lt nnd gave
12 Q. Do you contract with Google to do that? 11s aresum~.
13 A. We pay tilem, I'm n!>t sure if it's 11 enntract. Q. Where did you ~dvertise tho ne~d?
It might be. A, I don't thiukwc did.lm advcdisement,'
15- Q. Yqu -·is it a monthly subscdptlon? Q. Where'd she show tlp lfom?
16 A; I belie-ve it co11ld be. We might pay six numtl!s A. Killlbel'ly wns worldng at another place mull was
17 at a time or a year in advance; but, ye.~. tlterc wlth my c.Jilldren mul wife. Aotl she was H retail
18 Q. Okay. Wlm handles that-· sal~person, and she s~emed Iil<e she had fl re~lly good
19 A. It's n subscription serVice, yes. 19 · ·· altitude and had nu accou!lliug backgmund. And sl•eltatl
;<o Q. Who hlllldles that at StoneCoat? jltst moved bad• to town from Jllmsion nnd 11umght site
21 A. I{imberly an'd1iid~ •. · ' wmt!d be a good m, and !io she went uiraug!1 the.
22 Q. Okay, Bow often is Kimberl;y in the office'? interview pl'ocess after tlmt. So I guess you cauld say
23 I recmlled her, but 1 didn't knew who she was
23 A. Every day,
2~ Q. Including Saturdays? befoteltalld.
25 A. NP. {Sotfo voce discnBsion betweer1 tile wit11es,;

23 (Pages 86 to 89)

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90
:md Mr. :Bmulrcu.)
Q, (BY }.fR NEELY) Do yo11 have the abilhy to log
into your StoneCoat network fmm your home via any t'yp6
oftechnology .. VPN, Ci!rix:, or nnythlng along those
lines?
A. You menu can I get c-mails? I get e-mails on
my plume.
Q. Okay. If you wet\J to plug your StoneCoat
laptop in and get nn the wireless n.;t<.vork at yom· home,
ean you get on the SemteCo!lt nehvcrk?
A. No, Iwt~lf:!'ll- no, I ilm:t1t -~I ~on't accus .
to
that network that I'm ,;cfcJ•riug beeaust~ it bas 11
lot-- most tn do with eustllll1<WS1 pictnrl}s, jobs,
Invoices, attadutlenls, things !ike that, whid1, you
lmuw, T'm deilliag with stuff like legal !l!ld ollwl'
things.
Q. Who lives ~-is there a --do yon have an
aparlment at 4900 Pear Ridge Ddve, Apartment llJ l 1?
A. Who is that?
Q. r don't know. I'm trying to figure out where
21 all you live, and that oame up. It may not he you.
A. No.
Q. Okay. What are the last fout· digits of your
oollnumber?
A. 1411.
92
A. If it doesn't get to kcn@stone~mtt.fnlll, I don't
geflt.
Q. Okay. Have you ever ~~d !he e"mni! address
pe!'li()l\IIHY lo •• thll c·mall address emiJW!"Orlh@gmail.oom
to send or receive any e.J'llaiM
;\• S!ll' !!tnt ~gail!.
Q. Huve yo11 personally or yon as a StoneCMt
revres~mtatlve -
A. Y<lnlt, sure.
Q -have you ever wed the e-mail addfl:lls
e-mail?
A. No. J - wllen Ellis left, as is wmm"n
procedur~ fur all the StoneCoat people who hnd 1111 e-~nail
that ldt, I have that L..mllll rorw~~rdc!l tumy
stimetnat.emnm• to ru.ek.
Q, And whutwru; lv'«. Menvorth's StoneCoat e·mai!1
A• .!tllls@ston~eol\t.wm.
.l:l
Q. And you- so yo.u ·wen! ll!l and fonvarded i! to
ketl@i;!ooe;;oal'l
A. \Vu stop it and forward it io llick or myself.
In that e~se, I funnrd it to me.
Q, V..11y'd yon decide to put it to you?
A. llecn1ue It was 11 little !lel'arimu at the time
1.5
that he left; nnd l had suspicions ufthlngs thilt l

91 93
Q. Okay, Whtt!'s yom• -~what .is ym1r e-mail WMa't ~ure !lbMt, so I thought it'd be het1e1' jtisi to
address, your StoneCoat e-lllllll address? lutve anyhody that would send him an e-mail come to me.
A. Ken@stonecollt.• com, Q. What·· what wme you suspidlltls about?
Q, Is Rick Adams' riek@stonecoat? A. 'fhat's getthJg into a lilt oftbings tbat--
A, Yes. Mlt BUNDREN: That's outside the scope of
Q..\\'hat's T(ay;;'l. this, !awsvit • ...
A, l<tmberly@stunecoat.eom. MR NEELY; I disagree,
Q. 11m sorry. Klmberty. · , Mit BUl'IDREhl:· Walt. We'.re not go.iugto go
9 What is Kelsey's? on e ffsll!ug txpeditlon. You're way outside llle scope.
10 A. Kelsey@iltoneeoat ..emn. See a pattern'! l've let. you go outside the scope a little bit, but
11 Q, Ruben@stonecoat? mro not going to get into ail tliat
12 A. Yes. lZ Q. (BY MR. NTIBLY) There was a -llu~re W!l!l a
13 Q. Eric@lltonecoat? customer oo1hpl~int submitted hy a guy worldng at
H A. Yes, H StoneCoat, cmer.vorth@grmill.com,
1S Q. Do ooy ofthe .. do any oftbe operations guys, .15 A. t bad 11 o con trul over that•
1\' the workforce, lhe guys who put on the -- who upply the 16 l'vffl BUNDREN: Yoalmow, you've asked about
1''1 product, do they have computers thanhey use? thllt. You omJ askJllitlsnlr.e questions &bout !hal But
A, Not to my lmowledge, M. we'n: not going to get into a1l the l'clalionship with
Q, Okay. Do you use a personal e-mall address? Ellis and aU !hut. U's ou!.(;ide the soope oftlris,
A, No. MR. NEELY: Well, Vt'e are, and! tmdersll!tld
2.1 Q. Eve1y e-mail y@ use Is r,ent to or from 21 that we'll defll with that, but -
StoneCoat •• your StoneCoat e-tnlli! address? M.R, BUNDREN: Well, were nnt --l'm golng
A. I've had penonni e·mails in the past; but; n11, to tell yon today were not going to go dawn that road
I don't use one. becam;e it's not pa.ttofyolirpleadings. i!'Sn<lfjwrt ,
Q. Okay. oftl!;;scopeoflhe order oris it part ofllie soo:peof

24 (Pages 90 to 93)
DepoT8Xas, 'Inc:·
 Kenneth W; Mot·ris'on

94 96
1 Ill~ pleadings. rve given you some leeway on some 1 A. 1 don't know if they were two m• tlu·ee weeks or
2 things, but we're not going to go down that road. ?.. fdur week~ ago, llut nothing ··like, fot example,
j
.MR. NEBLY: I disagree, bJ>t I'll move on. 3 olltlting pops out .in my hend In lhe pnst week nnd n ltnlf
1 Q. (BY :MR. NEELY) Doyouusean il'ad or asmari 4 m·the pasfl•ldnys,
5 ~
tablet, l guess, as .. your laptop, if you use one, is Q. (IlY~.4R.NEELY) Okay. IfHoldyouthat
6 that one? 5 them':; solncone who StoncCoat helped out with a bundled
1 A. Yeah. Yes. 7 ProCal Stone job, none come to mind for the last ..
8 g
Q. Okay. Are the StoneCoat computers ,t. A bundle? I'm sQn'y. J didn't get-·
9 password-protected? 9 Q, If I told you-- or ifi .had asked you whether
lO A. 1 think evct•y computer has a password to lag on lO or not j'ou recoil w!thln the last three to fuut weeks
11 to till) computer, 11 whether StoncCoat perJ.1)11lled work for a customer that had
:12 Q. If you lose or forgetyourp<:1ssword, I am 1~ previously l1ad work done by ProCul Stone that they were
l3 assuming that anyone witll an administrative privilege l3 tmhappy with, would you be able to have any recollection
lA can override that password? 14 of that episode occurring?
15 A. I would assume so, altlumgh I think we bav~> a 15 A. No, because I've shat·ed -l·don't thlnkwe'vc
16 list of all the p~sswurds. .Hi done lillY job that ProCal liM done.
l:l Q, Where do youtnainmfn the list ofpam;words7 r/ Q. Okay. Do you know lillY person named Don Henley?
18 A. Well, it's not Kimberly, per se, but it's in 18 A, Tlu: lend singcrflll' the Eagles,
19 her administrative o:Wce. 19 Q. You know of that perron; yov don't·· do you
20 Q: Like, on a. piece of paper'/ . . .. ~() . ~now hil:n personally?·
2l A, I'm -l believe it's pNbably written down as 21 A, No.
22· ·well as maybe in a word do.c; , •' 22 Q. Is anyone in discmisiohs wllh yoll or Mr. Hance
23 Q. Okay. I'm going to try to do this •• go back 23 or anyone else about becoming a :frmmhlsee or investor
24 and do something quickly, and I'm hopeful we can do it. 2~ in Ston~Coat named Don Henley?
25 Them was a lady who came in three to fuur 25 ·A. No, sir.
~
~~---·..,,__.,~.,.,----
~--~·-

95 97
J weeks ago who said that StoneCoat dld a bad job. l Q. Okay. Jn your mind, every Don Henley is a
2 A, No, ProCl\1 did a bad job, 2 total stranger to you.
3 Q. I'm sorry, 3 A. Yes.
4. Ml'. Morrison, three or :fuur weeks ago, a 4 Q. Okay.
5 lady came in and. s-<tid ProCal Stone did a bad job. Do s MR. BUNDREN: Can we take M.olher •• are
G you have at\y recollection of anyone more recently coming 5 yottat a place where we can tako another short break?
7 in ood saying, ProCul did a bad job; 1 want StoheCoat'1 1 MR. NEELY: Yeah. Sure.
8 A, The best that I clllt tell yuu is th~t 1 think a (A break was taken from4: 13 p.m. to
9 I 1n htltrd uf ··I don't lmow ifthey came In ol' If it 9 4:27p.m.)
10 was on a call or a lead call or something like that, bot · u ·Q. (BY MR NEEL'?) Mr. Mmnson.lms'StoneCoat or
11 I've·· I hear, because l don't go on the calls and I 11 any of the StoneCoat entities retained the service.~ of
l2 dun't know all the customers and stuff we do anymcm; 12 anyone, person or an ont!ly, to ··who is tasked with
13 but 1 do know that there wa.~- there's been otl;er n submitting customer reviews about StoneCoa!?
H complaints that·· and I'm- and I'm trying to heip H
A. Submitting ~ustmne1' reviews.
15 you, I don't lmow if tl:wac wel'e ones where tbey Wel'e in 15. •· Q. Huv<: yonretained any sort of--
15 the bid process ot• they .. they hall done, Tlils one WftS 16 A, No.
17' · illgultkint because tile job 1Yas'cntlrdy'c6mplelcd. · 1'1 Q... company that ;,'Wliosejob is' to· go out and
18 Q. And the ·-were any of these rumors you've 18 submit reviews --
:1,9 heard or grurob!ings within fue last two to truee weeks? 19 ~.No.
20 A, I could ulc everybody at the c~tmpany Mid uud 20 Q. .: and get publicity for Shl!;eCoat7
21 out wllllt the time frame w9s, 21 A, .No one, ,<

2Z MR. BUNDREN: He's asking you •• 12 Q. Have you retained anyone who was tasked >Vith
23 Q. (BY MR. NEELY) rm us.kingyon·· 23 submitting reviews about I'roCul Stone?
14 fi.:!R. BUNDHEN: --he's asklngyou what you 24 A. No.
~5
25 recall today. Q. Vlhen StoneCoat receives Better Business

25 (Pages 94 to 97)
DepoTexas, Inc.
 _ Kenneth W.Morrison

100
reviews, who at StnneCoat <ecelvc.~ the e--mall'l reviews that are on that Web site i'eilontly?-
A. Lllre, from our atcuunt ·- :a A. r don't know.
Q, Yeah, 3 Q. How about the StuneCoat franchise Web site'l
j
A. -11! thellei!cl' Business Bureau? 4 When·· who~e --who ls in obarge of putting customer
5 Q. Yeah. 5 reviews, testimonials, etc., on that oue'l
6 A. I think they--. tltc Felter illlRlnt<illllnl'~'m l!tW-_ 6 -·,- , Al Thesame'guy.
7 ;;;I! three e-malls, wltidl ts Rlek, myNell', and Q. Okay, So Gaty -· or not Gary·-
a· !i.:imberly's. -- • B A~ lVIike>t .~
9 Q. Kimberly has been here for three to fuur 9 Q, Guy named Mike_, he would get a cat! from you
months. When did- when did you-ull provide the Better 10 !r•l)'S and, Hey, put this up, 1:!-nd he'll do lt?
Bush1ess Buteau with your three e-mails? 11 A. if we did that, yeah.
A. Well, Kimberly's cmues ln ns Kimberly, and 12 Q. O~ay.
!ltcr~'s one fur :ulmin@stonecoat.cnm, And we're tylug to 13 A. We--
H Q. You did it once and that's sort ofit.
pl1a1re it outbec~use that's-· is ust<d by somebildy
15 15 A. That's probably something we're lncldng in is
l'roCi\1 tool<, so I ended up just using- told Kimbu·ty,
io L~avc it Kimberly,
16 posting.
17 Q, Okay. rrn going to go into Mr. Merworth now,
17 Q1 So udmin@stonecoat, is that an e--nlaii you nll
LB and I'm going to try to be respectful of our
receive, you, Rick and Kimberly?
19 A, It goes to- it's f'orwarded to disagreement, and so I'm going to try to do it without
20 20 getting deep into things you don't want to talk about,
ldmherly@stonccoat.c{)m,
21 !vir, Merworth carne to you in- I\.fr, Mlrwhth
Q. J see, So did th~1l3c\t(}r Business Bureau haWl
22 admin@stoneeoat oo file, or do they have- 22 used to be a·· was, at one point, a SloneCoat customer?
23 A. Yes.
A. Yes.
Q, -·do they have kin:.@stonenoaton file? · Q. Okay. And in-~ sometitne'in August or
25 25 September, di.d he come to you interested in a ftanchlse
A. Aumln.

