Documentfragment_12547336 4p1s23

FILED DALLAS COUNTY 6/29/2015 10:12:04 PM CAUSE NO. DC-15-03069 FELICIA PITRE DISTRICT CLERK ANDREA POLITO and ANDREA § IN THE DISTRICT COURT POLITO PHOTOGRAPHY, INC., § § Plaintiffs. § § v. § DALLAS COUNTY, TEXAS § NEELY MOLDOVAN and § ANDREW MOLDOVAN, § Defendants. § 134TH JUDICIAL DISTRICT PLAINTIFFS’ RESPONSE TO DEFENDANTS’ TR § 27.001 MOTION TO DISMISS

Contents I. SUMMARY................................................................................................................................ 2  II. BACKGROUND ....................................................................................................................... 2  III. ARGUMENTS AND AUTHORITIES.................................................................................. 13  A. 

Legal Standard................................................................................................................ 13 

B.  The Commercial Speech Exemption Applies to Neely’s Statements Made Through Her Blog. 14  C. 

Plaintiffs Have Proved Each Element of Their Claims by Clear and Specific Evidence. 15 

1. 

Defendants’ Statements Are Defamatory Per Quod. ................................................. 15 

2. 

Defendants’ Statements Are Defamatory Per Se. ...................................................... 19 

3. 

Defendants’ Statements Amount to Business Disparagement. .................................. 20 

4. 

Defendants Tortiously Interfered with Polito and APP’s Prospective Contracts. ...... 21 

5. 

Defendants Committed Civil Conspiracy. .................................................................. 22 

D.  Defendants Have Not and Cannot Prove Their Affirmative Defenses by a Preponderance of the Evidence. ................................................................................................ 23  1. 

Defendants Failed to Prove Their Defense of Opinion. ............................................. 24 

2. 

Defendants Failed to Prove Their Defense of Substantial Truth. ............................... 26 

IV. REQUEST FOR COSTS AND ATTORNEYS’ FEES ......................................................... 28  V. PRAYER ................................................................................................................................. 29 

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Andrea Polito (“Polito”) and Andrea Polito Photography, Inc. (“APP”) (collectively, “Plaintiffs”) file their Response to Defendants’ TR § 27.001 Motion to Dismiss (“Response”), and state as follows: I. SUMMARY Defendants are an IT security engineer and a social media expert and blogger who instituted a public smear campaign that has destroyed Andrea Polito’s life and photography business. Defendants shopped around for news stations to air their concocted story of lies and half-truths. When one local news station put them on television and online, Defendants reveled in their success at garnering worldwide attention and enjoyed the public shaming and ridicule of Polito and her business.

Within a 48-hour period, Neely made more than 17 posts using her

social media s—that reach more than 48,000 followers—to generate a following about this story and to ruin Polito’s reputation. Texas did not adopt the Anti-SLAPP statute to protect those who defame, disparage, and substantially damage another’s business and reputation. Defendants’ frivolous Motion should be denied because of the voluminous proof of Defendants’ wrongful conduct, which is clear and specific evidence of each element of the claims asserted by Polito and APP.

Moreover,

Defendants have not and cannot prove their affirmative defenses of opinion and substantial truth. Polito should be permitted to pursue her case and have her day in Court to seek justice and redress for her injuries caused by Defendants. II. BACKGROUND 1.

Andrea Polito is a well-respected professional wedding photographer who has

owned and operated Andrea Polito Photography, Inc. for 12 years with satisfied clients.1 Until

1

Ex. A (Polito Aff.) ¶ 2. A true and correct copy of the Affidavit of Andrea Polito is attached hereto as Exhibit “A” and incorporated by reference.

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Defendants’ smear campaign, Polito earned a reputation for APP as one of the more successful wedding photography businesses in the Dallas area. 2.

In January 2014, Polito met with Neely Moldovan (“Neely”), formerly Neely

Stoller, for an initial wedding consultation.2 Per APP policy, Polito customized a wedding package for Neely, and discussed the pricing of items included and not included in the package, as well as the timeline for taking, reviewing, and receiving photographs.3 Neely purchased a $4,200 wedding package, and later added a disc of high-resolution images from their engagement session, extensive editing, and two additional hours of wedding day coverage. Coverage of Defendants’ rehearsal dinner was not part of Neely’s package. 3.

