no. b-000119-c melinda matthews, individually ) in the district court ...

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112 1 domain or province of the local operator. The 2 installation, maintenance and supervision of playgrounds 3 is such an area which is the domain of the local 4 licensed franchise store operator. 5 Do you agree with that opinion? 6 A Yes. 7 Q So, it is your opinion that the installation, 8 maintenance, and supervision of playgrounds in the state 9 of Texas is in such an area which is the sole domain of 10 the local licensed franchise store operator? 11 A Yes. 12 Q Now, if there is a document out there that 13 says ADQ does dictate the policies and installation and 14 maintenance of playgrounds, would that change your 15 opinion? 16 MR. LIGHTY: Object to the form. 17 A I don't know. I would have to read it. 18 Q Well, if there is a document stating that ADQ 19 sets the requirements and standards for playground 20 installation, would that change your opinion? 21 MR. LIGHTY: Object to the form. 22 A I need to see the document, when it was 23 written. 24 Q Okay. What is a QVSC? 25 A It is a process that the Operations Department
113 1 uses when it sends people into the field to look at a 2 person's operation. 3 Q And at Dairy Queen failing a QVSC is a 4 material default, isn't it? 5 A A what? 6 Q A material default. 7 A For? 8 Q The store. 9 A Say the question again. 10 Q In the American Dairy Queen system, failing a 11 QVSC is a material default for the local store? 12 A I would like to check the franchise agreement 13 to see if that's what it says - if it says it is 14 material. 15 Q Okay. Check it. 16 MR. LAWDERMILK: Can we go off the 17 record? 18 THE VIDEOGRAPHER: Going off the record 19 at 2:08. 20 (RECESS FROM 2:08 TO 2:23.) 21 THE VIDEOGRAPHER: Back on the record, 22 the time is 2:23. 23 MR. LAWDERMILK: Can you repeat my last 24 question, please? I'll have the court reporter read it 25 back.
Page 1 and 2:
NO. B-000119-C MELINDA MATTHEWS, IN
Page 3 and 4:
3 1 I N D E X 2 Page 3 Appearances
Page 5 and 6:
5 1 P R O C E E D I N G S 2 THE VID
Page 7 and 8:
7 1 Q Have you ever been to AA meet
Page 9 and 10:
9 1 A When you add philosophy to Go
Page 11 and 12:
11 1 proceedings regarding the divo
Page 13 and 14:
13 1 Q Okay. And nothing is in here
Page 15 and 16:
15 1 Q Well, awhile ago there was a
Page 17 and 18:
17 1 go call the Judge and we will
Page 19 and 20:
19 1 correct. 2 Q I asked you if th
Page 21 and 22:
21 1 A No, I did not. 2 MR. LAWDERM
Page 23 and 24:
23 1 A No. 2 Q Do you hold any cert
Page 25 and 26:
25 1 '75, '76. 2 Q Why did you leav
Page 27 and 28:
27 1 A Yes, as a matter of fact. Wh
Page 29 and 30:
29 1 A Don't remember. 2 Q Don't re
Page 31 and 32:
31 1 franchises? 2 A The franchise
Page 33 and 34:
33 1 Q Have you ever been to it? 2
Page 35 and 36:
35 1 Q Are you saying that you are
Page 37 and 38:
37 1 Q So, then they would be diffe
Page 39 and 40:
39 1 Q (By Mr. Lawdermilk) You have
Page 41 and 42:
41 1 Q So, I'm going to take it tha
Page 43 and 44:
43 1 Q Let me just clean it up for
Page 45 and 46:
45 1 Q That's all I'm trying -- I'm
Page 47 and 48:
47 1 an employee. 2 Q So, this was
Page 49 and 50:
49 1 Exhibit 7 on it. 2 MR. LIGHTY:
Page 51 and 52:
51 1 A Brian Swift is the name. As
Page 53 and 54:
53 1 themselves, but for their cust
Page 55 and 56:
55 1 subsets below it, right? 2 A T
Page 57 and 58:
57 1 the invoice. I don't -- I assu
Page 59 and 60:
59 1 in nonlegal-related areas, and
Page 61 and 62: 61 1 A $350. 2 Q What are your othe
Page 63 and 64: 63 1 use the word standard. Use cor
Page 65 and 66: 65 1 language. 2 Q So, now y'all we
Page 67 and 68: 67 1 When a franchisor requires som
Page 69 and 70: 69 1 it is their intellectual prope
Page 71 and 72: 71 1 obligation. 2 You have an obli
Page 73 and 74: 73 1 they realize they can't cut co
Page 75 and 76: 75 1 MR. LAWDERMILK: The list. 2 A
Page 77 and 78: 77 1 your opinion still the same fo
Page 79 and 80: 79 1 correct? 2 A Correct. 3 Q And
Page 81 and 82: 81 1 me, it is about what somebody
Page 83 and 84: 83 1 Q Thank you. 2 And all of the
Page 85 and 86: 85 1 mailings to franchisors. 2 Q S
Page 87 and 88: 87 1 layman in the field. 2 Q So, a
Page 89 and 90: 89 1 ask me a particular requiremen
Page 91 and 92: 91 1 Q And if it wasn't restricted
Page 93 and 94: 93 1 paragraph? 2 Q Third full para
Page 95 and 96: 95 1 compliance even if it is outsi
Page 97 and 98: 97 1 the new franchisees are requir
Page 99 and 100: 99 1 entered into a security agreem
