Transcript of Melissa Kingston, afternoon session, Kingston v Adelman, 1/8/2013

7/29/2019 Transcript of Melissa Kingston, afternoon session, Kingston v Adelman, 1/8/2013

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Melissa Kingston, Deposition 1/9/2013 - Part 2/Afernoon Session

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M2U00082 00:00

Justin Ms. Kingston, directing your attention to Deense Exhibit 5, on the third pagethere is a phrase highlighted that we talked about at length early in the deposition,regarding Maxine Aaronson, do you see that?

Melissa I do.

Justin And do you see the line above that, where it says that and or those who have livedhere a number o years let me sh--, review this quote rom another neighbor and itlooks, does it appear that hes quoting another, that Avis quoting another neighboror that thats his statement himsel? .

Melissa yea-I mean he says its quoting another neighbor.

Justin Yeah, but you dont believe him?

Melissa I dont know?Justin Dont know-but you even in that context you still ound that to be threatening? .

Melissa I do.

Justin Moving on to what Ive marked as Deense Exhibit D, I am sorry Deense Exhibit6, which I will represent to yoursel and counsel. Tat it was exhibit D, thedeendants Motion to Dismiss, based on the empty spots last year. Can you tell mewhat you identiy this email to be? Im sorry, what this document is? Te exhibit,what it appears to be.

Melissa It appears to be an email sent on September 9, 2012, rom the melissakingston.com domain to individuals at or af liated with Wal-Mart and by and copied to WillShort.

Justin And can you review and see i you nd anything that you nd to be deamatory orderogatory.

Speakers.

Justin Nichols Attorney or Avi S. Adelman, Deendant

Melissa Kingston Plainti

Ryan Lurich Attorney or Planti


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Melissa I ound the paragraph that starts with, Melissa goes on to complain, to bederogatory.

Justin Now do you think---.

Melissa And I think the entire tone o his email is derogatory and deceptive.

Justin I have this pen marked as Deense Exhibit 7. Can you tell me what you recognizethis, oh Im sorry i can I go back to Deense Exhibit 6, how is that email signed? .

Melissa Avi.

Justin Lets go to Deense Exhibit 7, can you tell me what you recognize this to be? Yourhonor, I present Deense Exhibit E the deendants Motion to Dismiss on the basiso the anti-SLAPP statute.

Melissa I am not sure I recognize it to be anything since I was neither the sender nor

recipient o it, but it appears to be an email sent rom my domain name.Justin And were you aware o this email when you led the lawsuit.

Melissa I cant remember.

Justin All right and how is the email signed?

Melissa Avi.

Justin And do you recognize anything in this to be derogatory or deamatory?


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M2U00082 05:20

Melissa Yeah, I think the characterization o the lights at the subject Wal-Mart is derogatoryand untruthul, and I think that the statement that Wal-Mart, respect dead peoplein the cemetery more than living people on Belmont Avenue is the same. .

Justin And do you think people thought that you were saying these things?

Melissa I think they could have or that I endorsed it.

Justin Are you aware o any instance where they actually did believe that you endorse that?

Melissa I dont remember the specic emails that people talked to me about...

Justin Okay and were you already aware, where is this, how is this email.

Melissa Im sorry there one is other thing.

Justin Aw yes Im sorry.

Melissa I nd his characterization or his alterizationalterization, (is that a word?)altering o the Wal-Mart logo to say, Wal-Mart screwing neighborhoods one houseat a time to be very oensive. I think it is also derogatory and deceptive. And itssigned by Avi.

Justin Ok.

Melissa And its unb. (Inaudible).

Justin: And is there anyone else that has used this logo except Avi that you are aware o?

Melissa Not that I am aware o.

Justin Ok. And its signed by Avi, is that what you said?

Melissa It is.

Justin Ok. Lets go to Deense Exhibit 8 which I will represent as exhibit F, (inaudible),can you please tell me what it appears to be to you? .

Melissa It appears to be an email sent on September 10, 2012 rom my domain rom anundisclosed list.

Justin And again, I want to talk about your say your domain on November 10.

Melissa Its in my name.

Justin But you did not own that domain name?

Melissa I did not.


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Justin Ok, all right, and can you identiy any portion o this that is derogatory.

Melissa I think the characterization o Wal-Marts lighting is derogatory, I think thecomments about Wal-Mart respecting dead people more than living ones isderogatory. I think the use o the phrase, we hit their hot buttons today, I

encountered a manager and I sincerely hope he is not the store manager, I thinkthat is derogatory. I think the description about his attitude is derogatory.

Justin Wait.Im sorry go ahead I see what you saying.

Melissa I think the comment, Wal-Mart has not been orthcoming with inormation, isderogatory. In act I think that entire paragraph is derogatory. And o course I thinkthe altering o the Wal-Mart logo is derogatory.

Justin And how is this email signed?

Melissa Avi.

Justin Can you look at exhibit 9..Motion to Dismiss, can you tell me what this appears tobe to you?

Melissa It appears to be an email sent under my domain name on September 10, 2012 topeople at or af liated with Wal-Mart and BCC (d) to a number o people.


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M2U00082 10:00

Justin And is there anything in this that is derogatory in your opinion?

Melissa Yeah, I think the rst; I think all three paragraphs are derogatory and I thinkthe altered Wal-Mart logo, screwing neighborhoods, one house at a time, is

derogatory.

Justin What is derogatory about the ollowing, or any discussions regarding Wal-Mart tobe held between Wal-Mart and its representatives and sta members with the cityand its various departments. Tat rst paragraph, whats derogatory about that?

Melissa I think that directive is impliedly derogatory about me and the work I was doing onbehal o all the neighborhood associations, especially when read in context with theollow-, with the last paragraph.

Justin Okay, and uh.

Melissa And its, go ahead.

Justin So it, by saying someones not authorized to speak on my behal implies in youropinion that that persons work is inadequate.

Melissa It does, and he didnt just say not authorized to speak on my behal, he said, he hadsaid that on behal o other neighbors as well.

Justin Assuming that they gave him permission to that say, is that derogatory? Is that whatthat means? I mean, it doesnt say that your work is subpar anywhere in here does it?

Melissa It says that I am, it says that I am not authorized to speak on behal o theneighborhoods.

Justin Well no it says that.

Melissa Tese above reerenced property owners, which was not true.

Justin So the above reerenced property owners, so which property owner thats reerencedabove did you actually have permission to speak on behal o?

Melissa I had permission on behal o the Salvaggios and Mr. Davidson.

Justin And so its your contention that Mr. Adelman just made that up.

Melissa I dont believe it to be true.

Justin So theres something you believe to be untrue and the rest o it is impliedlyderogatory in your opinion.

Melissa Yeah, I mean the style o his communication is part o the problem.


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Justin So you dont like how he writes?

Melissa I dont like his tone.

Justin Okay.

Melissa I dont like his directives and I dont like him including alse inormation in hiscommunication sent under my domain name.

Justin And again your domain name, you did not own it when this was sent?

Melissa I think weve established that, Justin.

Justin: You keep calling it your domain name.

Melissa Its because its my name.

Justin Okay.

Melissa Its my name.

Justin So in any o the emails that weve seen, that I presented to you are there any otheremails that are you aware were sent rom the domain name.

Melissa I dont remember.

Justin Is there any name calling in here? Can you recall seeing, do you recall any names .

Melissa I you would like me to answer that question, I would have to look through themagain; otherwise I can say I dont remember. I you want me to specically look at

the documents and then give you an answer, Im happy to do that.Justin Why dont you look at them.

Melissa I believe exhibit 5 implies that I would do something unethical because my husbandmay have been running or city council or was discussing running or city council atthe time.

Justin But, thats not name-calling.

Melissa I think its name-calling.

Justin So you can impliedly call someone a name?Melissa I think hes done exactly that.

Justin Very good. Anything else?

Melissa You want me to continue looking or what?


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Melissa I think there is name calling with Wal-Mart in several o these. I mean the alteredlogo is name-calling.

Justin Okay, anything else?

Melissa ....

Justin What name is that? What.