1-------------------------------------+-------------------------------------l
99 101
1 Q. Okay. What about for Goog1e reviews? Whe-n l -. Or a equity invcstme'nt o1' wmething? -
2 A. Both, yes.
2 Google -- yuu get a Google review, who gets the notlce
j · 'hum ·aobgle reviews? ' s Q. Okay. Would.. ·•
4 A. He wanted to bt involved,
4 A. 1 have no idea. I don't know that we even have
Google reviews. ,, 5 . Q, Okay. ·was that- do you tecaU what morith it
6 Q, Okay, Wha maintains the stoneCoatWob site? 6 -· Was? - -
'1 A. No,
7 Like, when you put up a·- your StoneCoat Web site, it's
6 got all the pictures and fue copy and the customer l
3 Q. Okay. WM lt summer or fall?

lQ
9 l"eviews, etc. Who docs all that'l
A. Ther\l'S 11 guy named l'vfilw,
"
J.O
A. Sommer. Summer,
Q. You aud Mr. Menvorth enrered into negotiations
11 ll about his investment in SroneCoat
Q. He's like a Web site guy?
12 12 A. Tllat's not exactly how it all happened.
A, Yeah.
13 Q. Okay. 13 Q. Tell me broadly how rm inaecumte.
14 A. Mil<e the Web site guy. l4 A. I came in on a Satul'day one t!me Md l1e WllS
lfi . siltiug iulltcre wttb Rick and Sam,. I didn't know w!w
15 -Q. B11t Mike -Mike doesn't krtow anyth.ing about-
16 H he was. He was tallting about wautirlg to become a
personally about.any of this. So wltenyou put the stm-y
n about Ken Marrison dlsc.overs limestone in Europe, etc., 1? fJ•nJlchis1! owner, l gness he lmd been tAlldng to Sam
la on the Web site, who came up with all that copy? 1a about Houston, nnd I was Juod of in and out. 1 spoke to
l9 A. When we d.id the Web site, I'm sure ii was a 19 ltlni l!l'ieily, and -and tit en Heft . . · ,-
20 combination of all of us. You !mow, when we-- you '20 And I found out latu thnt lte nas n
21 S!ontCoat customer bee11uile 1 dldn't know, l didn't ltnow
Z1 l1now, it was 11 long time ago,
22 who be was. Rick told me that he-- he I! ad l!aill!is
22 Q. Okay, Have yon rec.ently changed any ofthe
23 Z3 house done n year befute.
copy on your Web slle?
2! A. A year and a halt' ago we changed tuc the.me. 24· ·~ Q, Thiltwasyuu1"r:t1fst nle~tiug,withhim~ correct'?
._., Q. Okay. Have yon changed any of the customer 2S ;\, My first knnwkdg~ of him,

26 (Pages 98 to 101)
DepoTexas, Inc.
 Kenneth W. Morrison

102 104
l Q. Fiu:t k11owlcdge of h.im. l uti wanted ttl be a 1111rl of StoneCoat, and ~o that's why
7. Subsequently, though, he became someone you 2 l don•t !mow ill~ schedule loo milch 1md oo nne rlietnted
J did know, 3 it, Ilut I would proba b!y say It wa~ tlwee monllls maybe.
4 4
A. Yeah, I g!l! to know who he was. Q. Okay. Wa'>-
5 Q. Okay. And Mr.. Menvorth, ilt one espaclty or 5 A. If fiHI tuld me !t WIIS two ond a ll:1l!', you told
l) another, began to work !It StoneCoat.• perfmm work for 6 me It was .. that's a close eno11gb range,
7 StoueCoat. 7 Q, Okay. Washepnid?
!l ·A. He rlid- be did tllings f"rSioneCont, yeah. a A. No.
g
j)
Q. Okay. .ln fac~ he had au office there, Q, Just voltm!eer ••
10 A. He tm>k ·-he sat ill an empty offlt:e that we 10 MR. BUNDREN: l'm Sofl)'. I couldn't he!ll
11 lm(l there. 1l

12 Q. And you gave him a laptop. l? THE WITNESS: No.

lJ A. Yes. 1:! Q. {BY MR. NEELY) WllJi. he just voltmreeri:ng
H 1~
Q. And you gave him a S!oneCoat e-mail address. because he Wll1i.mterested7
15 A.Yu. 15 A, Yes.
l6 Q. And Mr. Merworth would do ~k tbr: you? H .. Q. O](ay. Durlpg this lime, is it fulr to say that
1? A. He ran a lot of things: Ile would go to a job rr . be was negotiatlog with )'1:1U to become ll.llinvestor?
le. site; helped- went on soJnc.~alcscalls with Rick; sal H A. .He wanted ttl - r,ts. He wanted to get .
l9 in on meetings, things llln'i ihat. 19 involved, wllntcver that meant, franchise or investment
20 Q, Was he there six days 11 week like you? 20 or something,
2).
A. No. No. i!l ,• ' · Q. And did you want hirulo become an investor or a
a:l Q. No? 2~
franchisee?
2:> How many days a week was he at lhe oftlce'/ ~3
A; lJI!.iru.Ut~ly, the outwrue sltuws that I rlld not,
Z.J A. I can't l'r.mcmber euctiy, 1 mean,, maybe three. 24 because t cho.~e nllt to give llim the paperworlt or accept
~5 Sometimes it mlgbt have-- he might have been there :as his money,

103
everyday.
Q. Say fuat - l'm oorry.
J A, Sometinm he might have he'l\11 there cn;ry day.
4 He had so.me b1tck issues and It ad a lnt nt thlt1gs that he
5 had to do persolllllly, so 110 rme really moniioted lJ.im,
Q. You gave him a key. , ,
k I dhln'tgive him !!key,
Q. Who gave him a key?
A. Somebl1dy --somebody gave IJ!m a key. He
ei!ha -lie got lt frum somebody, 1 don't lmow who.
Q. Okay. Someone at StoueCoat, .though, dk! give
him a key, lllld you didn't·· you guys didn't call the
copswhenho'duseit.
H A. 1 didn't IUJUW l!c lmd onn till he left,
1S Q. Okay. Would he work Saturdays'/
A. I don't think so.
1',! Q. Okay, During this .. how long dld he work
there1 From the- .from fue time you-· he .. you met
!lim at that first mezt!ng and the11 he left on a Mondll}'
ln Oatobet, was that -was he there kind of 1hree day8
21 n week to fulHlme weekly?
A. Well, the term ''worl!'' I alWl!j'S think of M
someone ~llntrolling !hem, telling them what to do and
they work for somebody, and I never felt that way about
2S him, He 'il'lU !here and wanted to be a part ofeverytl!lng
105
(Exhlblt4 m1ll'ked.}
Q" (BY MR. NilELY) Okay" l.ei me show you what has
been i?arked aq Exhibit No. 4. Mr. Morrison, I am.
•
;
showing you what h!IS beet~ marked ss Exhibit No. 4. This
is !! ropy of tlle Better Business Bure® complaint
.. l>llQmi!!:ed under emen>i!llth@gmail.rom. Have you·seen !!tis
7 page before?
a A. No. l..et me- in light of your exhibit, yes,
9 Q. Todny ls the first day you're sedng ihis7
1D A No, No, l'w seen this before.
11 , , Q..Okay, Whoo did you see tl1!s?
12 A, J. first 1\eutd about It wht,n, I. believe, lUck ur
n Vance or Mr. Bundrcu ttild mj! thnt EUfs hnd been Sited.
l4 And so I don't tlllnk Xeven botlleJ·td to look at It then.
15 And so I llllnl£ the first time lt!C!mllly n~nd it nnd
16 •'' looked at!t will! any Intent was when it Involved us,
when ym1 sued us.
Q.· Mr. Morrl~bn; ·this: t'Ompla!nt was submitted on
October 1st, 20 !6. I:~lt correct thm on
Sepremoor 30th, thtt day beof«e, or on Ot'iober l st you
sent an e~mal! to Mr•.Merwoctll at:cw;lng Jilin of a lot of
lerrible things?
A. No. I don't ftelllk<~tl nnt 111m any Ml!llll
that accnsed him of anylhlng terrible.
Q, Do yon admit that )'Ott sent Mr. Merworth llll

27 (Paqea 102 to 105)

DepoTexas, Inc. ·
 Kenneth W. Morrison

106 108
l e-mail on September 30, 2016? l don't !lave nceess t<) ll<i# ~:-nmll, obviously,
2 A. I dM't Itnow thr' date, hut I _sen! ltim}<n tHn~Ji z .. "' . Q. Ar•tyon aayJng.lhat you never e:n1nlled this
J
J cwtr a weekend, or responded to nn !Nllllilthllt hf dld, j;
e-mail address with Mr, Merworth?
4 Aml I felt like it was rather hmocunus, and he took it. 1 A. J'm nylng l don't lmmY lfl did ot· not And
5 pusonal; nml to ml!, tltat .. I wus very sut·prlsnd, und 5 if 1 dld, ltwus .mnyhe when l fin;t me! llim until he gt;t
~ thcnl didn'trespond bacl>, ' a StonjlCoat lHnuil,
1 Q. Did you use curse words In your e-n\ail7 1 .
• Q. Okay. Wus the •·mail you sent him tbathe was
a A. No. l don't Clll'S<J. B Upliet at, was it dealing with StoneCoat business, or was
~ Q. As a result oft':te e-mail you sent, was lt a .. !I it de!illng \vltll'u ~:is~tmi mattei?
10 . was the e-mail that ~e took offtmse at Sepiemher 30th or 10 A. No. It w~s Slm1eCout
1l
t2
October Jst?
A. I can iirtd out. It was a Satvrdlly, 1 tll!nk.
! 1l
! :.1,2
' ""~ '
Q. Okay, Do yon rwall Mr. Mem>orth Qoming back
lo !he. office alter this .. Is Jt lair to say it \'I!IS a
1:1 Q, Well, I've asked ym1 10 pradw::e that c·maH and l n blow-up between the hl'"cl of you?
M you've refused to do so, so 1 don't have any way to H A I didu't thlnkit <VM al!low-up; I I!Jouglli it
n know. What I'd like to know, the day thai. ML Merworth 13 WliS ja~t sert of ll failure m, y/JII kll!lw, tmmeel. Over