2 3

The contract and wedding package specifically outline, in relevant part: a.

Seven (7) hours of wedding coverage, and each additional hour costs $300;

b.

Additional products may be added from the a la carte menu;

c.

The client must specifically hire Polito to photograph the wedding for an additional cost;

d.

Wedding photographs will be available for viewing 4-6 weeks after the wedding;

e.

Storybook Album Order Form must be submitted within four (4) months after the viewing, after which the client will incur an archival fee of $250 to store the photographs off-site;

f.

The client has two (2) weeks to approve the album design;

g.

Each album is custom-made and hand-assembled in Italy, and will be delivered 6-8 weeks after design approval;

h.

Wedding day negatives will be provided when the final album and/or box order is delivered (bolded in original); and

Ex. A (Polito Aff.) ¶ 3. Id.

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i.

4.

Posting non-watermarked images online without permission is a violation of copyright law and the contract.4

On October 11, 2014, APP photographed the wedding of Neely and Andrew

Moldovan (“Andrew”) (collectively, “the Moldovans” or “Defendants”).5 Just one month after the wedding, Defendants demanded their high-resolution images, despite APP’s delivery and pricing policies that were outlined in their original contract and explained in numerous emails.6 APP responded to each email, repeatedly explaining the contract , pricing, and timeline, and re-attaching Defendants’ contract and welcome packet.7 Defendants’ issue was the timing of when they would receive their pictures, and their demands to have the pictures before the time specified in the Contract and Wedding Packet. Defendants’ story about Polito “holding the pictures hostage” because of the charge for an individually designed, custom album cover was their attempt to twist facts and lies to generate a compelling story for the media. Indeed, the recitation of the “facts” and timeline by Defendants in the Motion grossly misrepresents the truth and timing by which the events occurred. 5.

Despite APP’s prompt, professional, and consistent responses to Defendants’

communications, they saw the opportunity to garner some fame and attention to Neely’s blog by finding a news outlet for their story. Thus, at 2:55 a.m. and 3:50 a.m. on January 13, 2015, Neely began using Twitter to search for news s and continued her search through her various social media avenues. She also ed a current APP client. The very next day on January 14, Defendants interviewed with Scott Gordon of NBC 5, accusing Polito of “holding

4

Ex. A (Polito Aff.) ¶ 4; *See Ex. 6 to Ex. B (Neely Dep.), which has been permanently sealed by this Court by Order dated February 27, 2015 and extended on June 1, 2015. 5 Ex. A (Polito Aff.) ¶ 6. 6 Id. 7 Ex. A (Polito Aff.) ¶¶ 6-7.

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their pictures hostage,” and, just two days later, all while Polito was out of town, their story aired on January 16.8 6.

From the beginning, Defendants wanted to inflict harm on Polito and damage her

business by making the story go viral.9 The day before the story aired, Neely published on her blog, which has more than 3.1 million monthly page views and more than 48,000 subscribers, a post entitled “BIG THINGS and FUN THINGS,” bragging about and referring to the NBC interview.10 Neely then posted to all of her social media followers a photograph of her and Andrew smiling while they were “waiting for our NBC D/FW news debut” and was “feeling excited” about the NBC story. She also posted to all of her company, blog, and social media followers “Andrew Moldovan and I would love if you spread the word.”11 She also made a number of other posts describing her excitement.12 Neely even itted she intended to share her story with APP brides and did reach out to some of them.13 She also told another former bride that she had and/or wanted to acquire “so much ammunition to screw [Polito and/or APP] over” and that she and Andrew “are hoping that [their] story makes the news and completely ruins [Polito’s] business.”14