Melissa He said, Wal-Mart screws neighbors, neighborhoods one house at a time. Tatsname calling.

Justin Okay.

Melissa Tats all I can see at this time.

Justin So it was implied that you were unethical and then you consider the alternating othe Wal-Mart logo to be name-calling?

Melissa I think theres some other name calling o Wal-Mart in there.

Justin Okay, did you identiy anyone using the word liar in there? You just reviewedthem.

Melissa No (sounding unsure).

Justin: In your petition it says, in paragraph 14 that these emails containing calling accusingpeople o being quote, liars. I was just wondering in your review o the emails didyou, just now, did you see the word, liar, used anywhere or liars..

Melissa I youve got the email that was actually attached, the emails that were actuallyattached to my petition I would like to take a look at those, but I didnt see, I dontremember seeing that in the emails youve handed me so ar, although its certainlyimplied.

Justin Implied, okay. I am going to hand you now what is called Deense Exhibit 11 itwas exhibit A to the plainti s Motion to Dismiss, would you review it and tell mewhat it appears to be to you. And or the record, theres a Deense Exhibit 10 that Iam not admitting, but will probably skip over or right now.

Melissa It appears to be an email rom you to me dated or September 15, 2012.


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M2U00082 20:00

Justin Do you remember talking with me on September 14, 2012?

Melissa Hmmno.

Justin You dont remember us, the rst time we talked, when I introduced mysel?

Melissa I dont remember it.

Justin So how do you think I got your email address?

Melissa I dont know, how did you get my email address?

Justin Ill tell you that you told me what it was, but do you remember telling me what itwas?

Melissa I dont.

Justin Hum, do you remember receiving this email?

Melissa Uh, yeah, I do.

Justin And, what did we oer in this email?

Melissa Hum, you, let me see here, I mean I think the email speaks or itsel. Do you wantme to read it? .

Justin What is the gist o the oer? Whats the gist o the email? In your opinion?

Melissa It says that Mr. Adelman would agree to surrender the domain Melissa Kingston,

although its misspelled to me.

Justin Im sorry.

Melissa And he would agree not to use it during the time period it took to transer it to me,i I would agree to dismiss the lawsuit with prejudice.

Justin And, at the time I sent this email, this email was sent three days aer you led suit,is that right?

Melissa Yes.

Justin And it was sent to you about eight days aer Mr. Adelman, do you believe Mr.Adelman purchased the domain names on September 7th.

Melissa Sounds right.

Justin So, throughout the deposition youve been saying its my domain name, all this, doyou recall saying that a ew times and we talked about that. Why would that notsatisy you? What else did you want?


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Ryan Objection. I am going to instruct her not to answer that question.

Justin On what basis?

Ryan Objection, orm, and Im going to instruct her not to answer that question.Its not a act in the case. And youre trying to, to discover what her settlement

strategy or this case, and I think thats attorney work product and attorney clientcommunication privileged inormation. Asking her what would she would want andwhat would satisy her in order to settle this case, I dont think that is appropriate ora deposition. You can, you can address your settlement inquiries to me, but i youwant to ask her actually i that.

Justin What are your goals or this litigation? .

Melissa Tats the same question.

Ryan We are not going to answer that, thats attorney work product and attorney client

privilege inormation.

Justin Whats the relie you are requesting? Te petition is in ront o you i you need toreview it.

Melissa Te petition speaks or itsel.

Justin And could you restate it or me?

Melissa Te current petition on le seeks, loss o use o the name Melissa Kingston, a losso identity and reputation, mental anguish, humiliation, rustration, and severe

embarrassment.Justin No, those were the causes o action.

Melissa No, actually thats damages.

Justin Okay, so youre asking or damages.

Melissa Correct. And Im asking or a permanent injunction.

Justin And what is the permanent injunction you are asking or?

Melissa It doesnt say. Te pleading says, that Mr. Adelman, being enjoined, and allagents and representatives, servants, employees, af liates, and anyone with actualconstructive knowledge o this injunction be restrain rom directly or indirectlyengaging in the ollowing acts; and then they are listed a thru h. In the petitionhum, I am also asking or a declaratory judgment and I am also or recovery o myattorneys ees, cost o suit, supreme post judgment interest, whatever other relie atequity or at law that I would entitled too.


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Justin So a declaratory judgment youre asking the court to declare that you have a right tothe domain name?

Melissa I asking the court to declare whatever it says in the petition in paragraphs 44 thru46.

Justin Youre asking the courts to declare your rights relating to Melissa Kingston.com isthat right? In paragraph 45?

Melissa Tats not a direct paraphrase. I am going to stick to with whats in paragraph 44through 46.

Justin So how does transerring the domain names, not give you the right to manage andhave, and hold and do all those things you have asked the court to do anyway?Whats the dierence between them?


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M2U00082 24:45

Melissa I dont understand the question.

Justin Whats the dierence between a declaratory judgment and let me ask you this. I youowned Melissa Kingston.com would you be asking or a declaratory judgment?

Melissa I youre oering to stipulate to the declaratory judgment, Im sure theres somethingwe can work out, but I mean I dont .

Justin My question is how do you want to declaratory judgment, how does the transer othe domain name i Mr. Adelman gave you the domain name not achieve the goal,the same result as a declaratory judgment would result in?

Melissa I am also seeking attorneys ees.

Justin I know, but just the declaratory judgment.

Melissa It just doesnt.

Justin Its not the same.

Melissa It does not request the entire relie requested in, under my application ordeclaratory judgment.

Justin But it might address the declaratory judgment, but not the rest o your petition.

Ryan Objection.

(Unknown) Overruled.

Justin Is that what you are saying?

Melissa No, thats not exactly what I am saying.

Justin So what are you saying exactly.

Melissa I am not sure what your question is exactly. Can you say it again?

Justin My question is, does transerring the domain name, would transerring the domainname render a declaratory judgment?

Melissa No.Justin Why not?

Melissa Because it doesnt address the remainder o the things I have asked or under myapplication or declaratory judgment, including attorneys ees.

Justin And you asked the court to declare that you are the rightul owner o the domainname Melissa Kingston.com, is that right?


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Melissa Correct?

Justin And does the oer made by Mr. Adelman achieve that goal? Maybe not other goals,but that goal, does it achieve that goal?

Melissa No.

Justin Why not?

Melissa Because the oer made my Mr. Adelman includes me dismissing my lawsuit withprejudice and i you take his oer in totality, it does not achieve what I am seekingto achieve with the declaratory judgment.

Justin Would there be any need or injunctive relie i you owned the domain name?

Melissa Yeah, I think there is.

Justin How so?

Melissa Hes also enjoined rom, I dont have, you know what give me the current agreedtemporary injunction and I can tell you how its dierent. (Justin talking in thebackground).

Justin At this point youre asking or a permanent injunction not the agreed temporaryinjunction. I have no interest in that becoming permanent; Im just asking what youhave applied or in your petition. I mean is it your intention that hes barred romyour lie, rom coming within 1,000 eet o your residence. Are you listening?

Melissa I am seeking a permanent injunction that would address his ability to come within a

certain proximity o my home.

Justin How ar?

Melissa Te petition says whatever it says, i that was in eet.

Justin Are you still requesting it?

Melissa You know, its what my petition says.

Justin So it is 1,000 .? But it does, it would keep him rom posting any content on thewebsite Melissa Kingston.com wouldnt it?

Ryan Objection.

Justin Would transerring the domain name Melissa Kingston.com to you, would, thatwould inherently prevent his rom posting content on the website, wouldnt it?


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Melissa I dont know because Im not as well versed in how website works as Mr. Adelman,and I dont know what rights an owner has verses what rights an administrator ormanager has. He used a lot o terminology yesterday where he was talking aboutbeing the administrator o websites or domains and being managers, and so I dontknow how you merge all that stu together.

Justin Alright.

Melissa I that makes any sense.

Justin But in the gist, the reason that you did accept the oer that I sent you was because itall the relie that you were seeking in your petition.

Melissa Te reason I didnt accept this is because it is not satisactory.