I
H was offended at something you told hirnln an e-mail, l'd 1."6 lime, It hlnll onmilt up where I just tea!IZJ:d I
n li.!(c - l'd like to know the da!e, ::.1 didn't- it wasn't going lo lien tli, Ami $!IIller• was
lfl A. Olmy. :w no blow-up in my mind,
l.9 Q. But Yl)U admit !hat you did send an e-mrul on a .15
1 I wns -· I tbinlt l!e nllly hnve fdt scmewh11t
N Saturday !hat he was upset about 2~
rejetteu. And llie lttst thn~ l it~!l sec~ hlu1ln'pcr~on,
H A. Could have been on a :Friday or a Saturday, or n he had asked me wlty l wnsn't sending itlm h1formation nnd
2:2 it cuu!d have been iln 11 Sund:~y, At the llmc, ljust 2::2: the doeumeuls to any !dud of o!'fcr lllld why l wrun't
23 remember tltblldng It was ridiculous, mullt wu, fn my Z3 aeeepling Ilia ehtr.l411ll!l I just -lt wus awkward.
2( sense, a normal commuulcntlou, and he got bent out q.f 21 Q, Pid he glw you n eheok7
25 shape. Antll thought maybe lte ha;l too mnny O}t ll -zo.· ''A. No:
-..--......-.--r~~--.......,._.._~~~--~-- ~
-~- _,
107 109
J. wed<end, tnt>!: It wrong, and be wroill bad1 some blg rant, 1 Q, Okay.
2 and tl!atwas it. 2 A. ·Jwllllldn'iaecepl<lnt.
3 Q. And !hen tire fo!lowbg Monday ire came in ood J Q. He was eying ..
•
5
quit 4

5
A, Ht llfl'ered•
A. It could've !Jeen the next Momlny nfler that, Q, .. to give yo\t a check. and you wou!dli't 1nke
~ too, l'm notsure. I need ro el!etlt with Riel!, betnuse • II?
1 I remember tllin.!thlg it -·he just klml otwent sileni 7 A. He t~;ld me It WliS ln !tis bad~: poc!ltt,
a for a lime bit, e Q. Yon we11.1 asking hlm fot mooey ami he suirl, I
~
Q. So for three months he was !here worki.ng for 9 have themonl;oy-
10 you. Ttmderstand he may not have been pa!d, hut :for 10 A, I W!!Sil1t asklugfm• llHlll!l)l.
H three months: be was there negotiating !o invest and u Q. -·but I need a contrnel?
12 perfunnlng work for StuoeCoat. T!ren you sent l\lm nn H A. 1 wasn't asklng for l'l!Oney. Uc h~il nslted me for
~~
13 e-mrulhe was offended at, and sh()r!ly thereafter, tllcpaperwol'l<, 111\d lte tell! me Hte clteckwas in his hack
14 either that Monday or the next Monday, heW~> gome. l4 pocket. And llke 1 SR!il, it Wfls 1m awkwal'd sltuatiJ!Il·
lll A. r would need lo d1eck my tlmellne when he sent lS Q. And WIIS your e-mail almulthe fwl tlm! you
16 tills or if he did send !!lis, whatever. l!llc!l!l1 it says H wouldn't accept his money, ()!'was it about smnethiug
n his !\·mail onln,re. Sol didn't know $!bout this until ~· else?
lll after he - I heard he Wl!S sued, 111 A. n was, I t.hongl!t, Vtl')' llllllltllUIIS about giving
!
19 Q. And this was M e-mail address that you had B us some lniommllon en 11 cnstomtr. And jl!)l! !mow, I may
2-U e-mail~.i hook and f<xth wi!h hlm before, lhssuni»'l. ~..!;,· .. ·havebett; ~tlllile bit more dh'ed or bluntiu the
n A. 1 re~!Iy let Riel< handle •• nnd Sam h!llHile the u £•mrtil t<l ij!ly, you kMW, Y1111 ll~i!ld to a:ifl thl$1n
;12 beglrmhig parts. Aud wlum he wanted tc come Olllllld 2! S!HI.ltd-so; this Is not yuur customw, rtm.llldsls
;<:!
siart hanging out and mtderslt~ndlng StoneCoat mort, J -- u SO!tletlling that .. )'011 knoW, fills {!CI'SOII tillll.l i:tJ off of
Z1 z~
that's wltelll gave him el!is@smnetoat. 1 tlllnk bti:Ote this, or sometlliug hmotuous,
;!'~ that.,. I dou't lmmv lfl l1ad his t-~m!ll <lf not, 1 25 And after ul!w.r pMplc had read it, they

28 (Pages 106 to 109}

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 Kenneth W. Morrison

110 112
said, I don't understand what happened, why he blew up. thls, do you have any mason to disagree?
Q. Who else rend it? A, Dol-- walt, What'd youuy? lllle --
A. Rick. Ami I !llink be copied Sam wd .copied Q. Mr. Merworth denies sending it. Do you doubt
Hussand.,, Ills credibility .in that respect?
Q. Aiter -- ymtve called it inno~'UDUS, but A. Well, I tllinklt's just·· probably
6 Mr. Menvorth didn'ttbluklt was innocuous. conventional wisdom would say th!lt If it Ml!le from his
7 A. That's what you're saying. I would nssume !llllt c-~"i!, ldM person!ll c·mnil that he used at lloine or
nr a. bdldup of ferJlng like he was llehlg, l gueu, not wh~tever, that it was·· probahly l:ame frontlbilt e·mnll,
accepted. I mean, l!eeplng it somewhat commomensiclll,
10 Q. You said tlmtyou thought maybe he'd cwn been 10 Q. Js Mr. Merworth kno~ in your mind as someone
11 drinking and just fired off a rllll1bling r~on.~ ~tat who is dishonest?
12 WOO, I rumume -· 12 · .•;t A~- i aon•t imQ~-l~im 1'et'Y ·,veU.
11 A, I !lrm'tmenn that in nnys01:tofdisparngcment Q. Well, be worked f9r you for three tnontlm, four
14 toward hlm; I just mem that sometimes when sameoM months, recently.
15 writes 1m e-mallln the middle of U1e night you regret 15 A, I lmew hlrn enough tn !mow that the person,illty
1S it tlte next day, types dl~n'tiit with our c!lnlpany. And I almost
17 Q. Okay. After the e-mail that you sent, after purposely didn't go to work sometimes because I tlwnght
18 his response, did he come back to the office to do any he might be tnu~, :iud 1 just dldn'hYRntto be nround
more work? him,
zo A. I !lever saw liim ngain. ·Q, Wliat was tho :: what was V,rong vvilh the guy'/
Q. Okay. Other-- did yon see him when he came in 2l A. lie's kind of a eranlty older guy.
22 v.itb Iris so11 to gather his things? Q. Okay. I've spoken to )lim on the relephone, !Ie
A, No, sk. I didn't even know he had « sou. seems like 11 pretty aff.~ble guy.
Q. Okay. You weren't-- so you weren't there the Was the complrunt you had about him 'his
day that he left, that he came, got some stuff at integrity or his honesty, or W!\.3 it just that.he was a

111 H3
StoneCoat, and !eft. crarkJ old dude?
2 A. No, l wasn't. Mlt BUNDREN: Hold it.
3 Q. And are you --I've suggested that that day Objection to sidebar collll:llent; objection to
was-- fonn of the qt1estion.
5 A. Well, you said was I at tlte office, 1 came to Q. {BY lvlR. NEELY) Mr. :Morrison, was your
6 the oftlce, and Riddl!ul .said, Well, ,El!is just ~:a me iiJ, . (Xlmp!ains about 1-11;. Merw01.1htbat ]J;e was somehow lacking
7 Q. Okay, And then h~ said Ellis came in and !be1i . in integrity, or was it simply that your personal)!ies
6, E1lls left? a didn'tjlve7 ..
g
9 A. He silid dropped bffhis laptop nnd the ltey, A. It Wi\S not my pel'sonnlity. Iliad very rn11.ny
lO Thanvas the extent ofit, And I went on with my day. 10 pleasant personal cmrversnlionnvlth Ellis In the
Q. And by "dropped off hls laptop," you mean that beginning, lie seeme!lllke, as you said •• you used the
l2 he went in and gave it to Rick aud walked out. 12 word Hafl'able." I jost thought he scem~d like anally
13 A. Yes,sir. nice guy whu<wmtted to be a pmt of StoocCoat, .!Jut
H Q. You don't lwow that his laptop wusn't sitting there were tl!lngs that ll2d come up there In tltc oftlce
15 in the office he was using 15 and US things came aio~g thAt Justs]lOWed lllmlof l!
16 A. I have no ltlea. 16 little bit of mtother sldt to him tltatjust were-- was
17 Q. I filed on b~half ofProCal Stone a Rule 202 n ldnd of untenable.
petition trying tfr investigate 'tvfr. Merworth's Better lS Q. Explain. I'm trying to figure out what about
Business Bureau complaint, and I called :Mr. Merworth, 19 hls personality ·-what was ootenlible, showed his oilier
and he said that he has no idea or any recdleotlol\ of 20 side? What was lt?
submitting this complaint. A. \Vel!, there·- and I don't want tn 'be
A. Interesting. di!;parllglng to him, 1 know he lmd ~- he was ~nder aomu
MR. J31JNDREN: It's not a question. \Vait aurgery stuff aod lte was 1~klng some pnln pills, and l'm
24 for a question, not trying to mal1c excuses for him; but over time, otllel'
25 Q. (BY MR. NEELY) If Mr. Menvmth denies sending people :!11 the company would eom e to me lllld tell me tit at

29 (Pages 110 to 113}

DepoTexas,·Inc:·
 Kenneth W. J'vlorrlson
,, ,, . ~. '·.
: 11'4 116
1 Iii was talldng had Jtbtlllt lww ll•ecoropnny 1vas rlinund bo~v 1 A. Did this one s~y tl;at they'i:J rlonc n Job? I
2 he just 11ecded !11 tun ~>Vtl"ytl!lng ~ud tlmt" you know, :l meau, 1 lmd nothing to do with it or no lmowletlge that
3 bad ~mmcnls nbout evwythlng, you know, nt the sam;; 3 bp did anything Uke this, and it's all been a little
1 lim~, wMicd to be a part of it, 4 bit of a iliystery on Ellis. I bel.ieve that- tltn! he
s And tlten there were ~orne times where, yim • may !}ave hecnspcaldng tnl'roCa! Stone at some point
• !uww, one person snid tll~t he had dropped a lnrne}) of • bc.fore or after. I don't lmow. It's all speculation.
~ f-bombs ~ad got mad about. Si>m<,tlilng ll!ld lmoe!wd ove•· 7 Q. \Vhy do you say that? -Why was Mr. Merworth ••
• something, likll Rfliclure, ~nd it brolre, and stormed off g
you just said, l beli<Ne Mr. Mcrworlh was spe~klng to
s l'lngry. And tbere "'ere j1rs! !!lings 111m lh~t that ,imt, 9 ProCalStone.
10 yon !mow, didn't seem like-- youlmow, on tlie other 10 A. I said be could have.
1l side, if samtbwJy's J:lllrl of 11 company, it'.~ a lot harde\' 11 Q. \Vhy would he sub:mit n bad revie;w about Pro Cal
12 to denl with then than it is befort, .l2 Stone ifhe's speaking witlt ihem?
u 13 A. I h11Ve no idea.
Q. Tho complaint. reads: "l'roCal Stone.Desigp1,
H Q. Okay, You jus! said, 1think that Mr. Merworth
14 LLC," ~11d ifs submitted to !he Better Buslnesa Bureau
15 of Houston on October lst; 2016. 15 was speaking with ProCal Stone before thls, What gives
lG 15 you that impression?
To your knowledge, did Mr. Merworth and you
17 ever discuss ProCat Stone's Houston office? 11
A. necnuse it sr.emed llke there WliS ~ometlllng
l~
tS Jl., No. in ··that be had-- he had shared with -let me think.
19 Q. T'ne text o£ thls says: "Do not recommend. 19
W~s it with you? Or you had Said something that·· to
20 somebody through the11itorneys lll' smuething where I
20 'This compnny is an imitator. They have not been in
21 fl!ought, How would .. how would they !mow that If they
21 business fo; 17 year~ as P.Wfussod. Inferior produ~t ,.
•• Won't adbi:re, wDn't last,"
21 ' 'li'ruln'tspoken to Ellls? And apparently, from tllb
23 .. To your knowledge, does,lvfr._Merwpqhhave 23 r
dtpijsltion, you Sl!id yo~, ~ad, SO J,;UeSS l'm pretty
24 Intuitive.
~4 any under~tanding or knowledge ofl'roCal Stone Desigttl,
2:. Q. 1t snoods like you're making it up.
2S U.C's product or business or quality?