When asked on Facebook if Polito knows what Neely

8

Ex. 51 to Ex. B (Neely Dep.). A true and correct copy of the Deposition of Neely Moldovan is attached hereto as Exhibit “B” and incorporated by reference. Ex. C-1 to Ex. C (NBC Aff.) & Ex. C ¶ 3. A true and correct copy of the Affidavit of NBCUniversal Media, LLC’s Paralegal Manager Saskia Thompson (“NBC Affidavit”) is attached hereto as Exhibit “C” and incorporated by reference. 9 Ex. 41 to Ex. B (Neely Dep.) (“we are hoping the story goes viral”). 10 Ex. 49 to Ex. B (Neely Dep.). 11 Exs. 50 & 52 to Ex. B (Neely Dep.) & Ex. B 147:17-148:17. It is crucial to note that any post Neely made on Instagram was linked to, and thus republished on, her other social media s, including Facebook, Twitter, and her blog. 12 Ex. A-4 to Ex. A (Polito Aff.) & Ex. A ¶ 11. 13 Ex. 57 to Ex. B (Neely Dep.) & Ex. B 142:15-143:8, 160:7-23. 14 Ex. 63 (Facebook conversation with Lauren Schwalb, January 12 before the story aired and before meeting with NBC) to Ex. B (Neely Dep.).

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does for a living, Neely replied “oh she knows”15 and posted in another forum “I’m a blogger and I’m going to be all over this once it’s resolved.”16 7.

Similarly, Andrew told his friends that “shit’s going down” and that he’s “going

apeshit on the photographer,” only to later disingenuously testify that he was unsure what “going apeshit” means.17 Andrew even acknowledged the effect of the NBC story, agreeing with a friend that nobody would want to hire Polito.18 After the NBC story aired, Andrew threatened Polito with more negative press, stating that Inside Edition had ed them and “Neely and [he] prefer not to go on additional TV shows, but if [they] cannot come to an agreement, [Defendants] may be forced to pursue this further.”19 8.

And the story did go viral. The first NBC article alone was viewed by 351,453

people.20 Defendants’ NBC interview and subsequent smear campaign sparked an onslaught of other shaming with negative posts from third parties and bloggers, many of whom are Defendants’ friends. Several additional news outlets, including the Daily UK also ran NBC’s story, and foreigners from around the world posted damaging reviews about Polito’s character and reputation.21 9.

After Polito posted her “Open Letter” on her blog on January 19 to tell her side of

the story, her site received more than 120,000 views from 143 countries in 24 hours and another 120,000 views from 183 countries by January 21; the total is now 1,177,000.00 views from 195

15

Ex. A-5 to Ex. A (Polito Aff.) & Ex. A ¶ 11. Ex. 46 to Ex. B (Neely Dep.). 17 Exs. 76 & 77 to Ex. D (Andrew Dep.) & Ex. D 54:21-57:6. A true and correct copy of the Deposition of Andrew Moldovan is attached hereto as Exhibit “D” and incorporated by reference. 18 Ex. 79 to Ex. D (Andrew Dep.) & Ex. D 60:20-61:10. 19 Ex. 81 to Ex. D (Andrew Dep.) & Ex. D 67:1-69:4. 20 Ex. C-2 to Ex. C (NBC Aff.). 21 Ex. A-7 to Ex. A (Polito Aff.). 16

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countries.22

Polito and APP filed a Rule 202 Petition on January 20, 2015 and deposed

Defendants on March 3, 2015. 10.

In their public smear campaign, Defendants made the following defamatory

statements: # i

ii

iii

Defamatory Statement Neely and Andrew published the statement that Polito was “holding their pictures hostage,”23 or ratified the same accusation Defendants allege was made by NBC.24 Andrew published the statement that Polito “cheated,” “scammed,” and “blatantly stole money while holding pictures ransom and then adding on extra fees that weren’t in [the] original contract,”37 that Polito “scammed so many people,”38 and that Polito was “screwing [Defendants] over and breaching [their] contract so [Defendants] took her to the local NBC news.”39 Andrew published the statement that Polito wanted Defendants “to pay several hundred dollars more before [she would] provide [the Moldovans’] album or give [them their] pictures on a DVD,”40 and Neely published the statement that Polito wanted “$600 extra

Truth APP was only to provide the wedding photos upon delivery of the completed storybook album, which first required that Defendants select photos (itted).25 Defendants did not complete the photo selection to begin the album design process until after their initial social media rampage against Polito and APP (itted).26 APP offered a concession to deliver the high-resolution negatives upon approval of the album design, i.e., before the time outlined in the contract (itted).27 Neely did not even look at the album order form until January 8,28 and did not complete it until February 2015 (itted).29 Moreover, the cover prices ranged from $125 to $225,30 $125 is not “several hundred more,”31 and there was certainly no cover even offered for $600 (itted). Polito discussed this cost for the album cover, in accordance with APP policy, during the initial Neely re Polito consultation.32 showing her different wedding albums and