Justin And, do you not say earlier that it didnt address all the relie that you are requesting,or example all o the declaratory relie like attorneys ees, and all that.

Melissa It also doesnt address all o the requested relie in the petition.


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M2U00082 29:45

Justin Do you expect the court to give you anymore relie than you are pleading or?

Melissa I dont know. I mean I plead or any such urther relie to which Kingston may beentitled at law and equity whether plead or or unplead. So I, you know, I dont have

an answer or that.

Justin How many times have you seen courts to grant relie thats not plead or.

Ryan Objective orm argumentative.



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M2U00083 00:00

Justin In your entire practice can you recall a single instance in which a court granted reliethat wasnt prayed or, that wasnt overturned on appeal?

Melissa In my practice i I have seen that it likely been in the representation o another client

and I am not going to divulge that clients attorney client privilege.

Justin No, I certainly dont want to know the name o the client, I am just saying theprocedural.

Melissa I dont think I can answer that without giving it out so. I you want to ask somethingthat non-argumentative, go ahead.

Justin Wait, Im sorry my question was in your practice have you every observed a courtwhether it be your client, or someone elses client or in the back o a court roomor reading case law, ever seen, excluding any privilege communications, seen an

instance where a court granted relie that was not prayed or in the suit.

Melissa I dont know.

Justin You dont know?


Justin You dont recall?

Melissa I dont know Justin, thats my answer.

Justin Tis has been marked as Deense Exhibit 12, what do you recognize this to be,what does this appear to be?

Melissa It appears to be an email I sent you with somebody elses handwriting on it, notmine.

Justin I now to stipulate that counsel is willing to that I made those notations on thecontext o attaching this email, to the Anti-SLAPP Motion to Dismiss which laterbecame the subject to the plaintis Motion to Exclude Settlement Negotiations.

Melissa I am not going to stipulate to anything, but you can make whatever representation

you want to.Ryan Yeah, thats representation you want to make thats ne.

Justin Do you send me this email?

Melissa I did.

Justin And you sent it on what day?


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Melissa September 18th.

Justin: And did anything in particular happen on September 17th.

Melissa I dont know it was Monday. Not that I know o.

Justin Anything o note to a member o your amily.

Melissa I dont know what you are getting at Justin.

Justin What there any major lie event that happened to you or a member o your amilyon the 17th o September?

Melissa Not that I can think o.

Justin For example, did a member o your amily decided to le a campaign treasurerappointment or Dallas City Council to day beore you sent this?

Melissa Okay, i you say so, I dont know. I dont know what date he led that.

Justin Ill just give you what has been marked as Deense Exhibit 10, what does this appearto be to you?

Melissa I dont know, I have never seen this. Its a titled appointment o a campaign treasureby candidate.

Justin You havent seen the pleadings, did you see the Motion to Dismiss it that was led?

Melissa Oh, it is attached to that?

Justin It is.Melissa I dont remember seeing it, lets put it that way.

Justin Whats the le date?

Melissa September 17th.

Justin And is it your testimony that on September 17th, were you aware that PhilipKingston was running or Dallas City Council?

Ryan Objective, I am going to instruct the witness that you can answer that question to

the extent that youre not violating a husband/wie privilege.Melissa I cant answer that question.

Justin Did you receive any phone calls rom riends congratulating you or mentioning aorm o candidacy or city council on the 17th.

Melissa No.


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Justin So its your testimony that until this was led, on a Motion to Dismiss you had noidea this document existed.

Ryan Same instruction.

Melissa I cant answer that.

Justin: Wait, I am going to press that a little bit, asking whether she knew the documentexisted has nothing to do with the disclosure o communication between, Im notasking her did Mr. Kingston show you this, did .

Ryan Youve asked it in a clever ashion, but the answer may still derive rom acommunication she received rom her husband and thats privileged.

Justin Her awareness o the existence o a document?

Ryan I her awareness o came rom and I dont know the answer to this question, but i

her awareness came rom a communication with her husband it is privileged.Justin Are you opposed to giving a ruling on that real ast?

Ryan Its your deposition.

Justin On September 17th, did you know Philip Kingston was running or city council?

Ryan Instruct the witness, i you can answer that question without violating the husband/wie privilege, then you can answer it.

Melissa I cant answer that question.


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M2U00083 05:00

Justin So i there was no, i there was no and this is interesting because i there was noanswer to that question except an answer that would violate the husband, thespousal privilege, then I would, would I be incorrect in assuming then that hum, the

conversation you admitted to having with Angela Hunt and Paul Sims, about Mr.Kingstons candidacy occurred aer that?

Melissa I dont remember when I talked to them.

Justin So are you aware on the 17th , then you can answer whether or not you are aware oit, a candidacy on the 17th in any orm, even though its a limited objection, isnt itcounsel.

Ryan Ive made my instruction to my client.

Justin Wait so, Im just trying to make sure i there was, or the record o Angela Hunt

called on September 16th to say congratulations on Philip ling or city council. Youwould not objection to that.

Ryan You havent even ask that question.

Justin So did Angela Hunt called you on September 16th.


Justin You dont remember? When was the rst time, this is a publicly reported documentwas it not?

Melissa I have no idea. I, its le marked, so .

Justin From whom?

Melissa City secretary.

Justin And in your practice o law or in your knowledge as an attorney are documentsled with city secretaries particularly campaign documents subject to the publicinormation act.

Melissa I dont know the answer to that Justin, I would assume since you got it, somehow

that you got it through some sort o public means; in act I think I heard yesterdayAvi say something about that. I dont .

Justin So my question is when did rst become aware o this document in a non-privilegedway. I mean i youve seen it today, it isnt privileged, so is today the rst time youveseen it.

Melissa oday is the rst time I remember seeing it. I you say it was attached to a pleadingthen I probably saw it beore and I just dont remember.


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Justin Lets go back to Deense Exhibit 12. Ive highlighted the important portions thatI would like to discuss, lets talk about. Now do you remember talking to me onSeptember 15th, the day that we had that hearing, the very rst time on this case?

Melissa I dont.

Justin Do you remember ever saying to me, that youre looking or a more global solution.Do you remember using that term?

Melissa No.

Justin Are you interested in a global solution through this lawsuit?

Melissa I dont know what youre talking about Justin.

Justin Alright. Whats number 1C there on exhibit 12?

Melissa It says turnover the administration and registration o the domain Philip Kingston.

net, and Philip Kingston.org, to Philip Kingston as soon as quickly at his expenses.

Justin Did you request that in your lawsuit?

Melissa No, I did not.

Justin And do you expect the court to grant that?

Melissa Not as it is currently pleaded.

Justin Any plans to amend that?

Ryan Objection, instruct the witness to not answer that question.Justin Did you have authorization to make this demand on anyones behal ?

Ryan Instruct the witness not to answer that on the grounds that it would violate thehusband/wie privilege.

Justin Or maybe his mom asked her too.

Melissa I cant do that question without violating the privilege.

Justin 1D, what is that one?

Melissa o redirect Philip Kingston.net and Philip Kingston.org to Yahoo.com with a searchor Philip Kingston in the meantime.

Justin And did you ask or that in your lawsuit?

Melissa I dont believe I did.

Justin And did you have authorization rom anyone to make that demand?


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Ryan Instruct the witness to not ask that on the ground as it would violate the husband/wie privilege.

Justin Can you answer it, her mom might have told her that and thats not privileged.

Ryan Tats not a question to me, Im not being examined here, I get to given the witness

my instruction to the question, pending i you have a dierent question, then wewill see where that leads to.


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M2U00083 09:50

Justin Did anyone besides Philip Kingston tell you to make this demand in 1D?

Ryan Instruct the witness not to answer that question on multiple grounds that it wouldpotentially violate the attorney client privilege, as well as the husband/wie privilege.

Justin Did anyone besides Philip Kingston or a member o your legal team direct you tomake this demand, or authorize you to make this demand?

Ryan Same objection, same instruction. She cant answer that question without divulginghusband/wie privilege or attorney client privilege communication.

Justin I said-.