115 117
1 A. I tllinlt he's probably -·l can't get into llis 1 A. No.
2 head, but if he's referring tu •• 2 Q, I've never heard the name Ellis Merworth before
3 MR. BUNDREN: Don't speoulate. Answer wlu!t J I got a call :from my client that this e-mail address had
~ you know, 4 been submitted --u.wd to submit. Never heard it before
5 A. lle !mows that- he !mows when they opened up. $ in my lifu;.
6 He !mows !bey weren't 17 years ln business. He knows • A, Ub-ltuh,
? that they'd only been In business one year, to pl'ofeiss 1 Q, And th1s is the very day that he told you to
u that they'd bl!en in business 17 years, and I guess the a hit lhe l'oad yourself. And he never came back. You
9 l'Cstls an opinion, lle !mows they leamcd about it from 9 to1d me, I think Mr. Mo1worth W!IS speaking with ProCa1
ifi us, so if it's·· he sald it was an imltai01', tlwn -·he 10 Stone at the time.
11 lmuws that John l'rofanehlk and l'roCal came tu 011r ll MR. BUNDREN: Objection, form.,,.
12 uffiees to Jearn the entire business model before 12 'Q, (BY MR. NEE'LY} Why do ycm think that?
n lenvlng and slart1ng their wmpetlog company, so I could 13: lVIR. BUNDREN; Objection, statement;
14 see why he would write some of the stuff~~~ dld, if he 14 objection, iroproper question.
lS wrote this. But-- 15 Q. (BY MR. NEELY) 'fell me why you said to me that
10 Q, (BYMR, NEELY)Well-· _ 16 you thin!~ maybe h!' was talJdng to ProCal Stone befote
"
1? A. ··I had no lmowlcdge of lt, 17 submitting this.
lS Q. Why·- 19 A, )kcau;l'e he lmew lthont I'roCalStonc. Ue told me
19 A. I don't understand why he won!d, 19 thnt he had driven ow.r tltere and seen their locatk;n
20 Q, Why, in your mind, on the day he's mad at ym1, zo once before, and 1 didn't lmow that. And something lind
21 would he go on the Better Business Bureau ofHoustou and 21 ;;ome uplcgnlty made me tMnk tllllt Im'cl ellller illlked to
~2 write somethlng about ProCal Stono7 2Z youm• tnl!ted to tltum, l emt't rem<:mbcr1vl1atlt wns.
n A. Tli~t's a renl mystery. l d.on't know. 2:3 And $o being a business owner, when ymx bear tll~se
21 Q, Would. you agree that this complaint is 24 things, you jud got to llhrug your shoulders and aay,
25 d~.rogatory toward ProCal Stone Design 1? 25 Here's another guy who's lrying to tnke a great tol!Cept

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 Kenneth W. Morrison

118 120
1 :~mlgo try to dn it m1 Ills own or go to R c1:1mpctitor, 1 somebody.
2 because we couldn't-- we weren't going to let him be a 2 Q. \'.fhat are those things?
3 part of StoneOml, so pretty simple. l A. 1 can'tremtlm!l!:r, 1-lmtte. ltglll statement lle had
4 Q. Tba!'s tim whole boots - 4 made or ycm lla.d made on hinL
A. Yes. fi Q, Okay.
"
£ Q... forwhutyonsa!d? 6 A. But the bottom Hnc i~: This Is n JWe!ty
1 A. That's ali. 'I surprising den! tn me. Makes M sense, lil<a a lot ur
a Q, Nothing c6ncretc. Nothlnf); !ikt>'; yei1h, I heard
.. •' .. 'Q, · - ttilngs did,
9 he vvm ta1ldng with them, 'l11is is all he saw where lhc.y B Q. Mr. Mmristlll, J Wlllll to talk to you about the
10 woti they llr\l, lle \Yilllt b~·lllck b~sfuess? 'That's the 10 impO.ster Fncebook pil~ that you started about ProCa1
n big-· th.aCs the big- 11 Stone,
12 A, Tllisis~ H MR, BUNpREN: Objection to the funu of the
13 MR. BUNDRh1ol: Whoa, whoa, whoa, Slow down. lJ question.
H Slow down. Let Mr. Neely finish his questioa 14 Q, (BY MR, NEELY) Mr. Morrison, you formed,. you
15 Objedion to the form oft11e qllelltlon. 15 ereated a Facebook page for ProCa! S!Me, crn:reat?
u A. Al'e you finlslled'l' H A. Not for them.
1? Q. (BY1vfil NEELY} Yes, 11 Q, Well, It was for Stonc0:1at, but it was called
lU A. No. It WIIS something that cam~ up In one of lB ''ProCtil Stone,~
19 tbe legal correspondences ill' something tl!at clearly he'd t9 A. Wasn't for St<meCoat either,
20 Q. Okay. Let's get there,
·~ either spoken to you m· to thtm.
:1..1. Q, The fu:st legal·· the :first legal matter that 21 Jlrfr. lMorrison, l am marking as Deposition
n came up with Mr. Merworth wes w11en I !1\lcd him on a 202 Z2 Exhibit No, 5 prlntoff of the Facebook profile that you
2~ petition. Is !hat what you're ta1klug ~bout? ;n do ~droit to creating,
2·1 A, I haven't been pl'lvy to any of this. All 1 24 (Exhibit 5 marked.)
!dl Imow ls when I saw sometblng,l sn!d ·- l sald,l know 25 . A. This was 11 suhpnge that I c1•eated from my
-~ .... -- ·- ......,.,...
~~-~,.._.

-
119 121
1 that- this wasn't like you'd sued bhu and there bad 1 Faceboolta£eoun t,
z been no discussion either beful'e or right af!nwards; 2
Q.. (BY MR. NEEL'!) Mr. Morrison, when did you
3 there had hun so~e discus5ion. So yc>!tlmow, l !leu't
.,. create ili is page?
4 ,tbiqldt'Jl t&o farfetched to put,dots tog.etl_ler a~d sny, 4 A. I don't rcm£mlu:t;•. ft was pt·ohably June 23rd
5 Welt, be spolre to T.tim be:fore Ill' I!~ spn!le to him after or 5 or-- whet does It say on here? l tonld find out. H
$ nmyhe ibis was-- I mean, gosh, I could lmve i!USpicioll 6 was fast summer, probably.
I that- that 'ProCal could'w insfi•ur-tcd him wstud 7 , · Q, qkay, On here there is utatus update;
a this. I don't lmow. B "ProCil Stone updated their cover photo," lllld it says
9 Q, Ymrre aware r sued his son nnd.lrim because i 9 July 16th. So at !llnlnimum, you weteoollere on
H dMn't know who the heck he was, right? 10 July 16th posting as the name ''ProCal Stone."
11 A. l ditln' t Imow !lllollt his sou. 11 A. No, l Wlllln't posting JU l'roCal Slone, Thlsls
12 Q. J did, We didn't know who the beck thls gt1y lZ a p11ge that you can do, lil1e a lot of people do, if
l3 wus. I cru1assert tbat as an offb:r of the court I 1.3 ynu - lil<e, l have several Fllceltonk Jlllgc.~ lhnt nre for
H submit that I sued two guys I didn't know. H ou!' lmmeowllllrs llS$udation that·- in cQSe they ever
15 And yo\lr suggestion now is tbllt l'roCa! ls 15 Wl!nted to use it, lluwil some for some political things
10 really behind this •• this •• that PmCal Stone has got '\6 tbJlti mlght w:mt to start 11 bh1g on. I thlnldt's
n Mt. Merworth's e-mail addre;m amlaccess in it'? I l7 important tn know that Facelmoll !:s not 11: tJO&ting of a
l.$ A. That makes me feet better, that that theory tall 12 review; H'.s not·· ol'it's nntaplau where y<m're-
a b0 put aside. 1!1 you knowt if yon advertis~ on Facebonlr, there's-- It's
:zo Q. Is that your theory? zo an,·- there's 11 way tn a<lvt~rtbc,lltld then there's pages
Zl A. No, T!'s just sou1e!hing than h11d •• tllntl 21 1hat you sec, and l bappe.nlld to l!lll' that they had -one
22 tbong!Jt ... :<;< night ProCnl Stonu Wall .. ~blly lmd ~· I wanted it> &ell
2~ Q. Yon're just talking right now, 23 their .Facclmok pag~, and so l trloo to l!mk up ProCal
24 A. -·because I thought I 5!1W ll cut~u;:et\on ohome 24 Stoilft, and itwasn't there.
2& lmowledge of some tl!iug11 that !til lind to luwe uld to 25 .Sol was on it ooe lim£, thought, Thnt'll

31 (Pages 119 to 121)

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 Kenneth W. Morrison

122 124
1 interesting, and I ml!de a little Face!J()Oit page, Ami you 1 can llnve freaspeecl1 to (to anything you want tn ou thJJt.
2 cnu see there was nutlltng llept UJl m• monitored ot· 2 And this wasn't·· oth~r than oue night and postlng -·
3 administer~d to O'lel' time with it. 1t was .. and l just 3 or just getting tl1is open site llnd thl~ twme that wasn't
~
tbl'tlW up a pktnl'e oflv11nlm Trump, who had-- the 4 tl1e full name of the company, hey, I dld it; aud thnt
5 m·tidc was about knocking off some shoes, Mll Jtft II 5 wasJI,
s alone, And that wns It, 6 And the only defamRfion on heJ•ewns really
7 Q. Did sometltingprompt you to get on Facebook to 1 when J11Stin Kinser cJtme on ll!ld posted 11 bad chan1cte:r
s PwCal ··had they done somelhlng at·· relath:ely soon 0 1\Ss~ssinni!Qn about nl)'Self, whitl1 I didn't r~spond to,
~ before·· !> calling me fl fraud and a fa lie and all klnds of tlllngs,
lb A. Sm'1l they hnd. 10 and then prom p!ly that was talnm down, was unpublished,
11 Q. Wnat had iliey done in .that -· r u11derstand they 11 pro_bably wh~l; nwnth,.bvo month~ ago? Sl! sort of a
12 started a bush1e:ss. u moot issue,
u A. Well, tllnt's ldn1l of al.l of it, yeuh. 13 Q. {BY MK NEELY) On your !:>irtb.certlficale, it
14 Q. So thaes something that grinds u! you rul the 1l says "Ken Morrison"; It doesn't say "ProCal Stone."
15 time. 15 A. That's rlgbt,
lG A, I've spent nlue, almost ten ye:trs of my life
.. l!i
... Q, P,r~Cal Stone. i$ a cmnpcli!or o:t:Mm:rlson.
17 building this co'tnpany, To l!avi!so~cbotly 'come· In 'amr 11 A. l'roCal Stone Design.
·~ wear .a ~toneCoat shil'l.aml go throng~ fr~tining and :te Q. You wantto say tbq! sinceifu(lt!h~ legal
1$ wrlte- sign nllUeompek, nondlsclo$ures, and to meet H name tbat it doesu't moon that you started a page a!:>out
20 with everybody to get e.ve1'Ytlllug they eoulll and to 20 P~oCal Stone.
?1 disllppcar and sta1·t a comp<iting cnmpally, yes. 21 •· • ·A. l'm·notpie!dngnthairs, but~
22 Q. Okay, 22 Q, Ifeellike you.re -
23 A. Tllnt would gt·iuilat you, too, probably. ' 23 A. - ymi nre. l mean, if you're try!ugto make a
24 Q. Okay, You went on Facebook on purpose and 2< case tl!atyou are-
25 formed this pro!l!e, correct? 2& MR. BUNDREN: Obj!l¢tlon, argumentative,