22

Ex. A (Polito Aff.) ¶ 14. Ex. 51 to Ex. B (Neely Dep.). 24 Ex. D (Andrew Dep.) 81:21-82:7. 25 Ex. B (Neely Dep.) 37:20-39:23, 41:6-43:3, 50:11-51:12, 55:11-22, 58:8-60:1, 169:20-170:15; Ex. D (Andrew Dep.) 43:18-45:12; *see Exs. 6 & 9 to Ex. B (Neely Dep.) (permanently sealed). 26 Ex. B (Neely Dep.) 58:8-60:1, 87:23-88:13; Ex. D (Andrew Dep.) 69:12-70:1 (Andrew itting he asked for images before time allotted in the contract, “assuming that [Defendants] followed the contract entirely”). 27 Ex. B (Neely Dep.) 81:18-82:25. 28 Ex. B (Neely Dep.) 83:2-19. 29 Ex. B (Neely Dep.) 58:8-60:1. 30 Ex. B (Neely Dep.) 86:18-87:16; see also Ex. C-1 to Ex. C (NBC Aff.) (Defendants allege and NBC reports the cheapest cover is $150, but video shows Chaney email stating cheapest is $125). 31 Ex. B (Neely Dep.) 110:16-111:20. 32 Ex. A (Polito Aff.) ¶ 3. 23

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iv

v

vi

vii

for the cover.”41 Neely published the statement that Polito had “weeks to fulfill” delivery to the Moldovans “what [they] paid for.”42

Neely published the statement that Polito “[kept] nickel and diming [the Moldovans] even tho [sic] [they] spent 7000.”43 Neely published the statement that “the day before [the Moldovans’] wedding [Andrea and/or APP] called and said [the Moldovans] needed to pay $900 extra for the 2 extra hours not included in [their] contract they were working the wedding day which they never told us about before.”47 Neely published the statement that the Moldovans “never got a single email

covers but, conveniently, nothing about the album cover cost.33 APP was not withholding the album and the pictures for additional payment,34 but only waiting for completion of the order form as required by the contract, with which Neely and her husband had not complied (itted).35 Polito then offered further concessions and would have provided the album cover without an additional charge to resolve the matter.36 Polito and APP provided Neely numerous times with her contract and wedding package, which each clearly stated the cost for additional wedding coverage, engagement session, and extensive editing (itted).44 The total amount paid to APP was less than $7000.45 Notably, Neely was not charged $900 for additional coverage and was not aware when the actual charge was made because she was on her honeymoon; rather her father’s card was charged on October 21 for $600, ten days after the wedding.46 In contest is not whether the Moldovans ed Polito rather than her business, as

37

Ex. 66 to Ex. B (Neely Dep.). Ex. 83 to Ex. D (Andrew Dep.) & Ex. D 71:9-24. 39 Ex. 90 to Ex. D (Andrew Dep.) & Ex. D 86:4-20. 40 Exs. 42-45 to Ex. B (Neely Dep.). 41 Ex. 63 to Ex. B (Neely Dep.). 33 Ex. B (Neely Dep.) 30:2-31:19. 34 Ex. 36 to Ex. B (Neely Dep.). 35 Ex. B (Neely Dep.) 58:8-60:1, 87:23-88:13. 36 Ex. 39 to Ex. B (Neely Dep.). 42 Ex. 55 to Ex. B (Neely Dep.). 43 Ex. F; Ex. 61 to Ex. B (Neely Dep.) (“she had nickel and dimed us the whole time”); see also Ex. C-1 to Ex. C (NBC Aff.) (reporting Defendants’ contention that APP charged them a hidden fee after the wedding and the cheapest album cover was $150). 44 Ex. B (Neely Dep.) 35:23-36:10, 45:11-47:7, 56:17-23, 120:16-22. 45 Defendants purchased a $4200 wedding package, excluding tax. *See Exs. 6 & 7 to Ex. B (Neely Dep.) (permanently sealed). They also purchased an engagement session and extensive photograph editing for $550 plus tax. See Ex. B (Neely Dep.) 61:12-17, 66:1-67:23. The two additional hours for coverage of the wedding cost $600. See Ex. B (Neely Dep.) 47:1-7. Cheryl Moldovan, as Neely pointed out, requested and paid for the rehearsal dinner, which was not part of Neely’s wedding package. See Ex. 8 to Ex. B (Neely Dep.) & Ex. B 57:558:3. In total, Defendants paid $5350 plus tax in the amount of $441.38, which equals $5791.38. 46 Ex. 17 to Ex. B (Neely Dep.) & Ex. B 47:1-7, 119:24-123:16, 125:8-126:6, 210:7-22. 47 Exs. 71 & 63 to Ex. B (Neely Dep.). 38