Ryan Either way she answers it that divulges some type o privileged inormation. So thequestion is not subject to being able to be answered without violating the privilege.

Justin So you are saying i I asked i anyone tell you to make this demand besides yourlawyer or husband.

Ryan A no answer would imply then that the husband gave authorization, so she is notanswering it; and a yes answer would mean that she is taking instructions romsomeone that probably has the authority to give that instruction. So she is notanswering that question.

Justin What is not that a air question to ask?

Ryan I dont think it is, thats way I have instructed my client not to answer it.

Justin Whats G?

Melissa G states not to ever register or use in any ashion the name o any amily or anymember o my amily; including Philip Kingston and his law rm, or any iterationthereo as part o a domain name, email address, or other similar communicationtools.

Justin So you were making a demand or/ to include Philip Kingston and his law rm. Isthat right?

Melissa Tats what it says.Justin Are either one o them part o the lawsuit? Mr. Kingston or his rm, his entities?

Melissa Are you asking me i they are parties to the lawsuit?

Justin Uh-huh.

Melissa Not right now.


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Justin Did you ask orso the answer is no? Right?

Melissa Tats right?

Justin Did you ask or this relie in this petition?

Melissa Not specically.

Justin Not specically?

Melissa No.

Justin So, all this stu, it is your contention that all this stu is in that mother covered inthe I pray or any other relie, plead or unplead, that it might all under that portiono your petition?

Ryan Objection, orm.

Melissa I didnt say that. Tis is a settlement oer.

Justin I understand that.

Melissa Tis is not a recitation o the relie I requested in the petition.

Justin So what I am curious ask is what goals through your lawsuit does this accomplish?You said, you testied previously that you are seeking damages, injunctive relie,declaratory relie, and attorneys ees. Which one, are there any other goals you aretrying to achieve through the lawsuit?

Melissa I plead or the relie I requested.

Justin Tat was not my question.

Melissa Okay, then I dont understand your question.

Justin You have sought injunctive relie, correct?

Melissa I have.

Justin And have you sought declaratory relie?

Melissa I sought a declaratory judgment.

Justin Declaratory judgment, and have you sought attorneys ees?

Melissa I have.

Justin And have you sought damages?

Melissa Yes, I have.

Justin And my question to you is which one o those things, those our things, are yourequesting anything else through your lawsuit?


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Melissa I think so, Id have to go back and look at it, but I mean whatever I have requested isin the lawsuit.

Justin I know, that why I asking I mean that is why I deposition, so i you will look and seewhat else is there.

Melissa Sure. I have also request cost o suit, pre-imposed judgment and interest.

Justin And are the domains, Philip Kingston.net and Philip Kingston.com.

Melissa And excuse me, exemplary damages.

Justin Exemplary damages. Are they relating to just your domain name or anyone else?

Melissa Te exemplary damages?

Justin Uh-huh.

Melissa Its related to the pleading too, yes.

Justin Just or you?

Melissa Im the only plainti.

Justin So which one o those things do they domain name Philip Kingston.net and PhilipKingston.org all under?

Melissa Which one o what things?

Justin Te things that, the relie that your seeking.

Melissa I dont understand your question. Can you restate it?


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M2U00083 15:00

Justin You testied that youre seeking exemplary damages, cost o suit, cost o litigation.

Melissa Okay.

Justin Injunctive relie, damages, and a declaratory judgment. I you were to be awardedthe domain name Philip Kingston.com, Philip Kingston.org, under which categoryo the relies would you press, would such an award or judgment all under.

Melissa I am not sure it would all under any o those.

Justin Looking at deensive exhibit 12, paragraph M, what is that?

Melissa It says not to publish in writing or on the internet disparaging statements aboutme, my law rm, members o my law rm, and/or my amily including and withoutlimitations my husband Philip Kingston.

Justin Now you contend that, is it your intention to quash any o Mr. Adelmans reespeech, reedom o the rst amendment right through the use o this lawsuit? .

Melissa No.

Justin Now, do you think prohibiting someone rom writing disparaging statements abouta city council candidate , imminent , or an of ce holder, i a court entered thatjudgment would that be a violation o the rst amendment right.

Melissa It would depend on the circumstances.

Justin Do you think people are going to write, I mean being aware Mr. Adelman doesntsupport your husband running or city council.

Melissa I think hes made that airly clear.

Justin Make it a record, why did you make this demand?

Ryan Objection.

Justin Tis goes to intent, I think the court has already ruled on this, Ryan.

Ryan No, I dont think the court has ruled on that. I think that question involves an

amount o attorney client work product inormation and privilege communication.Justin So is that your instruction that she not answer?

Ryan Yes.

Justin Shouldnt Mr. Adelman be able to write about your husbands candidacy or citycouncil i he chooses?


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Melissa I dont know how to answer that, I am not aware o anything that prohibits him romdoing it right now.

Justin In an ideal world would you like that?

Melissa I dont think anybody would.

Justin I mean in that ideal world, would you like to see Mr. Adelman be contractually, orby court order, enjoined rom writing anything disparaging about your husband.

Ryan Objection.

Melissa I dont know how to answer that question. I dont know how to answer thosequestions. You asked me more than one.

Justin ell the jury, what you meant by number M, or by paragraph M.

Ryan You can answer it, what you meant by it.

Melissa I meant what it says, a non-deamation, I mean a non-disparagement clause in thesettlement agreement.

Justin What it your intent to not disparaged one another over uture conduct or just pastconduct or what was the scope o that?

Melissa I think I thought about that...

Justin ....

Melissa And I suppose that could have been the subject o negotiation i it had gotten that

ar.

Justin Does Mr. Adelman.... Do I have a constitutional right to write my opinion about Mr.Kingstons candidacy or city council? You know what, thats probably conusing.Does ....


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M2U00084 00:00

Justin Reerring back to paragraph M on that Deense Exhibit 12,.

Melissa Yes.

Justin What does this paragraph have to do with this lawsuit? I any?

Melissa With this settlement, my goal is to try to buy the peace between my amily and Mr.Adelman. In my experience, you dont buy the peace very well, the next thing thathappens is everybody gets into mudslinging ght.

Justin Alright. I Mr. Adelman had agreed to this, do you think he still would have beenable to comment about opposing Mr. Kingston in his council race?

Melissa I think that would have been a matter o negotiation.

Justin I see. But i he had agreed to do it as exactly as it is written, do you think he would

have been able to?

Melissa I guess it probably would depend on the statements, I would certainly see a waythat he could violate, i he entered into this contractual provision and then said thethings that were disparaging about the specic people listed in that provision, thenyes, that could be a violation o the contractual provision.

Justin I see. And then going on to paragraph our on page three o this email you requestedthat Mr. Adelman release you and Mr. Kingston rom his law rm and your law rmand all the lawyers in your rm, why would Mr. Adelman release non-parties.

Melissa Again, I what I was attempting to do was buy the peace and not have the nextavenue or a ght with him.

Justin But you werent buying the peace, you wanted Mr. Adelman to buy the peace withpaying you $10,000 in the paragraph above, is that right?

Melissa I dont agree with that.

Justin You certainly werent agreeing to pay anything. Right?

Melissa I was giving up and compromising my claims in the lawsuit.

Justin I see. How much have you paid your lawyers or the representation in this suit?

Melissa I dont know the amount o attorneys ees have been incurred.

Justin Have you written any checks to Friedman and Feiger or another attorney in relationto your representation in this lawsuit?

Melissa I have and I dont remember how much that was.


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Justin Can you remember the date?

Melissa No.

Justin Can you remember i it was beore or aer the suit was led?

Melissa Aer.

Justin Have you written just one or more?

Melissa Tat I dont know. Id have to look.

Justin Have you made any credit card or automatic bank withdrawal payments toFreedman and Feiger?

Melissa No.

Justin Have you write a check to Freedman and Feiger.

Melissa I made a payment to Freedman and Feiger, but I cant remember i it was cash orcheck. It was to the law rm.

Justin And have you made any money withheld rom your paycheck rom Freedman andFiger in exchange to put towards the payment o legal ees in relation to this lawsuit.