1 A. Ye~, I did thls pnge. I published a pag~. 1

123
I l Counsel,
125

2 did not create a big uu1lldoos site on Facebooli: that 1. 1\.ffi. NEELY: What was my last pending
J prllm&tcd Rnyl'hing o!htJ• than just seeing the nJJme, doing 3 que:.tion?
4 it. And tD that point, by the time you did 11 TRO, wllich 4 (Requested }lortion was read.)
1> is eminent and h'repnra'ble hnrm nnd danger, !his thing 5 Q, {BYMR. NEBr,Y) Pleaseanswerthequestion.
$ was unpublished and \IMble to bt: seen wltb no vi.,ws. 6 THE WITNESS: ,Can you nmd it one more
'I Q, Okny. Tl;e profilo name l~ "ProCal Stone," 7 time?
a That is not your name, correct? 6 {Requested portion Wl!B read.}
9 A. That's right. 9 A, Oil, I'm notgnlngto try to deny thntitdidn't
10 Q, StoneCoat has no tight to use the nam~ "ProCa[ 10 l•uve uny relMlon to Pro Cal Stone, Of course it dld.
11 Ston~," correct? 11 ':A:nd !t's jmt a free ~peeclt Web png~ that I did lilm you
1.2 A. I'm not n legill guy, 1 don't know lf thai's;. l1l would do'forTeJt~s politics or anything else, Ami I
1J tliey bave trltdemarked l'roC~I Stone. lJ could surely understand if it was something tlmtwas
H MR. BUNDREN: Objection·· :14 monitoring, driving !.msinesJ to, mul boosting and
15 Q, (BYMR, NEELY) An~wermy question. 15 p!'omoti11g and ntlvel'tislug to, But 1 just saw the name,
16 MR. BUNDREN: Objection to the form oflhe 1n 1 did it, and it snt dormant unlil probably I'roCa1 or
17 question as •• obj~ction to the fool! ofllle qltestlon. 11 .rustht started looking up lltek names and found their
1~ Q. (BY Mit NEBLY) Do you believe in your m.ind .'" name'on sometbltig, ~~~~~that's when he posted his blg
1.9 that you're allowed to go out and start Facebook 19 d!lfamatory temarlc about me, and til en he subsequently got
20 profiles using other people's business names? Yes or 20 It unpublished And the COil tent Ioken off long !:>efol'll you
;u no? 21 filed the eminent danger TRO,
u MR I:Iv'NORBN: Objection, fonn, 22 Q. {BY MR. NEELY) The photograph you chose for
2J A. 1 absolutely believe ilmt you cnn go Rnd shut 2J the profile picture is some stone work, and it's all
2! an ''I hate Donald Trump," an "I hate Hillary Cllntou," 24 moldy, isn't it?
25 OJ' whoever you want to, Facehook 1\lld blog site, rmd you 25 A. I thought tllnt was ldnd of funny that yott guy8

32 (Pages 122 to 125)

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 Kenneth W. Morrison

126
mad~ an issue nlJIJut !ltRtwben tlmt'811dun.lly ju~t a
picture of a cutstoJie llonse. Sn that lund of came lmcl>
the wrong WRY for yotl guys. Tl•at's jmt a r~gular ltouse
with ~ pi~ce ofstone ou it UtaH )Jrob.1b!y just gl'llbb~d ' 4,
sornewllerll,
Q. You recklessly picked smnething that wasn't
even spray stMe, rutd you put it on the profile of
ProCca! Stone.
A. Well, l:'roCal J.~ also not Ivanl!li Trump eiihcr,
10 and it's a!s{} not a llonand Wsnot-ypulmnw, It's lD
1l
11 jnst a one-time, grab !he nam e1 gmb the tlliug. It
ltapjlens nU the Hme; And lfiwnu!ed to, I probably 12
13 could have created n ''I HateProCal St1>11e" Fneellook pnge
14
a.ml probably be within my leglllrlghts, but I got better
th!ugs to do.
Q. rm going to put you on notice now !hut it's
notw!tbinyour leg!ll rights, and if you lnteud to do
it, p!e~se let me know as 1'raCal Stone's lawy'"r.
MR. BTJNDR!lN: All right. All right. We'te
20 not going to have any lectures here. If you're going to
21 go clo'Wll that .road, we're going to stop the deposition.
So just ask your questions, and don't be lecturlng on
what somebody is notto do, Mr. Neely.
MR. NEELY: Thai's not a lecture; that's a
legal·-
------------..,.----. ---~;--~. ----.-. . ;. ,._____
128
su1'e ilhin't wnnt to put a bad plct11re or ll ~-just --It
just shuwed the genre. It wns kind ofwbnt we do,
gables and houses,
Q.- The artide jiO!l posted ·~
A. Uh-huh.
Q. -- Wl\S about lvanka Tnunp being £Ued for
stealing someone's shoe deslgu, correct?
A. Yeah.
Q. Was that !Ill allusion to ProCnl Stone ailegedly
stealing.you~ i_4ea7, ·
A. Oh, I thinkl was pa•obably just grabbing what
was qulckm•d I jus!· seen that on Facebook. That
article ea me througll,
Q. AJ:e you telling me it's a complete cotucidence
that it's about someone stealing someone else's. design:?
A. Oh, no1 not at all. I'm not trylng to deny
tltat.
Q. You chose it because it says that this is ~n
instance' of someone stealing.
A. Yeall. And all zero views saw it, and it caused
incrctl!ble damllge, I'm sute.
l'Y1R. 1\lEELY: Move to Strike ihat as ·
nonresponsive.
MR. BUNDREN: And 1\ifr, M'ordson, just answer
the questions. We're trying to move this deposition
~--------------!

127 129
,.
MR. BUNDREN: I don't care. If you
want to along, so just answer the; question, please.
send a •• if you want 10 send tmtlce, you {)all send lt to Q, (BY .MR. NEELY) In the "About" section, you
me, but don't 1eclure the witness. Just as1t your y.'Tite, "S,toneCoat is the one and _only m'ig!ual having
qnestions. created this market and bus mess opportunity and ls ilie
5 'MR. NEELY: Okay. manufacturer of this amazing product," and ibm yon
:MR. BUNDREN: This !s a deposition. Ask direotitto StoneCoat's Web site, correct?
7 yottr questions. A, That'sright. · ·
Q. (BY MR. NEELY) The photograph you chose is not Q, Your intention b.ere was to direct cnstomers to
!! ofProCa1 Stone work, correct? 8toneCoat, correct?
10 A. That's dght, lO A. I didn't think it w1.mld probably direct
l1 Q. It is not the!r product; lt is no! their 1l anybody,
12 service, correct? 12 Q. Yllty'd you write it?
13 A. Tbat's right. 13 A. This is just, like I sald1 a mountain ont of a
JA Q. The photograph is of namral stone, and itlms 14 molehill, a small, unpublished page that's sitting on
1.5 mold all over it, correct? 15 Fneehooll.
16 A, I do not !mow that. 16 fl. The F<)cabook profile was up tmtil. Facebool~
17 Q. I'm look!ug at it. Would yoqlook at the 17 removed it in October, September, October 2016, correct'/
l.E photograph? 19 A. I don't lmow becausel didn't- here's
19 A. I'1n looldng nt a photogi'apll here tliAt d{}es not 1S something for ynu. to lmuw, I never went back to the
look bad. I don't know where it was, It was a l'andom 20 site. I don't tltlnl1 I cal'td about it, and 1 didn't
21 picture just grabbed, 21 think )TI!fCl! about,it, bec~use thcr~ are several Fncel;10ok
2~ Q. 'fhe- - 22 pilgei tliot nn unjniblls1Jed or Uli!rged Utnti've done,
23 .. A, It is »ot intended at llll to •• actually, li)m I said, for instance,. a Cotnltl-y'Brook lwmcowncrs
24 l'm .. I rememblll' now that tlmt was not intended tu he association-type pagt tllllt yon tnnj11st do that, unless
25 det·ogatory, that 1 thought th~t if smncoue saw it, I yon do something with it, no one's really going to sec

.33 (Pages 126 to 129)

DepoTexas, Inc
 Kenneth W. ~IJorrison

130 132
l l!. t A. Yes,
~
Q. t'm going to mark as E-xhibit 5 •· ;1 Q. .. does Rick Adams have any accclill to lt'l
3 MR BUNDREN: That was 5 ya11junt m$rked, ·'4 1\. Nu.
~ ~!R
NEELY; Sm:ry'. Six. Thanks, Q. Docs Kimberly ... Ms. Kny have access to it?
r, (Exhibit 6 marked.) r~
A. No.
6 Q, (BY MR. NEELY) :Mt, Morrlson, lllis is till e·mnil u Q, Okay. Are you the only one thnt has nceess to
., thatFacebook sent to my office confinnlng lhl\t they llad 7 it?
9 removed the page, and 1he reference here is to a report a 'A. Yes,
9 being received on October 1Hh alld n Weh- Face - 9 Q. Oklly,
lt' excus~ me - im e·mail from Facebook to my of!!ccs lO MR. BllNDilliN:. Se·ven.
ll infnnning me that it had been remove£! that day. Do you u MK NEI1LY: Thank)'ott
12 see that·· ).:;!
(Exlliblts 7 and l! marktxt)
'
<<

.il A. Yes, 1:3"' Q. (TIY MR. NEELY) Mr. Morrison, I am showing you
H H what has been rnllfkad as Exhibit No. 7. This is n
Q. - O!l tho fust pagdl
15 A. Yts. l.S customer ~ompllllnt submitted to the £letter Business
~~ 16 Bureau ofNorth Centra! Texl!S, Dallas and Wichita Falls.
Q. Did you at any po!ntrecel1e a notice or an
~1
e-rmdl :frum rl!l.'e!Jnok lhat thls jMge bad !Jeen blocked (It' n Do yon se.e that'/

I
).8
ia remo..W or unpublished? A. Yep.
u 19 Q. Dld you or auymm !lmt yon know of submit this
A. Yllulmm1, it's Facfb!Hll4 nnd lfl did, l diliu1t
2~
nollce it. The first lime lMiict-d that it was
;!Q
complaint about PmCal Stone'/
2;1 unpltlllisl!ed and the ron tent bad been tlll,en off WllS wMn 21 A, No,
n 22 Q. Did you create the e·mnllnddress 73 ••
I Just bnppened t~.> loolt at nil tit~ Utile pnge~ !hilt I
;!3 dnuhcn!cy7373@gmaitcom?
2-J ll11d .. there's probably six or seven of them·-
~4
24 A. You already 11slu:d tllnt. I said no;
underneath my Faecbnok ac~mmt, And l think I W!lll doing
25 Q. 1'!HI rev lew says, "Jolm I'rofanchik wan llired to
25 it becrm~'C 1 \VIIS ltmldng at our StoncCont Fttcclloolr. And
_..,....,...,....
- -~.....,._,..~

131 133
~ so yeah, it was great l hlow stone oumy boose wllh a new pmduct h~: claimed was
' Q. What e-mail address ;lid )'t<U tlSii to register 2 his. inventioa After sha<iy !!ellvity Md poor work
J !his Facebook page? 3 petlootlll!<ce, 1begnn to look into hlm.ll!ld his comp!ll\Y.
4 A. _Kell@stoneeoat. 4 I later :fuuud out he is a scam mist and SloueCoat
s Q. Okay: Who maintains StoneCMI.'s J:aceoook page'/ 5 invented this process. I ca!Jed StoneCoet, and they
6 A. It's not-It's m~. lt's pel'Sonal. It's 6 came out !he next duy and finished ilio job co11'00t1y <md
1 l!'acebuok. Tl!h lsn't Better Business Bureau.• lt't·~ '1 :)'illY und~r budget ,B~ware l)f Jolm froilmchik !llld P:roCcl
u yon do personal pages, a Stone."
9 Q. Your persomil Jl~ge is ofSloneCoat,·- of 5I l'w asked you thjs already. _I'm goiJlg to
10 stonCGOatcom, and it adwrtlscs your ot'fio:J hours at 10 mikyou again. Do yotdmve any idea ofwhat custom-.-r of
n StoueCuat, correct? 1l StoneCo!lt's !his might be referring to?
l2 A. I haven't been to it in n long ilme, Yeah, l'm 12 .• A. It's not n ~ustomcr ot' SttmeCoflt's.
u sure it does a!! that. 1t ptnts little things about l3 Q. Okay.
a StoneCont and it's aofiiciul StoncCm1t Web page. I 14 A. And I tuwi: uo !den wlutt •• I've been pl'c!ly
15 tllinli there's a couple more out tne.re lhnt some people l5 open with yon.
H have tried to start titat art dotmAnt tlt~t !ll'eltnl'der to !l 16 Q. Wmi!d you. agree wllh me tb~t thi;s appears to he
11 find. 1? a fake customer review'/
1).~
There's probably blll!olllllif l<'acebnok pages 16 A, Obviously it b if we don't have 11 eusiomer
l!l llll oYer !lle world, !IIIli so tltet·e'i some other SloneCoat H like that, we didn't do a job lil1e timt, anrl we have M
1t(l out there with other StMeCont llfllllts lilt litem. There's 11 10 knowledge rrflt.
n rock gmup called StoneCuat. I haven1taued tll~lll. 21 Q. Would you agrc:e with me.ti>at this is a very
:£2
n
l'viR. BL'NDREN: Just all!:'>'<'er the questlou.
THE W1TNF.'lS; Okay.
I ~z

2;1
dispnraglrtg rwlew uOO\ll Jolm !>rofanehlk and ProC~I
StoHe Design, LLCI
24 Q. (BY lviR. NEELY) For tim StooeCoat Fw;ebook page H A. D11pemls on what you think about ProCal Stone
25 thilt you do haw a relationship with -· 25 and John Pl'ofnnchilt.