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from [Polito] after calling and emailing the Moldovans assert50; at issue is that Neely her directly”48 and that “[Polito’s] office failed to disclose that Polito did in fact is refusing to talk to [Defendants].”49 communicate with Neely directly.51 On January 14, after being apprised of the Moldovans’ dissatisfaction, Polito emailed Neely to rectify the situation.52 Neely heard from Polito the very same day she went to the media, proving that she knew her statement was false. Defendants had regular communications with APP’s office manager Chaney from January 2014 to January 2015. viii Neely published the statement that “none Defendants knew about the contract and of [what Polito said in her response the photography timeline, and they knew these letter posted to the APP blog] is true.”53 statements were false when made.55 Andrew also told a friend that Polito’s blog post “sounds all professional, but it’s all lies.”54 ix Neely published the statement that Polito While it was Neely’s opinion or belief that was “having her photog friends harass Polito directed her friends to harass Neely, [Neely] on Twitter, Instagram [her] Neely made a factual statement without proof blog etc,”56 and “[t]he fact that she’s (itted).59 Stated another way, Neely was now having people attack me on all reckless as to the truth or falsity of her forms of social media shows how non statement. Further, Polito had never met or professional she is.”57 Andrew similarly spoken to the person allegedly harassing Neely stated “[t]he photographer had a friend before Defendants’ rampage; the two are not spread the word in a Facebook group friends.60 to attack Neely and how they should

48

Thank you to ers in a Facebook post, between January 17 and January 19, a true and correct copy of which is attached hereto as Exhibit “E” and incorporated by reference; Ex. 47 to Ex. B (Neely Dep.). 49 Ex. 55 to Ex. B (Neely Dep.) 50 See Defs.’ Mot. to Dismiss ¶ 29. 51 Ex. B (Neely Dep.) 94:9-96:11, 132:5-133:19. 52 Ex. 39 to Ex. B (Neely Dep.). 53 Exs. 55 & 58 to Ex. B (Neely Dep.); Ex. E; Text conversation with Sara Lake, January 21, a true and correct copy of which is attached hereto as Exhibit “F” and incorporated by reference; Group text conversation with Ally, Michele, and Ashley, January 21 (“Her blog post was literally all lies”), a true and correct copy of which is attached hereto as Exhibit “G” and incorporated by reference. 54 Ex. 74 to Ex. D (Andrew Dep.) & Ex. D 19:10-20:5. 55 See e.g., Ex. B (Neely Dep.) 58:8-60:1, 88:2-13 (itting Defendants did not complete picture selection or order form); 81:18-82:25 (itting Polito offered concession but did not disclose in her public communications about Polito); 37:20-39:23, 41:6-43:3, 50:11-51:12, 55:11-22, 169:20-170:15 (itting timeline clearly outlined in contract and wedding package); 83:2-19 (itting she herself was the cause of the “delay” in fulfilling the order by waiting to complete order form); 94:9-96:11, 132:5-133:19 (itting Polito did Neely directly); see also Ex. 11 (“Genius” Facebook post) to Ex. B (Neely Dep.) & Ex. B 61:18-62:22 (itting Neely never complained about the quality of photography). 56 Exs. 55 & 62 to Ex. B (Neely Dep.). 57 Ex. 55 to Ex. B (Neely Dep.).