Melissa Uh..no.

Justin Te payment that you made, or payments, do you remembering making a paymentor more than $10,000 or a single check or more than $10,000? .

Melissa No.Justin Do you remember making one or more than $100?

Melissa No. $100,000?

Justin No, $100?

Melissa No, I dont remember the amount.

Justin But do you remember i it was, did you write a check or $2.00? It was more like$2.00 wasnt it?

Melissa Justin, I dont remember the amount.

Justin I am trying to narrow it down to a range though.

Melissa Okay.


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Justin Okay, because theres going to be a reasonable range that we know. I mean it wasnta million, probably wasnt two, so what I am trying to narrow it down to the besto your memory, what within the range how you paid your lawyers? Tats a airquestion.

Melissa I dont know.Justin So you have no idea how much you have paid your lawyers?


Justin Is that because it is a nominal amount or is that because you write so many checksyou just dont remember?

Melissa I just dont remember, Justin.


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M2U00084 05:00

Justin Lets go back to your count one. Did you ever le a complaint with ICANN, aboutthe domain name? .

Melissa No, I havent.

Justin Do you know what the Internet Corporation or Assigned Names and Numbersotherwise known as, ICANN is?

Melissa No, I dont.

Justin Are you aware whether or not they have administrative procedure or resolvingdisputes over domain names.

Melissa I think I heard about that yesterday but Im not amiliar with that.

Justin Beore ling this lawsuit, did you ever contact Mr. Adelman to ask him to stop using

them?

Melissa No.

Justin Did you ever send a letter to him telling him to stop using them?

Melissa No.

Justin Did you ever consider any course o action other than ling this lawsuit; in order tosolve this without litigation? .

Melisa I dont understand your question.

Justin Did you consider any course o action other than ling a lawsuit, beore you actuallyled this suit?

Melissa Yes.

Justin And what were those courses o action you considered?

Melissa I considered ling a complaint with the police department, I considered ling acomplaint with the Federal Communications Commission.

Justin Okay.

Melissa I considered ling a complaint with the exas Attorney Generals Of ce.

Justin: Okay.

Melissa I think there two other governmental agencies that I considered ling a complaintwith.

Justin And did you ever le a complaint?


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Melissa I led a complaint with every one o those.

Justin Every one o those? Did you have a copy o those?

Melissa I have received certain conrmations, but I dont have any o it with me.

Justin Oh well I know you dont, but do you have copies or preps rom those governmentalagencies.

Melissa Some o it was online; I will have to look and see i I have a copy o it or i I just got areceipt.

Justin Did you receive a response rom any o them?

Melissa I have.

Justin Which one?

Melissa I received a noticed rom the AGs of ce and I dont remember what it said. And Ireceived a response rom the Dallas Police Department, and I received a responserom the Federal Communications Commission.

Justin And what, do you remember the content o any o those responses?

Melissa Te gist o the Dallas Police Department was this is not really something they aregoing to get involved in. Te Attorney General is investigating and the FederalCommunication Commission is investigating.

Justin I see. So they just sent letters saying we received your complaint and we going to

look into it or did they af rmatively say they were opening some kind o ormalinvestigation?

Melissa I dont remember what the AGs letter said; the Federal CommunicationCommission called and got a statement me and I sent them the lawsuit and I amwaiting to hear back rom them.

Justin And you have copies o those documents?

Melissa I havent thrown anything away, so to the extent I have a copy o it, I have it.

Justin And reerred to your count 1 Claim o Misappropriation o your name. Did Mr.Adelman use your name or likeness to promote his business or product?

Melissa Yeah he did.

Justin How so?

Melissa Hes in the business o i you ask him, o being a neighborhood activist and he usedmy name in order to deliver his messages to Wal-Mart and others.


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Justin So your, you believe that uh, his business on the conounds o my question was hisbusiness o being a neighborhood activist. So is that how you dene it?

Melissa I think thats one way he used it, yes.

Justin You believe you were identied on publication?

Melissa Yes.

Justin But the only way you were identied was the second part o the email address [email protected]?

Melissa He was using my domain name.

Justin Okay, but were you identied in the emails in anyway?

Melissa Some o the emails identied me by name.

Justin Tey reerenced you, but did they identiy you?

Melissa I dont understand the dierence.

Justin Did he ever sign an email that youve seen that said Melissa Kingston since yourname is Melissa Kingston.

Melissa Not in the emails youve shown me.

Justin Okay, and do you believe he received some benet or advantage?

Melissa Yes.

Justin How so?


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M2U00084 09:45

Melissa I think that he was attempting to and did interere with my negotiations withWal-Mart, put me in a bad light with Wal-Mart, and the other neighborhoodorganizations. And he was attempting to and did cause conusion, and cause people

to think or question whether I was sponsoring his communications.Justin And you believe that was a benet to him?

Melissa I do.

Justin Any monetary benet you think that he received?


Justin So the advantage with not have been like a competitive advantage in a businesssetting , but a competitive advantage in how seriously Wal-Mart took you in

negotiations, perhaps?Melissa Tats probably accurate.

Justin And what injury did you suer?

Melissa I dont understand your question.

Justin Did you suer any injury rom his use, rom the misappropriation o your name?

Melissa I you mean injury in a broad sense, yes.

Justin Did you suer any monetary injury?

Melissa I dont know i I know the answer to that yet.

Justin Do you have any evidence?

Melissa Other than he knows o, weve incurred attorneys ees and expenses in the litigation

Justin Okay.

Melissa And.

Justin Beore you led the lawsuit? You say that you damaged in your petition.

Melissa Yes, thats correct.

Justin So beore you led it, what injury had you suered or damages did you suer?

Melissa He had diluted my mark, he had disparaged me, he had used my name to disparageothers, potentially exposing me to liability, and he caused me mental anguish.

Justin But you testied earlier you dont recall being under any mental anguish September7th, 8th, 9th, and 10th.


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Melissa Tats not what I said.

Justin September 8th, 9th, 10th.

Melissa Tats not.

Justin Up until you discovered the email on the evening o the 10th. Is that an aboutaccurate recollection o your testimony? .

Melissa I dont think thats an accurate description o my testimony. What I said was until Iound out he was using my name, I couldnt associate any mental anguish with hisuse o my name.

Justin And my question was, were you suering mental anguish on September 7th throughthe time beore you discovered that it, that he had purchased the domain name,whether or not you could contribute it to cause o you suering any mental anguishat that time?


Justin But thats the end, you do remember when we talked about how you suered injuryrom any use, the misappropriation o the use o your name thats mental anguish isan element o, thats what your claiming?

Melissa It is an element.

Justin Is there a dollar amount or damages or misappropriation o name.

Melissa We can put a dollar amount on the damages and part o the cost associated with

attorneys ee and part association with the ees o litigation, I think it is within thejurys purview to dene mental anguish and other non-economic damages and.

Justin Have you suered any economic damages?

Melissa I dont know the answer to that.

Justin: Why not?

Melissa In part because discoverys been stated in this lawsuit since you led your Anti-SLAPP Motion a month aer it was led and I havent gotten to do the discovery I

would ordinarily do. I believe that I have lost the opportunity to do certain businesstransactions.

Justin So you believe that had I not led Anti-SLAPP Motion, you would have beendiscovered rom Mr. Adelman whether or not you suered damages?

Melissa No, No. I think I might have discovered it rom non-parties.

Justin I see. Do you have any guesses who those non-parties would be?


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Melissa I think that any discovery we would be planning on doing would probably becovered by the attorney work product privilege.

Justin Who are the non-parties, are there any non-parties, any persons who haveknowledge, pertinent knowledge about whether youve suered damages and to

what extent that are not a party to this lawsuit?Melissa I believe there are.

Justin Can you name those people?

Melissa I dont know that I could name all o them.

Justin Some o them.

Melissa Ask me the question again.

Justin Are you aware o persons with any knowledge o your damages or the extent o the

damages that youve suered as the result o Mr. Adelmans conduct that are not aparty to this suit?

Melissa I believe there are, and Im struggling with I dont know the name, I dont i I couldquantiy who they are at this time.