-
34 (Pages 130 to 133)
DepoTexas, ·rnc.
 Kenneth W. Morrison

134
'
~ Q. Would you agree with me that !his is a very
:c ·negative teview?
3 A. It would ben negative l'eview, yes, sir.
4 Q, Would you agree withmo that this would be very
5 harmful to ProCal Stone and John PI'Oiam.ihik's repUtation
6 G.
if the publlc saw it?
7 A. Depends on how thin-sldnned you are.
3 Q. Oh, I thlnk illly average person would be
~ .. 136
1 Stone customer ilia! switched to SloneCoat?
z A. l'urports to tliat;-yeah.
3 Q, 1~ this a fake review'/
4 A. Yes.
5 Q. Okay. Says lt was submitted by Don Henley,
but -- ofP)ano, Tyxas. Do you 1·ecaU any cuslomeru in
1 Plru1~ withht the !a-rt month switch lug to StoneCoat?
B A. No,slr. ,.

9 offended at this, wouldn'tth<Jy? 9 Q, Okay. Have you showed this report to anyone
10 MR. BUNDREN: Objection, form ofth~ 10 else at StoneCoat?
11 ques!ion. 11 A. :Rkl<.
l2 A. Justin wrote that on my Facebook page. I lZ Q, Jus! RJck?
B didn'tgettoo otfended or l'espond to it. 1~ A. (Moving head up and down.)
H Q, (BY MR. NEECY) Well, :Mr. Kinser erased it 14 Q. Nobody else?
15 this
about ten minutes later. But in this case, was 15 A. :Rick may have shownlt to sonu; of the oihcr
16 submitted to a business review organization, correct? H people a~l<i11g -- trylug to d{) tbc ··our searches to
17 MR. BUNDREN: O~ject to the fmm ofthe 17 malte sure we weren't rcsponslblL,,
l.H question. HI Q, You deny any knowledge of this being ;ubmitted?
19 A. TileBB··yenh. Yes. 19 ~ Yes,slr.
20 Q. (BY MR. NEELY) Okay. 2•0
Q, You do not .think that StoneCoat submitted it?
21 A. Yes. n A, StoneCoat did not submit it.
22 Q. You deny any Iesponsibility :fur tlus 22 Q. F!avc you checked ;'our computer network at
23 personally. · 23: StoneCoitt to detednme v.hetllt:l:\' an;jone elSe ac-cessed
2~ A. Yes,sir. 2< ripoft!eport.com in the las~ two wee:f.s?
25 Q. You deny responsibility for this for; StoneCoat. 25 A. Ytm mean have I' gone to each cornpnter nnd tried

135 .. 137
1 A. Yr.~J sir. J.
to tind.lf someone bad accessed ll.ipoffReport?
2 Q, Did you specilically show this review to any of 2 Q, Or t<> your computer lags on your network.
~ your employees or independent coatractors or st~lcspc.ople 3 A. No, I Itave.n't,
4
5
rmdsay, Hey, Did you write this?
5
• Q. Okay.
A, Rlclt saw it and we lool,ed at it and he l'ead it. A. I've asked people to search, and they said no.
t He read it before I did even. G Q, Who'd you ask?
? Q, How about any of the other people at your 7 A, Rick, Kimberly, and they were supposed tolool'
a company? s on all the othe.1' computers. Aud they tl'ied to access
g
9 A. The nnme HDon Henley" obviouslY. got passed El!ls's, nnd •• ,
10 around everywhere-· 10 {Exltibit 9 matlted.)
1l Q, Sure. 11 Q. (BYMR, NEELY) Showing you what has been
12 A. -- and they searl!hcd for lt. 12 marked as Exhibit No. 9.
13 Q. Okay. 1\!Jr. Morrison, l'rn going to show you 13 A. Olmy,
li what's been marked as Exhibit No. 8. Have you, within 14 MR. NEELY: Sorry, Chatles,Iwroteonthls
15 the last month, accessed the Web site on your telephone, l!i
1~ your cell phune, the Web site rlpoffreport.cotn? 1& Q, {BY MR. NEELY) Have you ever read this
17 A. I have not accessed ripo.ffreport.com nn Jtny 17 review-- Google review?
18 neve;·
de,•ict, and I've to
been their she.' :h•e sn!l·t·eil ... :ta' · · · 'MR. BuNDREN: ·On Google or in this paper
l9 . th11.t 9Y!Jr amlover. 19 format'l . .
20 Q. Read fins review; please, and let 'm6 ku~w when 20 Q. (BY MR. NEBL1) Have yo~ ever gone on Google
21 you're done, Z1 and read it?
22 A. Oliay. 22
A. 1119·
23 Q. You fmlshed? 23 Q. Have you ever seeu this piece of paper before,
;1<]
24 A. Yes, sir. other than in the:complaint?
25 Q. Okay, Does this review purport to be a ProCal ?.5 ~No,

35 (Pages 134 to 137)

DepoTexas1 Inc.
 Kenneth W, fviorrison

138 140
Q:. All righL This was submitted by Don Henley. A. 1 went over lt with llim.
"'I1Jey ripped me off. Beware this ooropany 11nd their Q. And so you went ... ilid you go tlH'O\lgh each of
claims of spray-on stone. They ure 3l'l.l10 art1sis. • these q_uestio1\s and decide whether or not you W!)re going
Would you agree with me that this a}lpears to adm.it or deny them?. ' . .. .
to be another fake ad -- fake-- A. w~ Silt dawn Ullring our attorney thn0 together.
A. Yep. Q. Okay. When was thai, that you prepared these
Q, Okay. These were submlued on De~embet 7. Is 'answers?
there anything !hat happened in the recent p~st th~t you A. ln tllc past wc11h or so.
and the'StoneCo!lt guys are mad at ProCill slunc about? · · · :.:, .Q,' Okay. Was lt'"dwingyout <i'ilposltlonprep
, , . ~·,I ~ness If you )'il\!1t to _say mad all out ProCal , , session? ,;·
Stone, tlit1{ would've hc~u-any tlrne rw~r tb~ pllst yeal' A. No,
and a half. Anil. we hnve had tmotlu:'l' tompttitor called Q. Okay. Mr. Morrison,l'mmarkingasExhlbit
Cre&Stone out t!te.re that came nut of me l!lso that.·- I<fu. 11 "Defendauts' Object1om and P...espomes to
they've hcen ln lmslnt~~ fur- I mtan, yotllmow, Plaintiffs' H.xperli!ed .Interrogatories," Did ymt sit
~.:hanged mnne a HWe bit, but llwy've been inlmslnm down at the same timec and go tl1tough !he rulsmrs to
:for probably seven yenr~. And all tills tim~, we'vll these interrogatories, when the .. at the :mme time as
never taltcn these mctics to make fal<e reviews or to !he RFAs wero :prepared?
attack them IH' to do anything l.il;t thut, If we were (Exhihlt 11 marked )
19 going to, we've had, you!mow, nlnc, ten years that we A. Yeah,
20 would've adopted some sort of, you lnww, tactics li!{e .!viR. l'lEHLY: Okay, I notice that they're
¥1 tills. 21 not verified. Counsel, tjust ask tllnt they get
22 Q. My-- verified. I don't think that they're ucontelltion at
23 A. And we haven't. all, so wh\ln you get the opportunity, I do wan! those
Q. My speci:!io question ls: D!d naythillg hnppen verified,
in the recent past -· Nl:R. BUNDREN: We'lf get them verlfied for

139 141
A. No, you.
Q. -that you can think ofthatyou'rejtJs! MR. NEELY: Okay. Great,
really angry about .. MR. BUNDREN; These ·were expedited, so ••
A. No; sii-. No. lv'IR NEELY: Yeat•• Fair enough.
.Q. _Hpw about anym_:.e else l!l.lltoneCo!!!'l, MR. BUND.RE~; Send 1pe au e-mnll so 1 can
A. No. Probably pretty nm~h tht s:ame anger remember to do that, if you Wl)lltd.
throughout. MR NEELY: Dotllalrigfltnow.
1'HE WITNESS: And put my laugh inlhere., · THE WiTNESS: Chark.~, wh.1t time is it?
(DJsc.nssion off' the record.} MR. BUNDREN: 5:30.
lQ
Q. {BY MR. N.EELY) Mr. Morrison, I'm marldng as 10 Q. (BY Jv!.R. NEEJ. Y) Mr. Morrison, I'm marking a;;
l1 Deposition Exhibit No. 9 •• ll DeposiHon Exhibit No. l J 11 Defendants'" ••
12 MR. BUNDREN: Ten. MR BUNDtZBN: Wlrnt was •· what was 12? Did
13 Q, (BY MR. NEELY) --10 ·• !miss··
14 M.R.'NEELY: Thankyou-a1l, MR. NEELY; .MlUl, l'ln tFxrible nt this
Q, (BY MR. NEELY) - "Defendants' Objections and lU today.
Responses to Plaintiffs' Bxpcdited Req\JCS! tbr H W1lat are we on.'!
Admission • •• "Admissions," Mr. Moolson, v.we you 11 THE REPORTER; Twelve.
provided with a CO};;? oftbll' unaU$WC«:d written discovery MR. NE'SLY: Sorry, glly:~.
that l served -!he request for admis:sions, the (Exblbit l2Jnarked,)
resporu;e to !he dolllllllmt requests, aU !hat good &tuft'! Q. (BY J:.AR NEELY) Markillg as Deposition Exhibit
(Exhibit 1D marlmu.} No. !2 "Defendants' Objections and Rcsponscs to
A. Yealt, Piaintiffu' Expedited Reqt1cst for Production of
Q. (BY MR. h'EELY) Dill you go tl\rough each one and Documents." Vlhcn did you receive 1hcsc ln order to
prepare your own writiea WlSWcm to prc,vlde tJ your determine what it W\!ts! wM asking you to produce?
lawyer? A. Whenever yon stni tlu:m lo my attorney. Ue

36 {Pages 138 to 141)

DepoTexas, Inc.
 kenneth w: Morrison
142 ·' ,. 144
'
I
fonvards it on lnmmliatcly. CHANGES AND SiGNATURE
Q. Okay. Did you perform any of the searches for '
4
this s!uffyourse1f, or did you have Rick and Ms. Kay I 3
V/ITNESSNAME: KENNErHW. MORHJllON, INP!VlDlJALLY AND AS
CORl'OkATElREPRFl!ENTATIVE Ol' STONECOAT OF TI!XAS,l.LC
do -- Ms. Kay do it?
5 DATE OF DEPOSITION: 12)!6/2016
A. l'retty much the same answen I gave earlillr.
~
G Q. WhichisRickandMs.Kay?
A, I mean, yes. It's a small office, I me;m, you ' PAGE LJNll GL\NGE REASON

fi !mow.
•
9 Q. So whatever it is they did, that's what you
I 1

10 relied upon in oxder to produce documents ofnot produce

•
11 documents. 1~
'
12 A. I was there whllll, you know, we- yelling 11
13. across the hallway "Donllenley," H
14 Q. Dld you -·I will wait on those questions for ll

15 Jvfr. Adams and Ms. Kay. I think wfdre ah1lDSt done. H

16 Got a name here of Cindy Arriano. Who's 15

11
l.B
Cihdy Ar:riano? "n
A. (Moving head side to side.)
19 1•
Q. Dld1 get that right? Name do«n't ring a
1~
Zi:.i ·bem·
~0
21 A. TeJI me who she is, That might help. 21
22 Q. I don't know who she Is, That's the problem. ·--·~---~------·-------

a
?.3 A. Whe:re'u the name come fmm? That could help. Zl
24 NlR NEELY: Well, I saw it on ihc b1temet tl
2.5 associated with your company, but I'm not sure whnt ,.

