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

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258 1 sent to Mr. Allred - do you know if it was changed by 2 Mr. Murthy or not? 3 A I do not. 4 Q Do you know what his qualifications to change 5 that document are? 6 MR. LIGHTY: Object to the form. 7 A I don't. 8 Q And as far as Exhibit 20, is that also a 9 document that you created? 10 A Yes. 11 Q Now, as far as talking -- You talked a little 12 bit earlier with Mr. Lighty about some of the 13 initiatives for safety at playgrounds that ADQ 14 undertook, didn't you? 15 A Yes. 16 Q And one of the things - of initiatives you 17 said was personal needs. Is that one of the initiatives 18 you listed? 19 A I did because I think that that's part of what 20 they did. 21 Q Yeah. When is it that they met with Bruce 22 Allred? 23 A I don't know. 24 Q But that would have been a pretty good thing 25 to do, wouldn't it have?
259 1 A Personal meetings would have been helpful. 2 Q Yeah. 3 Between franchisees and franchisors, how 4 many franchisors are there in the United States? 5 A My best guesstimate is about 5,000. 6 Q Are all the franchisor-franchisee 7 relationships exactly the same? 8 A No. 9 Q Are any of the other franchisee-franchisor 10 relationships exactly the same as ADQ's? 11 A I can't answer that. 12 Q Can you tell me of one that is? 13 A I wasn't asked to prepare that comparison. 14 MR. LAWDERMILK: Objection. 15 Nonresponsive. 16 Q (By Mr. Lawdermilk) Can you tell me one 17 franchisee-franchisor relationship that is exactly the 18 same as ADQ's? 19 A Not at this moment. 20 Q And you have never worked beyond a couple of 21 seminars 20 years ago and being hired for this case by 22 ADQ before, have you? 23 A I have not. 24 Q And you discussed at length 25 franchisor-franchisee relationships in general, correct?
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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
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
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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
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
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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
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97 1 the new franchisees are requir
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99 1 entered into a security agreem
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101 1 Q Anyone else? 2 A No. 3 Q So
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103 1 A Ask me that again. 2 Q Do y
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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
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111 1 guidelines on Texas Dairy Que
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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
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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
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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:
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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
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157 1 Department will decide what b
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159 1 playgrounds are so dangerous,
Page 161 and 162:
161 1 Q Okay. Do you agree that the
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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
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169 1 A Well, what I can do is simp
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171 1 It states: The non-core opera
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173 1 monthly. Sometimes lawyers ar
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175 1 survey. 2 Q Have you ever don
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177 1 MR. LIGHTY: Object to the for
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179 1 to Brochure 100 and other ins
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181 1 have to take your word for it
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183 1 will do it. Thank you. I pass
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185 1 whatever it says in the curre
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187 1 Q -- for the Strickland Dairy
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189 1 Q American Dairy Queen and In
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191 1 own consulting company 20 yea
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193 1 A Went to work for a consulti
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195 1 Q Okay. Are you a member of a
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197 1 occasions have you been retai
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199 1 Q Do you have any other repor
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201 1 partnerships and the focus is
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203 1 Mr. Gappa? 2 A The first is t
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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: 257 1 Q Awhile ago you said that th
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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