Justin Are they gamblers up in Oklahoma, are they people in a call center in India, arethey neighbors, are they co-workers, what class o people would you say they are,category o people.


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M2U00084 15:15

Justin Would you like me to restate it?

Melissa Yes, please?

Justin What category o people would you put, what category o people would you use todescribe the people who might have knowledge o damages?

Melissa I think they are people at Wal-Mart, I think they are business owners in and aroundLower Greenville, and I think there are neighborhood residents that are withincategories o people that might have that inormation.

Justin Is it your contention, that because you led this lawsuit or this ordeal has ensued,that has damaged you or that the emails are what caused the damage?

Melissa My contention in the lawsuit is that the emails and his use o my name is whats

caused the damage.Justin And that theres neighbors, business owners, and Wal-Mart employees who would

have knowledge and be able to testiy to that?

Melissa I think that right.

Justin Can you name any o the neighbors?

Melissa I think that the presidents o the homeowners associations would be on my list.

Justin Okay.

Melissa Tere may be some other neighbors, Id have to give it some thought, I havent giventhat much thought.

Justin Lets move on to count number two, Injury to Your Business Reputation, now um,you not sel-employed are you? Im sorry, are you sel-employed?

Melissa I do a number o things that are not af liated with my rm.

Justin When I asked you earlier at the beginning o this deposition do you practice law orany other person or entity or a ee and you said, no, do you recall that?

Melissa No.Justin So when you say business reputation, are you talking about your employer, or what

entity, including yoursel, who reputation are you talking about? Business reputationare you talking about?

Melissa I was certainly talking about my reputation.

Justin Yours as an individual?


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Melissa Correct.

Justin You contend that Freedman and Feiger has sustained any damages?

Melissa Were not pleading that at this time?

Justin oday as you sit here, do you believe that?


Justin Do you consider yoursel or the name Melissa Kingston.com amous anddistinctive? Do you consider it distinctive?

Melissa I do.

Justin Do you consider it amous?

Melissa I dont know, I dont know. How do you dene amous?

Justin How do you dene it, whatever denition-.

Melissa I think that the name is known and well-known in the Dallas Area, particularin the lower Greenville, and in other historic neighborhoods, with the DallasHomeowners League, with members o city sta, but i youre asking me do I thinkpeople would recognize it like Angelia Jolie, then no I dont think so.

Justin I wouldnt. Now you agree that the domain MelissaKingston.com didnt exist untilSeptember 7 when it was purchased or do you not agree with that?

Melissa Not that I know o.

Justin You dont agree with that?

Melissa No, I dont know that it had existed prior to that time.

Justin But did the mark, at what and thats what I want to ocus on when Im asking thisline o questions, I just want to ocus on MelissaKingston.com domain. and youconsider that domain to be a amous domain or do you not? .

Melissa No, I consider Melissa Kingston.

Justin Just the name?

Melissa Te mark.

Justin Just the name?

Melissa Correct.

Justin But is MelissaKingston.com a mark? Or is it a logo associated with this MelissaKingston? I mean how is this domain name unmarked is what I am asking?


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Melissa I dont, I dont know. I dont allege that it is. Melissa Kingston is the mark.

Justin And did Mr. Adelman use your mark, do you allege Mr. Adelman used your markor a commercial purpose?

Melissa I think that he did, and I think that he also used it or, never mind. Yes, I think he

did.

Justin Im sorry?


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M2U00084 20:00

Melissa I think he did.

Justin How so? What commercial endeavor was he engaged in?

Melissa By taking my mark hes prevented me rom having it and prevented people romcontacting me through it, and he has used it to urther his own agenda which youheard him testiy yesterday, he said hes a reelance guy that works or restaurantsand bars in the area, and I think he believes that using my name urthers hisreelance business.

Justin So you believe the reason he did it was to, that he bought the domain name was wasor commercial. For a commercially related motive; the purchase o the domain?

Melissa I dont know why he did it. He said he did it because he could.

Justin Do you have any, do you have any evidence that suggests that he obtain acommercial benet rom the use o the emails and the use o the domain name?

Melissa Only what Ive just got.

Justin And did he purchased the mark beore, not the mark, we dont concede that its amark but aer he purchased the domain name, what the domain already amous atthat time when he purchased it?

Melissa: Te domain amous, no I dont think so. It didnt exist.

Justin Lets go to count 3, the Common Law Mark, now what purpose are common law

marks?

Melissa I dont know. Youre asking me about legislative history or .

Justin What do you understand it to be, I mean it could be no right or wrong, what do youunderstand it to be?

Melissa I dont know. I dont know i I have an understanding o what it is.

Justin You sued or it so?

Melissa Yeah.

Justin So what is the common law mark?

Melissa My name is a common law mark.

Justin Okay, and what is a common law mark?

Melissa A name is an example o a common law mark.


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Justin So every person thats born immediately has a common law mark once its on thebirth certicate?

Melissa I dont know. I mean that sounds like a legal question I would have to research.

Justin Is the purpose o a common law mark to aid consumers in distinguishing goods and

services?

Melissa It sounds like a purpose.

Justin A purpose? Now beore Mr. Adelman bought it, had you attempted to use thedomain?

Melissa No. I dont think so.

Justin And had you ever attempted to purchase it?

Melissa No.

Justin Had you ever tried to see i it was even available or purchase?

Melissa Hmm, I dont think so. Not that I remember.

Justin So your employer is Freedman and Feiger, LLP, and you believe that i you haveMelissa Kingston .com they would, you would use that domain to reach out topotential clients, or consumers to retain your services.

Melissa My employer is Freedman and Feiger.com, and I believe that his commandeeringo domain prevents me using it, and prevents people rom getting in touch with

me because when you go to it , it goes it a dead website. And previous it was beingdirected to his Barking Dog; beore the injunction.

Justin Previous, as o September 7th.

Melissa Beore the court ordered him to stop.

Justin Do you have any evidence that someone might have tried to reach you throughMelissa Kingston.com and then they had to go an extra step or two eort to actuallyreach you?

Melissa I dont, I was told that people went to that website and that it was being redirected toMr. Adelmans.

Justin And why did they go to it?


Justin But I mean did they go to it because they received the email or .


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Melissa You asking me to speculate really why someone did that and I dont know theanswer to that.

Justin Do you have any greater right to the domain name Melissa Kingston than the manyother persons name Melissa Kingston?

Melissa I dont know the legal answer to that. I mean I think that calls or a legal conclusionand I dont know the answer to that.


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M2U00084 24:45

Justin Is there nothing in the temporary injunction prevents Mr. Adelman rom sellingor transerring the domain, or giving the domain to anybody is there? Tat you areaware o?

Melissa I dont have the injunction in ront o me, but ...

Justin So what i he gave it to Melissa Kingston in Des Moines, Iowa?

Melissa Id have to look at the injunction, it doesnt sound right. Do you have a copy o it?

Justin It is my original i you dont mind just looking at it and handing it back, or youknow what, it is temporary.

Melissa Are you looking at or the agreed temporary?

Justin Te Agreed emporary Injunction.

Melissa Yeah.

Ryan I got a copy o it. Justin, Ive got a copy o it.

Justin Ok.

Melissa I guess it depends on what he did with it.

Justin .

Melissa I mean I would argue that using my name or any commercial purpose, and I think

given what he typically does with websites, selling them, giving them away, in orderto aggravate other people is his business model; so I would certainly argue that i hegave it to somebody or sold it to somebody that it would violate paragraph o theagreed temporary injunction.

Justin So you believe that his business model or commercial purpose includes any o hisregularly engaged activities?

Melissa I believe that Mr. Adelman buys domain names.

Justin Okay.

Melissa In order to use them to either sell them, advertise them or sale, or use them as oneo his vehicles or harassing people and otherwise disrupting people in order toextort something he wants out o them.

Justin My question is, what i he just gave it to Melissa Kingston in Des Moines, Iowa?

Melissa And I am telling you it would be my position thats a violation o the injunction.

Justin So you want the domain?