143 145
l 1 [.KENNETH W. MORRISON, TNDJ;VlDtlALLY A.'lD AS
that ...
2 That's all I've got right now. • COlU'ORATE REPRESENTATIVE OF STONECOAT Ol' TEXAS, LLC,
3 MR. BUNDREN: Reserve our questions. " 4
have read !be forogoing deposition and l1erehy affix my
sign&tnre thni same i• trne an<! correct, ~"r;ept ns noted
4 (Proceedings concluded at~ :34 p.m.)
5 • abo,.,,
G
6
1 KENNETH W. MORRJSON, !NDNIDUALLY AND
7
AS CORPORATER,EPRESENTATIVEOJ'
a
• STONECOA'f Ol'TEXAS, LLC
1 THE.STk!E Ol' _ ___j
1G
! 10 COUNITOF l
11 1> BcH..lrr::; me; on
1~ this day personalty appewed KENN!ITH W. MORRISON,
13 1,3; · 1NDlVIDUA1J,Y ANil AS COlU'ORA1'E RBI'RESENTAT!VEOF
14 H STONECOAf OF TEXAS, LLC, known to me (or proved to>oo
15 15 Wl<lcr oath or tllf<lugh. •· )
H (descriptloo of identity card or olller document) ttl he
16
17
,, tl1e person whoso llll!lle is subscdbed tn tho foregoing
15
111 ·- ' inmmmen! and acknowledged to me !llat ihey exeenled the
19 sl!llle far the purpose• and core!dcm!lon therein
1'}
zo expresoei!.
20
Zl Given Mder my hand ll!ld ~eal of oflice tllls
21
22
•• ·-~-' day of·~-'---~-------' 2017 .
23
23
•• NOTARY PUBLIC TN AND FOR
THESTATEO'l'

""
37 (Pages 142 to 145)
DepoTexas1 Inc,
 Kenneth W. Morrison

146 148
CAUSBNO. 296·054J5-2llJ6 FURTHER CERTJFICATION Ul'IDER RULE 203 TRCP
PROCALSTONSDE.'llDN, .LLC, ) IN THED!S'f.RlCT COURT The original &\position was/wns not 1etw:ned lo the
) deposition of!'icer on
)
lfwtumed, the attached Changes and Sign<llum
l'la\ntifi;
page cout~tns ~ny cl)~nges and tho re~ons therefor;
)
~ )COLL~ICOUFrfY,TEXA8
·· Jf1·etmned, the original deposition was delivered
) to Ml'. E. Sawyer Neely, Cu~>ioilla!Attor.ney;
) That$ is the deposition oft1cer's
KENNE'l'H IV: MOJU!lON !ll1d ) charges to the Plaintiff for preparing the. original
STONBCOAT OF TEXAS, LLC, lO deposition transcript and any copies of exhibits;
) lL • · That the dcposi!ioll was delivered in accordance
) 12 with Rille 203.3, and that a copy ofthis certificate was
Dc:fundams. }?.96TH 1i.1D!C!AL lllSTRJcr . 13 sc!'Ved Oll nH parties sltown herein on and
10
filed wltlt the Clerk
REPORTER'S CER'tll'fCATJON 1~
Cer!ifi~d to by me tills day of
DEPOSIT!ON 0!' KEl'!Niml W. MORlUSON, 16
u INDIVIDUALLY AND AS CORPORATEREPl'.ESENT:\TfV!l OF -------~·:w_.
11
STON'ECOAT Of TIDIAS, LLC
1~
Dee<mher H>, 20!6
1, JenniiOr L. (';,mpboU, Certified Slmrtlland
19
---------,------
Jennifer L. Campbell
Reporter in. and fur the Stat• ofToxas, horehy oortlfy
to !ho following: Texas CSR No. 8674
Th~tthowitness, K£!-;'NJ:rrHW, MOR.'USON, IND!VlDUALLY Expiration Pate: !2/31118
AND AS CORPORATE REPRf!SENTAT!VE OF STIJNEWAT OI'TEXAS, Depo'lilxas
LLC, wn~ duty"'"""" bylhe oillo•r nod !liB! the Fhm Registration No. 459
tnmscrint of tho ot~l dopQsitlort i• a true record of 6500 Greenville Avenue, Suite 445
fue tW!mony given by the wi!ness;
Dallas, Texas 75206
Thot !ll~ doposltion ~tansotipt was S!lbmitted 'on
_ _ _ _ _ _ _ lu tho wimoss or to th& a!lomoy (214) 373"4977
23
for tl•• wl!noss for "'amiualion, si!Jilalu!"<> mld rcluw to
H
moby _______~
Z5
That tho a!llllunt oftlmoused by eacb prui.y at !ho

147
1 dcpo~ition is as follows; .
2 1vh'. E. Sawyer Neely .. ,.,D3:10
Mr. Wm. Charles Bundren , .... 00:00
3
That pursuant to information given to the
deposition officer at tho time said testimony was taken,
the following includes counsel for aU partles of
1 record:
a Mr. E, Sm.vycr Neely, Artomey for Plaintiff;
Mr. Wm. Charles Bundren, Attorney for Defendonts.
9
1o r futther certlfY that I am neither counsel for,
H related to, nor employed hy any of the parties or
12 attorneys in the action in which this proceeding was
1a taken, and ful'ther that I am not finandally or
~4 otherwise interested in the outcome of the action.
15 Further certification tequirements pursuant to Rule
16 203 of1RCP will be certified to after they have
17 occurred.
19 Certified to by me this 4th day of January, 2017.
19
20
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Texas CSRNo. &674
Expiration Date: 12/31/1&
23 DepoTexas. . ..
Finn Registration No, 459
6500 Greenville A'~;enue, Suite 445
Dallas, Texas 75206
25 (214) 373-4977

3S (Pages 146 to 148}

DepoTexas1 Inc.
EXHIBIT 7
Google Maps https://www.google.com/maps/contrib/113770979924188247634/plac...

Reviews and Photos

StoneCoat
4401 Westgrove Dt·, Addison, TX 75001

Kimberly Kay

*****
This product Is amazing. It's real stone and is a green product!!!! Gives your home a whole new look. The
workers are very courteous and take the extra time to listen to us (the home owners) questions. I would
definitely recommend this to all IT)y family and friends.

Helpful?

1 ofl 12/19/201610:24 AM
Google Maps https://www.go_og1e.com/maps/contrib/1l5906 99722288077 6497 /plac.,,

Map data ®2016 Google 2 ml~

Reviews and Photos

StoneCoat

4401 Westgrove Dr, Addison, TX 75001

Russell Gran

after some work we

We experienced tornado damage to our house. We thought the insurance would fix It, and
found out they wouldn't. We couldn't afford to replac~ the chimney but \t needed repair.
. . .
t came to
After seeing a magazine ad, We contacted Stonecoat to get more Information. Eric from Stoneooa
our house with a wonderful product and great options,
crew. Great job
We had our doors replaced as well and we couldn't be happier with the Job. of the teams and
and amazing look!
again
So, thank you StoneCoat.for a wonderful experience and we support your company will call

Helpful?

12/19/2016 10:27 AM
1 ofl
Google Maps https://www.google.com/maps/contrib/l 1085312909041102814 I/rev...

Google Maps

Map data.@2016 Google 200~L-----

•
Eric Golden
0 contributions >

REVIEWS PHOTOS

1 rating

!·
StoneGoat
4401 Westgrove Dr, Addison, TX 75001 !).
"1;
***** \1
I'
\,

12/19/2016 10:15 AM
1 ofl
EXHIBIT 8
 Office of the Secretary of State Filed in the Office of the
Corporations Section Secretary of State of Texas
Filing#: 802336955 11/25/2015
P.O. Box 13697 Document#: 642251140002
Austin, Texas 78711-3697 Image Generated Electronically
(Form 503) for Web Filing

ASSUMED NAME CERTIFICATE

FOR FILING WITH THE SECRETARY OF STATE
1. The assumed name under which the business or professional service is or is to be conducted or
rendered is: ,• . . . . : : .·. . . " ·~
' .
Blue Swan Marketing Group
; ·. . . : ...
2. The name of the entity as stated in its certificate of formation, application for registration, or
comparable document is:
JABF LLC

3. The state, country, or other jurisdiction under the laws of which it was incorporated, organized
or associated is TEXAS and the address of its registered or similar office in that jurisdiction is:
513 Clear Springs Ct, McKinney, TX, USA 75070

4. The period, not to exceed 10 years, during which the assumed name will be used is :
11/24/2025

5. The entity is a : Domestic Limited Liability Company (LLC)

6. The entity's principal office address in Texas is:

.o -~. ·-;. · ·-· ~··~-··~··-~--~-~·.
513 ClearSprii:igs Ct,_McKinn.ey, T?<, U_SA 1s_,o,_1~

1: The ~ntity is. n;t org~~ized und~i- the fa~r's of'Texas' and i~ ~~t required by law to mai~tain a' .
registered agent and registered office in Texas. Its office address outside the state is:

8. The county or counties where business or professional seivices are being or are to l;>e conducted
or rendered under such assumed name are:
ALL COUNTIES

9. The undersigned, if acting in the capacity of an attorney-in-fact of the entity, certifies that the
entity has duly authorized the attorney-in-fact in writing to execute this doctUnent. The undersigned
signs this document subject to the penalties imposed by law for the submission of a materially false
or fraudulent instrument.

,. . . , " ....
JABF LLC
Name of the entity . .· - ··t·· · ...

:By; Julie-cahii- 'tor Jeff Pickeri'ng CPA · · ·"· ,· · , -.;·

Signature of officer, general partner, manager,

representative or attorney-In-fact of the entity

.. . .·.
FILING OFFICE COPY

....

•;: ·· ·.. · .. ·1, ' . ·.

·; ·..: ·

:··..: ·::'· · .), •.

'' ~ I•
 .. . · . ·. .····.··. •''·.· ...

~1;.--- =i,-----~--~~~~
i ustin, TX 78711 -3697 j · Filing #: 802336955 11/23/2015
! FAX: 512/463-5709 Document#: 641871600002
i
j iling Fee: $300
I Certificate of Formation
Limited Liability Company
Image Generated Electronically
for Web Filing
I
. r................ :: .................:.:.:::::.:.· ..:..............·.............................. . ... :::::.:...:...:..:: ..:~.......................................
!I Article 1 - Entity Name and Type
::::::==:. .:.:.:.: . . . . . . . ·. .:. . . . ..:. .:.:.:. ·:. :. ::=iI
[~gen.fitibeTri9fQrmedTsaTimi1ed liability company. ThenameoHhe entity Is: I
1~=:::::.~:-~::_'°-Aificie f=j§Tste;;;dAQ~Ind~~tOred~~~~J
!lui\:·:rti-6riiiiiaire9isiere~-ageriTTs.aii.0rganiza"i'i0n. <cailii0Ti:le00mpaii'Y.nam·e;·;ra-b"av8ft>Y-iflename.ot:-----·-···-···--1

!L---------·------~------~·______:_ ________ ·--·------------·~-~-~·---------·_J

: OR
i~~.~..i~!~.i.~(r,~Q.i~~~.r~':1 ..<l.~.e..n.~.1~.~1~..i.~.~.iY!.~.~~1..r.e,~i<:1~~.t..~t~~l:l.. ~~.~~e..:"'.".~.°.~e..: 0.~~.~..~~..~.e.~.!<?.~~ ..b.~l()yv:....... .................................!

i~~;~;'.. ~. . f..~~~.~:~'.. .:. . . :... . . . .. . .. . .... . . . . . .. . .. .:. . . . . . . .. . . . . . .. . . . . . . .... . :. :. . . . . . . . .. . . . . ...... . .... . . . . . . . . . ~.: . . .·. . .... . . .... ... . . . . .:. ... . .!
i©.~~f.6~~~!~~~e.~~~~e.~~e.9.Is~~~~~~:~~f.t~~:!.e.9.I~~r.~~~?.t.h~~}i~~~~~:::::::::~~~~:~~~:::::~~:::::::::::~~::::~~~~:~::::::r
i treet Address:
i513 Clear Springs Ct McKinney TX 75070 . . . . .. .. . . .
. -.-.......,.---·- -·-··--1
1e~~~:~~,::::::::~,~~~::::::.:~.~~.::::~~~·~:::::::::::::::§.~~~~~t?.f.~~~1~t.~~~~~~.~~t.::::.::~:~~:::.:: :::~.:.:::~~::::::::::::::~~:::::::~~~'.~~~~'.'.~~:~1
!PA. A"copy'Ofi:lie-conserit-of registeredagent is attached~-------.·-·-·-·····--·-.
l OR

1:IO_r:~~~~=~~==::=~==~~~~~~ ~~~~~~-===~=~~~==:==~-=:]
A_:_"!:~~J!~ited .~~fl!!>.'. com~~~Y i~~be ~nag_~d_py m.~~ger~.:_-----·----··--··--·-------·----·-----J
: OR
f1.@.~:..!..~.~..!i'..n..i.~~?.!i.~.~i.1.itY, ..~?.r.rlP.~~.Y...~.i.11 ..~.?.~..h.~~~.. '..°..~.~~~~r.S.:.. ~.~~~~.~'..°.~~t..~.f.~~~.9?.r.rlP.~~'f... !~.. r.~.~.~.r:'.~.d...t.?..}h~...'!1.~.ri:i~~T.5.:... I
!The names and addresses of the governing persons are set forth below:
!!Managing Member 1: Jason L France -- ~~-itl_e_:_M _a_n_a_g_i_n_g_M _ e_m_b_e_r_ _____ l
i~d~~ess:. ~~~-~.-~_P._i:!_~J!~~!_l§_~~~t~.-~!l.!~-.1.~~--~-~~-_?~~~3. ____·------·--·------·-·-···----·~----·-------···----J
l~;~~~;~-~~~~i~~p:J~:fs~~f~~~Kinney TX7usA~~~;r~-~~gin,9 ~!-~~~~--=~-====--=-1
:~·~="'===--7:".::::::===:-===·=""--====--==-:..-:-.:::.... _A.rticr0-~==P~-ri>ose-===:::.====--==::::=====.:..-:::==·~::=.:::--J ..
1
:----------·-----------------·--- -· ·- -·--·--·-.. -~· - · - --·- -;r-- --·--.. ------
Jfoepurpose for which the company is-organized Is for the transaction of any and all lawful business for which limiteCfl
: liability companies may be organized under the Texas Business Organizations Code. I

L:: ·:·~:·::::: ·::::: ....................................................................................................... ................................................................................................................... ....... .....................