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x

xi

stand behind photographers no matter what.”58 Neely published the statement that Polito The contract clearly stated that Defendants “didn’t shoot out [sic] wedding. She contracted for two company photographers and also stated the higher cost to hire Polito sent 2 people we had never met.”61 specifically (itted).62 Defendants did not opt or pay for Polito to photograph their wedding but rather contracted for APP’s company photographers (itted).63 Though Neely again misrepresented actual costs as outlined in her contract and wedding package, she even told Scott Gordon of NBC that it cost more to hire Polito specifically, demonstrating her awareness of the contract and the a la carte options. Neely published the statement “the fact Neely could not name more than two brides that she’s done this to over 22 brides she personally spoke with about any issue with that have come forward over the last 24 Polito or APP, and did not directly hear about hours proves that what I did was issues from 22 brides.65 right.”64 11.

Neely then published the statement that she was “pretty sure [Polito’s] business

is done,”66 and that “justice was served.”67 Andrew published similar statements to his friends, namely: “[Polito]’s gonna get her image ruined”68; “[t]he people will let up on Neely but the photographer’s business is damaged”69; and “we were hoping [Polito] would have tried to save her business and given us our album and pictures.”70

59

Ex. B (Neely Dep.) 168:5-169:4. Ex. A (Polito Aff.) ¶ 13. 58 Ex. 84 to Ex. D (Andrew Dep.) & Ex. D 73:8-74:15. 61 Ex. E; Ex. 41 to Ex. B (Neely Dep.). 62 Ex. B (Neely Dep.) 45:11-23, 57:18-58:1. 63 *Ex. 7 to Ex. B (Neely Dep.) (permanently sealed) & Ex. B 45:24-46:2. 64 Ex. 48 to Ex. B (Neely Dep.). 65 Ex. B (Neely Dep.) 128:22-131:9. 66 Ex. 55 to Ex. B (Neely Dep.). 67 Exs. 48 & 57 to Ex. B (Neely Dep.) & Ex. B 127:25-128:21; see also Ex. 52 to Ex. B. 68 Ex. 78 to Ex. D (Andrew Dep.). 69 Id. 70 Ex. 80 to Ex. D (Andrew Dep.) & Ex. D 63:14-65:13. 60

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12.

NBC then published a second follow-up article in an attempt to assuage viewers

who demanded unbiased journalism.71 That article received only 80,614 views,72 demonstrating that any later effort to clarify Polito’s position would be unfruitful because masses had already heard, and believed, the original story. 13.

Neely told a Petroleum Club event coordinator that “honestly the best you can

do is just tell girls to use someone else, james French, holt hanesworth, anyone else,”73 directing potential business away from Polito. 14.

Defendants also “liked” other defamatory statements posted by third parties, some

of whom were Defendants’ friends.74 Those posts include that Polito is a “scam artist”75; that imply a death threat76; and that accuse Polito of “g[iving] [the reviewer] AIDS.”77 In several instances, Neely also commented on the posts, acknowledging that she agreed with them and/or found them humorous.78 Andrew likewise approved of the negative attacks on Polito.79 15.

And yet Defendants continue to flout their contractual obligations, despite the

overwhelming evidence proving their malicious conduct and despite this litigation. Neely again failed to comply with—and actually breached—her contract by posting non-watermarked photos on her social media s without permission from APP.80

71

Ex. C-3 to Ex. C (NBC Aff.). Ex. C-2 to Ex. C (NBC Aff.). 73 Ex. 61 to Ex. B (Neely Dep.). 74 See e.g., Ex. 68 to Ex. B (Neely Dep.) & Ex. B 200:24-202:22. 75 Ex. 87 to Ex. D (Andrew Dep.). 76 Ex. 59 to Ex. B (Neely Dep.). 77 Ex. 86 to Ex. D (Andrew Dep.) & Ex. D 77:24-79:25 (Andrew certain he did not “like” the AIDS post, but itting it is possible he “liked” the scammer post); see also Exs. 85 & 88 to Ex. D (Andrew Dep.), which the inference that Andrew did in fact use the profile in question to “like” the defamatory statements and cropped his own face once the public began commenting on his deplorable conduct; Ex. 48 to Ex. B (Neely Dep.) (Neely stating Andrew “doesn’t even have a yelp ” while Andrew its he does). 78 Ex. 59 & 67 to Ex. B (Neely Dep.) & Ex. B 199:19-200:2. 79 Ex. 79 to Ex. D (Andrew Dep.) & Ex. D 59:10-60:10 (“Yeah, her Facebook page is blowing up. Ha ha.”). 80 Ex. A-10 to Ex. A (Polito Aff.) & Ex. A ¶ 20. Note that Polito discovered the breach after filing the original petition. 72

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16.