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Melissa Yes. Ive plead or it.

Justin And do you think you have, your more deserving o it than any other MelissaKingston?

Melissa At this point, yes.

Justin So like, you are HE Melissa Kingston? .

Melissa I you are asking me i there are other Melissa Kingstons, I am sure there are.

Justin Tere are, I mean I know that.

Melissa So.

Justin My question is why do you get it i you never tried to purchase it .

Melissa I plead or it.

Justin But at the time the lawsuit was led or Mr. Adelman bought it you testied you hadnever tried to buy it or looked into to buying it.

Melissa Tats true.

Justin Had it not been or Mr. Adelman bringing it to your attention, you may have wellnot been the rst person or rst Melissa Kingston to purchase it.

Melissa Tats true.

Justin Lets talk about count number 4, exas Te Liability Act.

Melissa Yeah.

Justin Now you said you led a complaint with the Dallas Police Department, so did youle it or the, or what did you led it or? .

Melissa Identity Te.

Justin And they decided that it wasnt the and it wasnt enough evidence or what did theysay?

Melissa Tey directed me to the AGs of ce.

Justin And do you believe Mr. Adelman stole the domain?

Melissa I think he stole my identity.

Justin But do you think he stole, or is identity the the penal code identity the toyour knowledge is identity the one o the types o the reerred to in the exasTe Liability Act?



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Justin Do you contend that Mr. Adelman engaged in any kind o the, other than identitythe in relation to count 4.

Melissa Count 4 specically says he stole my name, thats the contention.


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M2U00085 00:00

Justin But is your name like a trade secret, tangible, oh yes, its a mark.

Melissa Its a mark.

Melissa Its an intangible property right.

Justin So your name has an intangible property right.

Melissa Heck or all I know it could be tangible, I have to look that up actually.

Justin I dont know honest with you. A person commits an oense i they engage in, or ihe unlawully appropriates property with the intention o depriving the owner o theproperty, so you say he stole your mark, which was the domain name. Is it the nameor the domain name that he stole? Because the domain name was dierent romyour name, would you agree? I mean you had your name beore the domain name

existed.Melissa Which o those our questions are you asking me?

Justin Would you agree that your name is distinct and dierent? Separate rom the domainname MelissaKingston.com?

Melissa Yes.

Justin And which one do you allege that Mr. Adelman stole?

Melissa Te petition says he stole my name.

Justin Yes, so he did not steal the domain name, he just stole your name? Do you want tomake any actual allegations than whats in the petition right now? .

Melissa You know I dont know, I dont know i Ive thought o that. Tats something thatI would probably want to research and talk to my lawyer about beore I took aposition on that. And youre asking me or a legal conclusion. Youre asking me orthe legal arguments supporting my claim or exas Liability Te Act and youvequoted the statue to me. I dont think thats a air question in a deposition. And Idont think I would want to answer that without being given the opportunity toreview the act, review the legislation.

Justin Did you review the exas Te Liability Act beore you sued Mr. Adelman or it?

Melissa At some I have?

Justin So, when you plead it, you believe hed stole something rom you?

Melissa Its a good aith pleading i thats what youre asking me.

Justin I am. So .


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Melissa Its a good aith pleading.

Justin So you believed he had committed a the o some kind?

Melissa It is a good aith pleading that he committed a violation o the exas Te LiabilityAct?

Justin Which means theres two elements to that, would you agree that he has to commita the as dened by the act and you have to sustain damages as well as the result othe the?

Melissa I am not going to agree with you on what the specic elements o a cause o action isin a deposition without any kinds o materials in ront o me.

Justin Tats ne. Would it help to see the exas Te Liability Act?

Melissa I mean, I dont think it is going to change my answer. I am not going to give you our

ultimate legal position.Justin What Im asking, was did Mr. Adelman steal?

Melissa He stole my name.

Justin Did he steal the domain name Melissa Kingston.com?

Melissa Tat I dont know i I could answer today? Id have to think about it and research it.

Justin But at the time the suit was led, you did not own Melissa Kingston.com did you?

Melissa No, he owns it.

Justin I see, so beore he owned it did you own it?

Melissa No.

Justin And do you believe he stole it rom GoDaddy or anyone else?

Melissa No.

Justin Id like to ask you about ortuous Intererence which is count number 6. Lets go tocount number 6, Business Disparagement. Now did Mr. Adelman make any publicdisparaging words about your economic interest? .

Melissa Yes.

Justin How so?

Melissa We looked at an example earlier where he called into question my ethics incontinuing to represent the neighborhood in their Wal-Mart negotiations once myhusband became appointed a city council person or became a candidate or citycouncil.


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M2U00085 05:00

Justin And what interest, economic interest do you have in your husbands candidacy orcity council?

Melissa I dont understand that question.

Justin Do you have any economic interest in your husbands city council campaign?

Melissa Yeah, probably you know, were spending money on it. I dont understand yourquestion. And I dont think it has a hill o beans to do with this lawsuit. But whenhe calls me unethical to potential clients, when he yes, when he calls me unethical,when he implies, that I have a conict o interest, that I am not addressing to whatcould be thousands o people who live in the area, business owners, including thepeople at Wal-Mart, then yes, that is a disparaging comment that aects my businessand my economic interest.

Justin And he published, words or did he publish words that implied that you wereunethical?

Melissa I think those were words say what they say and thats an example.

Justin Okay, I need to know all the words that you claim he published about youreconomic interest that were disparaging.

Melissa Mr. Adelman has called me dishonest, he .

Justin And on, while using the domain name?

Melissa I dont believe that business disparaging was limited to using the domain name.

Justin So you are...

Melissa Its not plead that way.

Justin So who did he, how did he publish, its not enough to just say well maybe, I let youtestiy, what disparaging words has he published and where was it published?

Melissa Which question would you like me to answer?

Justin What disparaging words did he publish about your economic interest?

Melissa He has called me dishonest.

Justin Did he published that in any document?

Melissa Id have to look. Some o them might be in email, other are things that he has said,.

Justin Okay.

Melissa Orally.


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Justin Any other disparaging words?

Melissa He has said that I am unethical.

Justin Okay.

Melissa He has said that....

Justin Verbatim, he said Melissa Kingston is unethical?

Melissa No.

Justin Was that verbal or...

Melissa Without having documents in ront o me is hard or me to uh, parse it, butgenerally hes accused me through o being unethical, dishonest not disclosingmaterial acts to my clients. Um, thats what I can think o at this time.

Justin Any other instance o publishing any disparaging words?

Melissa Tats all I can think o at this time.

Justin And uh, who did he publish them too?

Melissa People in the neighborhood, businesses in the neighborhood, .

Justin And do you have evidence o that?

Melissa I do.

Justin Whats that?

Melissa We looked at an example earlier I am sure I have other things. Tat I dont have theexact specics at hand.

Justin Okay.

Melissa And we havent, this is kind o early in the case, so...

Justin So you contend that i you objected to your represented, your communityrepresented the neighborhood associations to Wal-Mart that is an economic interesto yours.

Melissa I dont agree with that statement. I dont believe thats what I said.

Justin Do you suer any damages as a result o on, as a result o the alleged publication othe words?

Melissa Yes, I think those words are damaging per say .

Justin Okay.

Melissa You call a lawyer unethical, you call a lawyer dishonest, thats damaging per se.


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Justin And did he use words o deamation per say?

Melissa Damages are presumed.

Justin In deamation per say, there is a per se that Business Disparagement? .


Justin Youve sued or business disparagement, Ive never heard, I am not amiliar withbusiness disparagement. I am a relatively new lawyer, and I am asking i you havesued or business disparagement per se or i you have specic evidence o damages?



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M2U00085 10:00

Justin Do you have specic evidence o damages, other than per say damages or the causeo action business, o business disparagement? .

Melissa What do you mean specic evidence o damages?

Justin Do you have a doctor bill, i you have mental anguish, do you have any counselingbills you had to incur as a result o any trauma; anything prior to the lawsuit beingled. I mean you said you have damages, you said you suered damages, and Imcurious can you put a dollar amount on them?