! Tho ''"" od ''"'"'" m, If ooy, '' "'°"""'''' h&' '" by "''"ooo.]

•; . .. .. ··-~ ....·:-':·.
.: ·.·. .

. ·.,: .; .
Jc-·-===:====="::"'..::===::::.~======-==---=:-.::==~--==,==-::===--======:..-=======:::==~=.:=.o."]
![ . - . _ - . ·-· . _ . . - .. .Organizer .. .. -· - . ··-· .. :J
~ he name and address of the organizer are set forth below. . .
1~~31ter for Jeff Pickering CPA 6533 Preston Road Ste 300 Plano TX.75024
· · · · • ···· ,...,.. · .,,,.,.,..,,_
, ... ,; ·: .-.. .<
Effectiveness of Filing :. .;: .;.. ,,;;........ · .; ". ,.,,.. ~·.;,.,,...,· ··' .-,:..;. ·.... ._ .... !

ll'?.0..:..'!!1.!.~!:!_oc~~ent becomes effective when the document is Jiled by the sec~!~ry _of stat~----~---~J
: OR
! __ B. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its
!,!signing. The delayed effective date is:
. .. .............................................................. .. .................................................. ...................................... ........................................................................................................... ..

lC. . . . . . . . . .. .. . . . . . . . . . ....... . . ... . .. . . . . . . . . . . . .... . . . . . . . . . ~~~-~.~.!.i?..~ .....................................................:...................................................................1

:~e undersigned affirms that the person designated as registered agent has consented to the appointment. The
!undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or
j raudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of
: law governing the entity to execute the filing instrument. ·
iPulie Cater for Jeff Pickering CPA - ==1
i!SiQ!lature of Organizer =1
FILING OFFICE COPY
... - .. ·. ·

•' , '

·· .....

- ... .,
EXHIBIT 9
Information Provided To:

Agency: Civil Attorney

Requestor: E Sawyer Neely
Agent Address: 4400 Renaissance Tower
Bi lling City, State, Zip: Dallas, TX 75270-0000
Provided On: June 30, 2017

This is in response to the Subpoena, DC-16-15721, dated May 15, 2017, which was serve
requested Information for the subscriber associated with MSISDN: 9726249937.

!subscriber Details:
Subscriber Name JASON L FRANCE
Subscriber Address 4040 SPRING VALLEY APT 122
Subscriber Status Active
Subscriber Name Effective Date 10/06/2014

!Account Details:
Brand TMUS
Activation Date 10/06/2014
Termination Date
Account Name JASON L FRANCE
Account No 927508369
Account Effective Date 10/06/2014
Account Expiration Date

IDevice Details:
IMSI 310260874588905
MSISDN Expiration Date
MSISDN Disconnect Reason
MS ISDN No 9726249937
MS ISDN Status Active
MS ISDN Market DAT
MS ISDN Name JASON L FRANCE
SIM 8901260872745889053
IMEI 356420053024857
Begin Service Date 10/06/2014

IBilling Details:
Bill Name JASON L FRANCE
Bill Birth Date 03/28/1973
Bill SSN 450795982
Bill Cycle 16
Bill Address 4040 SPR ING VALLEY APT 122
Company Name FRANCE
Rate Plan FUTTVN
Rate Plan Desc SimpleChoice Va l FAM UnlTI~
 Contact 1
Contact 2 9729559236
Coupon
Last Refilled

IPorted Details:
Ported Carrier Regular
Information Provided To:

Agency: Civil Attorney

Requestor: E Sawyer Neely
Agent Address: 4400 Renaissance Tower
Billing City, State, Zip: Dallas, TX 75270-0000 Request Submission Response
Provided On: June 30, 2017

This is in response to the Subpoena, DC-16-15721, dated May 15, 2017, which was served upon T-Mobile US, Inc. You have requested information for the subscriber
associated with MSISDN: 9726249937. All times below are reflected in Coordinated Universal Time (UTC).

Date Time Duration Call Type Direction Calling Number Dialed Number Called Number Destination IMSI IMEI Completion Service Switch Name
Number Code Code

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 1 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 11/08/2016 19:50:35 33 mtc Incoming 12145621411 19726249937 19726249937 19726249937 310260495238427 355689073981560 Completed 02A;11 DATAS004
Successfully
11/08/2016 19:51:06 33 moc Outgoing 12145621411 18056377249 18056377249 18326309999 310260495238427 355689073981560 Completed 02A DATAS004
Successfully
11/08/2016 20:03:45 171 moc Outgoing 19726249937 12145621411 12145621411 12145621411 310260495238427 355689073981560 Completed DATAS004
Successfully

11/08/2016 20:46:40 5 moc Outgoing 19726249937 12145621411 12145621411 12145621411 310260495238427 355689073981560 Completed DATAS004
Successfully
11/08/2016 20:53:16 2 moc Outgoing 19726249937 12145621411 12145621411 12145621411 310260495238427 355689073981560 Completed DATAS004
Successfully

11/09/2016 02:01:32 4 moc Outgoing 19726249937 12145621411 12145621411 12145621411 310260495238427 355689073981560 Completed CHTAS003
Successfully
11/09/2016 02:01:50 1 moc Outgoing 19726249937 12145621411 12145621411 12145621411 310260495238427 355689073981560 Completed CHTAS003
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 512 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 11/10/2016 17:28:43 786 moc Outgoing 19726249937 12145621411 12145621411 12145621411 310260495238427 355689073981560 Completed CHTAS003
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 513 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 11/16/2016 03:39:06 82 moc Outgoing 19726249937 12145621411 12145621411 12145621411 310260495238427 355689073981560 Completed DATAS003
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 517 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 11/16/2016 16:58:17 moc Outgoing 19726249937 12145621411 12145621411 12145621411 310260495238427 355689073981560 Abnormal DATAS003
Completion

11/16/2016 17:40:59 5 moc Outgoing 19726249937 12145621411 12145621411 12145621411 310260495238427 355689073981560 Completed DATAS003
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 518 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 11/18/2016 14:15:12 3 moc Outgoing 19726249937 12145621411 12145621411 12145621411 310260495238427 355689073981560 Completed DATAS009
Successfully

11/18/2016 14:46:29 2 moc Outgoing 19726249937 12145621411 12145621411 12145621411 310260495238427 355689073981560 Completed DATAS009
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 521 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 12/05/2016 16:54:22 130 moc Outgoing 19726249937 12145621411 12145621411 12145621411 310260495238427 355689073981560 Completed TTTAS005
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 538 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 12/10/2016 15:32:13 3 moc Outgoing 19726249937 12145621411 12145621411 12145621411 310260495238427 355689073981560 Completed CHTAS003
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 542 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 12/10/2016 16:09:05 984 mtc Incoming 12145621411 19726249937 19726249937 19726249937 310260495238427 355689073981560 Completed 11 CHTAS003
Successfully
12/10/2016 18:53:51 2 moc Outgoing 19726249937 12145621411 12145621411 12145621411 310260495238427 355689073981560 Completed CHTAS003
Successfully
12/10/2016 21:17:46 18 mtc Incoming 12145621411 19726249937 19726249937 19726249937 310260495238427 355689073981560 Completed 11 CHTAS003
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 543 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 12/12/2016 18:57:02 357 mtc Incoming 12145621411 19726249937 19726249937 19726249937 310260495238427 355689073981560 Completed 11 PXTAS002
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 544 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 12/14/2016 22:23:10 19 mtc Incoming 12145621411 19726249937 19726249937 19726249937 310260495238427 355689073981560 Completed 02A;11 CHTAS004
Successfully
12/14/2016 22:23:40 19 moc Outgoing 12145621411 18056377249 18056377249 18326309999 310260495238427 355689073981560 Completed 02A CHTAS004
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 547 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 12/15/2016 20:26:06 104 mtc Incoming 12145621411 19726249937 19726249937 19726249937 310260495238427 355689073981560 Completed 02B;11 TTTAS005
Successfully
12/15/2016 20:26:07 104 moc Outgoing 12145621411 18056377249 18056377249 18326309999 310260495238427 355689073981560 Completed 02B TTTAS005
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 548 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 12/16/2016 01:56:52 16 mtc Incoming 12145621411 19726249937 19726249937 19726249937 310260495238427 355689073981560 Completed 02A;11 DATAS009
Successfully
12/16/2016 01:57:21 16 moc Outgoing 12145621411 18056377249 18056377249 18326309999 310260495238427 355689073981560 Completed 02A DATAS009
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 549 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 12/16/2016 17:11:15 8 mtc Incoming 12145621411 19726249937 19726249937 19726249937 310260495238427 355689073981560 Completed 02A;11 TTTAS005
Successfully
12/16/2016 17:11:45 8 moc Outgoing 12145621411 18056377249 18056377249 18326309999 310260495238427 355689073981560 Completed 02A TTTAS005
Successfully
12/16/2016 17:21:56 14 moc Outgoing 12145621411 18056377249 18056377249 18326309999 310260495238427 Completed 02A TTTAS005
Successfully
12/16/2016 17:21:56 mSTerminating Incoming 2145621411 19726249937 310260495238427 355689073981560 Abnormal 11 SPMSS346
Completion
12/16/2016 18:06:05 444 moc Outgoing 19726249937 12145621411 12145621411 12145621411 310260495238427 355689073981560 Completed DATAS004
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 550 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 01/06/2017 00:18:16 22 mtc Incoming 12145621411 19726249937 19726249937 19726249937 310260495238427 355689073981560 Completed 02B;11 NVTAS009
Successfully
01/06/2017 00:18:16 22 moc Outgoing 12145621411 18056377249 18056377249 18326309999 310260495238427 355689073981560 Completed 02B NVTAS009
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 571 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 01/09/2017 23:08:51 19 mtc Incoming 12145621411 19726249937 19726249937 19726249937 310260495238427 355689073981560 Completed 041;2A;11 TTTAS005
Successfully
01/09/2017 23:09:20 19 moc Outgoing 12145621411 18056377249 18056377249 18326309999 310260495238427 355689073981560 Completed 02A TTTAS005
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 575 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 01/26/2017 23:54:05 19 mtc Incoming 12145621411 19726249937 19726249937 19726249937 310260495238427 355689073981560 Completed 029;11 CHTAS004
Successfully
01/26/2017 23:54:20 19 moc Outgoing 12145621411 18056377249 18056377249 18326309999 310260495238427 355689073981560 Completed 29 CHTAS004
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 587 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 Successfully
02/04/2017 00:30:31 34 mtc Incoming 12145621411 19726249937 19726249937 19726249937 310260495238427 355689073981560 Completed 029;11 CHTAS004
Successfully
02/04/2017 00:30:42 34 moc Outgoing 12145621411 18056377249 18056377249 18326309999 310260495238427 355689073981560 Completed 29 CHTAS004
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 592 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697
 02/22/2017 01:29:34 53 mtc Incoming 12145621411 19726249937 19726249937 19726249937 310260495238427 355689073981560 Completed 02A;11 DATAS009
Successfully
02/22/2017 01:30:04 53 moc Outgoing 12145621411 18056377249 18056377249 18326309999 310260495238427 355689073981560 Completed 02A DATAS009
Successfully

Information Provided By:

T-Mobile US, Inc. 4 Sylvan Way, Parsippany, New Jersey 07054 Page: 606 of 667
Law Enforcement Relations Tel: 866-537-0911; Fax: 973-292-8697