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

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250 1 survey, there would be 40. 2 Q So, of the 112, if my math is correct, 72 3 changed the playgrounds in some form or fashion? 4 A Uh-huh, yes. 5 Q And 40 did not? 6 A 40 did not. 7 Q That took a period of time for that to be 8 implemented? 9 A Yes. 10 Q And it didn't happen overnight? 11 A It was about a year from November of '96 to 12 December of '97. 13 Q Okay. Now, you obtained that information from 14 what source? 15 A From the documents that I reviewed. 16 Q Okay. And I think you can find that in 17 Page 15 of your report. And what was the specific 18 document that you reviewed that provided you that 19 information? 20 A It was a memo dated October 10th of 2000 from 21 Brad Davis to Shrin Murthy. 22 Q Now, we know what date the memo went out - 23 October 10th of 2000. Do you have any indication as to 24 when the action on these playgrounds were taken? 25 A By the people or by the letters -- The letters
251 1 went out between November '96 to December '97. 2 Q Okay. And then how long did it take for these 3 stores - these 72 of the 112 stores to change their 4 playground in some form or fashion? 5 A Up until October 10 of the year 2000. 6 Q Is there any way you can tell the jury when 7 each store took action? 8 A No. 9 Q Do you believe that American Dairy Queen and 10 International Dairy Queen went beyond its licensing 11 relationship in an effort to encourage inspection and 12 compliance with CPS guidelines and manufacturers' 13 guidelines concerning playgrounds? 14 A Yes. 15 MR. LAWDERMILK: Objection. Form and 16 leading. 17 Q And what is that belief based upon? 18 A Well, since they had no obligation or 19 contractual relationship regarding playgrounds, anything 20 they did went beyond the contractual relationship. 21 Q And did you think that their efforts were 22 adequate in light of the relationship that existed 23 between their franchise owner and operator and their 24 abilities under their license agreement? 25 MR. LAWDERMILK: Objection. Form and
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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
Page 7 and 8:
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
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
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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
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
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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
Page 33 and 34:
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
Page 39 and 40:
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
Page 67 and 68:
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
Page 77 and 78:
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
Page 87 and 88:
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
Page 107 and 108:
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
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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
Page 121 and 122:
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
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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
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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
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143 1 Strickland Drive Dairy Queen'
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145 1 you know that? 2 MR. LIGHTY:
Page 147 and 148:
147 1 MR. LIGHTY: Object to the for
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149 1 occurs, that clause is in the
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151 1 the playground project for AD
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153 1 record. The time is 3:44, Aug
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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
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165 1 A I don't know that. When McD
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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
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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
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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
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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: 249 1 A The findings are that 64 pe
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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no. b-000119-c melinda matthews, individually ) in the district court ...

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