Melissa I think with regards to something like mental anguish thats within the juryspurview to decide in terms o dollars.

Justin But you have not sought medical assistance or the mental anguish? Or have you?

Melissa I have not seen a psychologist or psychiatrist.Justin Have you seen any other medical proessional or the treatment o mental anguish

or mental pain?

Melissa Not specically no.

Justin Were the words Mr. Adelman published alse, were they absolutely alse? About youbeing unethical? Im not implying your unethical, I just asking .

Melissa It sounded like it.

Justin All I am saying is that youve alleged that Mr. Adelman called you unethical and thatunethical and...

Melissa Dishonest.

Justin Dishonest. Im asking were those allegations untrue?

Melissa I believe so.

Justin And I apologize i I implied otherwise I do. Any belie that Mr. Adelman had noprivilege to publish or say those things about you?

Melissa I am unaware o any privilege that would apply to what he said.Justin And you dont have the... you are not aware o any documents that, where he said

that Melissa Kingston is dishonest or...

Melissa Id have to go back and look, I dont; hes said some things in writing that wereproblematic.


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Justin Do you have something that could pinpoint immediately without having to go backand look.

Melissa I dont have any o my documents with me.

Justin And lets go on to count number 7 or ortuous Intererence. Now what perspective,

what their perspective without identiying the parties, where there perspectivebusiness relationships that you had that you specically, that you claim Mr. Adelmaninterered with.

Melissa Yes.

Justin And can you describe those?

Melissa Yes, generally there are businesses or individuals who live in the Lower Greenvillearea.

Justin And how many would you say there were?Melissa I dont know i I have that number.

Justin Well....

Melissa Lets say hal a dozen.

Justin And all those hal dozen people received is this one related to emails or is it justrelated in general to this cause o action or ortuous Intererence?

Melissa It is not limited to emails.

Justin And how do you allege that Mr. Adelman tortuously interered?

Melissa He says deamatory things about me and my business and that prevents me romgetting business rom people whove heard it, thats an example. When he steals myname and have exclusive use o it, through other people cant get in contact with meand thereore I am not able to do business with those people, thats another example.

Justin Did anyone come to you and say to the eect, Mrs. Kingston we were going to hireyou but because o what we heard rom Avi, your no longer in a consideration to beour lawyer?

Melissa No, no one has said that.

Justin Did anyone come say Melissa Kingston because Avi owns the domain name MelissaKingston.com we dont want to enter into a business relationship with you and haveyou be our lawyer?

Melissa No, no one has said that.

Justin Have they said anything to do eect?


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Melissa Ive had a couple business owners or residence say that words to that eect.

Justin Are you able to identiy those people?

Melissa I dont know the name o the gentleman at one o the restaurants in Greenville, andI know that another gentleman at another restaurant in Greenville said that, words

yeah, I meanTe answer is no, I cant remember either one o those names.

Justin Can you remember any residents?

Melissa I dont know i Id know that yet. I had some residents express concern, I dont knowi Id. I have to think about i they would actually be clients.

Justin And what types o cases would they have been? Commercial litigation or maybebusiness structuring? Do you recall in general terms the subject matter, some mightsay a bar directory in a very broad categories o law would it have might been.

Melissa Probably landlord tenant, land use.


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M2U00086 00:00

Justin Mrs. Kingston, Im wondering i you have an estimate o how much, in your suit itappears in paragraph 22, you allege that the deendant was aware that they currentor prospective business relationships existed and that he tortuously interered with

current business relationships in an attempt to harm your business. So can youdescribe the existing business relationships that he interered with?

Melissa Certainly I had existing business relationships with the ve neighborhoodorganizations that I was representing.

Justin But you were doing that or ree werent you?

Melissa So.

Justin But I mean, you were doing those or ree right?

Melissa Tis particular representation, yes.Justin I am trying to establish i you lost any money rom that business relationship, any

income.

Melissa I dont know the answer to that yet.

Justin And, any other existing business relationships that.

Melissa Tats all I can think o at this time.

Justin And your mentioning it was landlord/tenant issues that the potential clients,

business clients may have hired you or.Melissa Tats an example.

Justin Do you have an estimate o how much income had they hired you, you would havemade?

Melissa I dont have that inormation here with us today. No.

Justin And I know you dont want to disclosure your salary, but I mean just or the record.Is it your position to not disclose your salary with Freedman and Feiger?

Melissa Tats right.Justin And I would object to this non-responsive, does your salary depend without

disclosing the amount o your salary, does your salary depend on how many clientsyou bring in. For example, would you have been paid, are you being paid the samenow or would i those businesses had hired you or landlord tenant matters.


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Melissa I I had retained a client. Im sorry, i a client had hired me and my law rm, thenyes, that could impact my income with my law rm. I I took an engagement thatwas not within my law rm, then it would not aect my law rm, what my law rmpays me. Does that answer your question?

Justin It does. So does there is a relation to the amount o business your bringing in andyour salary.

Melissa It could impact what I make every year, yes.

Justin Has Mr. Adelmans actions caused you not to lose income or not reach the ullpotential o your income, thru the intererence o business relationships?

Melissa I dont know the answer to that yet. I do think that he is impacted my ability to docertain pro-bono work or non-paid work that I do which then could impact paidwork that I do i that makes any sense.

Justin And I mean it is air to say that any volunteer work that you come in contact thepeople and they may have eventually become clien.

Melissa Right and it also impacts whats on my resume and what else I might have theopportunity to do as a result.

Justin I see, but as ar as perspective relationships, it is your testimony that they because oAvis use or because o Avis conduct we just dont think you should be our lawyer.

Melissa Nobody used those exact words but that was; the because I would have this happento me, they didnt want to get involve with me because they did want to be taintedup with him.

Justin Did these conversation occur aer Avi bought the domain?

Melissa Aer it became known.

Justin Aer it became known, but beore you led the lawsuit?

Melissa No, not probably not? I think it became known to me. Obviously I would haveknown about it right.

Justin I understand. And you say that you have suered potential loss costs in paragraph43 o your petition, lost prots and exemplary damages. How do you suer romexemplary damages?


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M2U00085 05:00

Melissa I the jury nds that he torturously interered with my business, and economicrelationships, then they can decide to award exemplary damages.

Justin You havent suered exemplary damages. You havent suered exemplary damages

have you?

Melissa Tats probably not an artul way to say it. No. I think it should say that I am seekingeconomic damages, including lost cost.

Justin Tank you, Im sorry.

Melissa Yeah.

Justin What is the amount you would estimate in dollars as loss prots?

Melissa I dont have that inormation at this time.

Justin What is the amount o economic damages you would estimate?

Melissa Again, I dont have that inormation at this time.

Justin And just lastly what is the amount o loss cost in dollars that you would estimate atthis time.

Melissa I dont know that right now.

Justin And I want just to be clear, the damages that you are ascertaining are notascertaining are sustained by anyone but you and any entity but you?

Melissa Correct. Te damages-I am only seeking to recovery or mysel.

Justin For yoursel. And, how do I investigate i you want tell me your salary, how do Iinvestigate what those damages are i I dont know the number that you started withand the number your making.

Melissa Youre asking me to tell you how to conduct a discovery in this lawsuit?

Justin No, Im asking you to tell me, i you, now what was the grounds that you wont tellme your salary?

Melissa I think its, I cant remember what we said this morning, but condential andproprietary inormation.

Justin Its proprietary how much Freedman and Feiger pays you.

Melissa Correct.

Justin So how did you intend to prove that you suered damages?


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Melissa I think that is probably a discussion or me and my lawyer. It calls or inormationwould be attorney, protected by the attorney work product privilege.

Justin Please tell the jury or judge how much money you would like them to award you ina judgment or this case? .

Melissa I dont think I know that inormation at this time.

Justin How much? I the trial took place today, how much would you ask the jury to awardyou?

Melissa I cant answer that.

Justin How is the jury to know how much money youre asking them to award you i youcant answer that?

Melissa J

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Transcript of Melissa Kingston, afternoon session, Kingston v Adelman, 1/8/2013

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