Page 101 and 102: 101 1 Q Anyone else? 2 A No. 3 Q So
Page 103 and 104: 103 1 A Ask me that again. 2 Q Do y
Page 105 and 106: 105 1 A I can't -- I can't speak to
Page 107 and 108: 107 1 A I don't know. 2 Q Well, you
Page 109 and 110: 109 1 A Yes. But to make sure we co
Page 111: 111 1 guidelines on Texas Dairy Que
Page 115 and 116: 115 1 A That would be American Dair
Page 117 and 118: 117 1 doesn't -- It relates to very
Page 119 and 120: 119 1 equipment as it was on Octobe
Page 121 and 122: 121 1 read. 2 Q Well, is it accordi
Page 123 and 124: 123 1 this report, thought how many
Page 125 and 126: 125 1 QVSC - the performance of the
Page 127 and 128: 127 1 before Tyler's death? 2 A All
Page 129 and 130: 129 1 Q The very last one at the bo
Page 131 and 132: 131 1 A If my memory serves me corr
Page 133 and 134: 133 1 Q Where did you get the langu
Page 135 and 136: 135 1 Q That American Dairy Queen c
Page 137 and 138: 137 1 Q Did the Dairy Queen on Stri
Page 139 and 140: 139 1 Q Is that a "yes"? 2 A Yes. 3
Page 141 and 142: 141 1 Q Is that a "yes"? 2 A -- to
Page 143 and 144: 143 1 Strickland Drive Dairy Queen'
Page 145 and 146: 145 1 you know that? 2 MR. LIGHTY:
Page 147 and 148: 147 1 MR. LIGHTY: Object to the for
Page 149 and 150: 149 1 occurs, that clause is in the
Page 151 and 152: 151 1 the playground project for AD
Page 153 and 154: 153 1 record. The time is 3:44, Aug
Page 155 and 156: 155 1 comply with the standards of
Page 157 and 158: 157 1 Department will decide what b
Page 159 and 160: 159 1 playgrounds are so dangerous,
Page 161 and 162: 161 1 Q Okay. Do you agree that the
Page 163 and 164:
163 1 MR. LAWDERMILK: Go off the re
Page 165 and 166:
165 1 A I don't know that. When McD
Page 167 and 168:
167 1 Q Now, ADQ voluntarily undert
Page 169 and 170:
169 1 A Well, what I can do is simp
Page 171 and 172:
171 1 It states: The non-core opera
Page 173 and 174:
173 1 monthly. Sometimes lawyers ar
Page 175 and 176:
175 1 survey. 2 Q Have you ever don
Page 177 and 178:
177 1 MR. LIGHTY: Object to the for
Page 179 and 180:
179 1 to Brochure 100 and other ins
Page 181 and 182:
181 1 have to take your word for it
Page 183 and 184:
183 1 will do it. Thank you. I pass
Page 185 and 186:
185 1 whatever it says in the curre
Page 187 and 188:
187 1 Q -- for the Strickland Dairy
Page 189 and 190:
189 1 Q American Dairy Queen and In
Page 191 and 192:
191 1 own consulting company 20 yea
Page 193 and 194:
193 1 A Went to work for a consulti
Page 195 and 196:
195 1 Q Okay. Are you a member of a
Page 197 and 198:
197 1 occasions have you been retai
Page 199 and 200:
199 1 Q Do you have any other repor
Page 201 and 202:
201 1 partnerships and the focus is
Page 203 and 204:
203 1 Mr. Gappa? 2 A The first is t
Page 205 and 206:
205 1 STREET JOURNAL to FORTUNE to
Page 207 and 208:
207 1 Q Do they qualify under that
Page 209 and 210:
209 1 Q And who is that? 2 A The --
Page 211 and 212:
211 1 A What we got was the right t
Page 213 and 214:
213 1 Q And in simple terms what is
Page 215 and 216:
215 1 at 5:25. 2 (RECESS TAKEN FROM
Page 217 and 218:
217 1 signed and entered into by th
Page 219 and 220:
219 1 A Doesn't exist. 2 Q Okay. Wh
Page 221 and 222:
221 1 required. So, they can make a
Page 223 and 224:
223 1 A It can be revoked or suspen
Page 225 and 226:
225 1 Q Okay. First let's have that
Page 227 and 228:
227 1 And compliance of one person
Page 229 and 230:
229 1 Q And what is that? 2 A In fr
Page 231 and 232:
231 1 A Not anything contractual an
Page 233 and 234:
233 1 that under the category of co
Page 235 and 236:
235 1 A No. 2 Q And is that true fo
Page 237 and 238:
237 1 and how to make and serve the
Page 239 and 240:
239 1 franchisor. 2 Q And what are
Page 241 and 242:
241 1 Q So, the field representativ
Page 243 and 244:
243 1 Q And what do you make that d
Page 245 and 246:
245 1 Q And specific to the playgro
Page 247 and 248:
247 1 Franchiser, American Dairy Qu
Page 249 and 250:
249 1 A The findings are that 64 pe
Page 251 and 252:
251 1 went out between November '96
Page 253 and 254:
253 1 I signed?" 2 Q Do you find an
Page 255 and 256:
255 1 Q And those have been documen
Page 257 and 258:
257 1 Q Awhile ago you said that th
Page 259 and 260:
259 1 A Personal meetings would hav
Page 261 and 262:
261 1 Q Tell me -- 2 A I can't. I w
Page 263 and 264:
263 1 NO. B-000119-C 2 MELINDA MATT
Page 265 and 266:
265 1 FURTHER CERTIFICATION UNDER R
Page 267 and 268:
267 1 I, ROBERT A. GAPPA, have read
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