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

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180 1 acts and I know you think they are appropriate, but I 2 need to know how you came up with this opinion that it 3 is appropriate. Compared to what? Compared to other 4 franchises? Compared to the reasonable businessperson? 5 Compared to the reasonable franchisee? What? 6 A Compared to doing nothing about a situation 7 they were aware of that they thought needed to be 8 remedied for which they had no recourse in the franchise 9 license agreement. So, they had to try to do something 10 and, so, they tried to use persuasion and data and 11 experts and meetings and letters to raise the awareness 12 of the franchise community and, in fact, it worked. 13 Q And this is -- My first statement to you was 14 I'm not as much concerned ultimately with what happened 15 in this. I want to understand how you got there. This 16 is one of those cases. 17 You are very well defining -- explaining 18 to me why you think it is appropriate and you refer data 19 that you have looked at, but how is this standard 20 appropriate other than we just have to trust your 21 opinion that it is appropriate? We don't know any 22 differently because we don't have any experience in 23 that. When I say "we," just the average person involved 24 with this case. We don't have any other way of knowing 25 whether that is appropriate or not appropriate. We just
181 1 have to take your word for it; but since you are 2 providing an opinion based on something, I need to know 3 what it is based on more than just taking your word for 4 it. 5 A I already answered this. 6 MR. LIGHTY: Object to form. Asked and 7 answered. 8 A I already answered this. And my answer was 9 the same as it is going to be right now. It is a 10 situation that they felt needed to be addressed that 11 they couldn't address within the franchise agreement. 12 So, they addressed it anyway; and that was an 13 appropriate action to take. 14 Q And the last one, and then you are out of here 15 with me. 16 As the non -- Page 16, the last 17 paragraph: As the nonoccupiers and owners of the 18 premises, IDQ and ADQ acted as reasonably and prudently 19 as could be expected given the legal relationship they 20 had/have with their franchise licensed independent 21 operators. 22 You discussed it at length with 23 Mr. Lawdermilk, but we kind of discussed earlier that 24 you weren't legally trained to be an attorney. Are you 25 really trying to give - render an opinion on the legal
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NO. B-000119-C MELINDA MATTHEWS, IN
Page 3 and 4:
3 1 I N D E X 2 Page 3 Appearances
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5 1 P R O C E E D I N G S 2 THE VID
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7 1 Q Have you ever been to AA meet
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9 1 A When you add philosophy to Go
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11 1 proceedings regarding the divo
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13 1 Q Okay. And nothing is in here
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15 1 Q Well, awhile ago there was a
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17 1 go call the Judge and we will
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19 1 correct. 2 Q I asked you if th
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21 1 A No, I did not. 2 MR. LAWDERM
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23 1 A No. 2 Q Do you hold any cert
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25 1 '75, '76. 2 Q Why did you leav
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27 1 A Yes, as a matter of fact. Wh
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29 1 A Don't remember. 2 Q Don't re
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31 1 franchises? 2 A The franchise
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33 1 Q Have you ever been to it? 2
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35 1 Q Are you saying that you are
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37 1 Q So, then they would be diffe
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39 1 Q (By Mr. Lawdermilk) You have
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41 1 Q So, I'm going to take it tha
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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
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47 1 an employee. 2 Q So, this was
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49 1 Exhibit 7 on it. 2 MR. LIGHTY:
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51 1 A Brian Swift is the name. As
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53 1 themselves, but for their cust
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55 1 subsets below it, right? 2 A T
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57 1 the invoice. I don't -- I assu
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59 1 in nonlegal-related areas, and
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61 1 A $350. 2 Q What are your othe
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63 1 use the word standard. Use cor
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65 1 language. 2 Q So, now y'all we
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67 1 When a franchisor requires som
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69 1 it is their intellectual prope
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71 1 obligation. 2 You have an obli
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73 1 they realize they can't cut co
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75 1 MR. LAWDERMILK: The list. 2 A
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77 1 your opinion still the same fo
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79 1 correct? 2 A Correct. 3 Q And
Page 81 and 82:
81 1 me, it is about what somebody
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83 1 Q Thank you. 2 And all of the
Page 85 and 86:
85 1 mailings to franchisors. 2 Q S
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87 1 layman in the field. 2 Q So, a
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89 1 ask me a particular requiremen
Page 91 and 92:
91 1 Q And if it wasn't restricted
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93 1 paragraph? 2 Q Third full para
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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
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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
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107 1 A I don't know. 2 Q Well, you
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109 1 A Yes. But to make sure we co
Page 111 and 112:
111 1 guidelines on Texas Dairy Que
Page 113 and 114:
113 1 uses when it sends people int
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
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121 1 read. 2 Q Well, is it accordi
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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: 179 1 to Brochure 100 and other ins
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
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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
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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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