Polito has suffered direct reputational injury from Defendants’ defamation, which

has resulted in a loss of prospective clients.81 Polito has also suffered lost profits and income: APP has earned a revenue history of approximately $180,000 to $240,000 for the months of January through May from 2008 to 2014.82 Since January, when Defendants first began their defamatory campaign, APP has earned less than $38,000, some of which was from weddings booked last year.83 Because the story went viral, prospective clients are still discovering the defamatory statements and refusing to conduct business with Polito and APP, as well as promising to spread the word to their s to do the same.84 17.

On average, over the past nine years, APP historically booked 30-40 weddings in

January and February, the busiest booking months of the year, and approximately 75 weddings or other events for the entire year.85 APP has only booked two weddings this year—and it is now the end of June.86 Additionally, Polito has loaned $40,000 to APP, can no longer afford APP’s office lease, and cannot pay the salary for her officer manager, who is no longer employed.87 And Polito cannot even for more business because she was forced to close her Facebook business page the night the story aired to avoid further damage to APP’s reputation from the inflated onslaught of one-star reviews that cannot be removed.88 Not only is it evident that Defendants’ defamation in January 2015 directly caused APP’s loss of revenue beginning in January 2015, but prospective clients and industry s’ express refusal to transact with APP because of Defendants’ statements is direct evidence that Defendants’ defamation caused APP’s general and special damages. 81

Ex. A-6 to Ex. A (Polito Aff.) & Ex. A ¶¶ 12, 15. Ex. A-8 to Ex. A (Polito Aff.) & Ex. A ¶ 15. 83 Ex. A (Polito Aff.) ¶ 16. 84 Ex. A-9 to Ex. A (Polito Aff.) & Ex. A at ¶ 17. 85 Ex. A (Polito Aff.) ¶ 15. 86 Ex. A (Polito Aff.) ¶ 16. 87 Id. at ¶ 18. 88 Id. at ¶ 16. 82

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III. ARGUMENTS AND AUTHORITIES A.

Legal Standard The Texas Citizens Participation Act (“TA”) was enacted “to encourage and safeguard

the constitutional rights of persons to petition, speak freely, associate freely […] and, at the same time, protect the rights of a person to file meritorious lawsuits for demonstrable injury.” Young v. Krantz, 434 S.W.3d 335, 339 (Tex. App.—Dallas 2014, no pet. h.) (emphasis added); TEX. CIV. PRAC. & REM. CODE § 27.002. Importantly, “free speech is not absolute and does not insulate defamation.” Pickens v. Cordia, 433 S.W.3d 179, 187 (Tex. App.—Dallas 2014, no pet. h.) (citing Waste Mgmt. of Tex., Inc. v. Tex. Disposal Sys. Landfill, Inc., 4343 S.W.3d 142, 146 (Tex. 2014)). Neither does the TA protect commercial speech. TEX. CIV. PRAC. & REM. CODE § 27.010(b). A defendant may move to dismiss an action, showing by a preponderance of the evidence that the action is “based on, relates to, or is in response to” the defendant’s exercise of the right of free speech. TEX. CIV. PRAC. & REM. CODE §§ 27.003(a) & 27.005(b). But the court may not dismiss the lawsuit if the plaintiff establishes “by clear and specific evidence a prima facie case for each essential element of the claim in question.” TEX. CIV. PRAC. & REM. CODE § 27.005(c). This standard is met when the plaintiff provides evidence that is “unambiguous, sure, or free from doubt” (clear), “explicit or relating to a particular named thing” (specific), and establishes the “minimum quantum of evidence necessary to a rational inference that the allegation of fact is true” (prima facie case). In re Lipsky, NO. 13-0928, 2015 WL 1870073, at *6 (Tex. Apr. 24, 2015). In short, the TA “demands more information about the underlying claim [but] does not impose an elevated evidentiary standard.” Id. at *7. The TA also permits the use of circumstantial evidence. Id. at *5-7.

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After such a showing, a court may only dismiss the plaintiff’s action “if the moving party establishes by a preponderance of the evidence each essential element of a valid defense to the nonmovant’s claim.” TEX. CIV. PRAC. & REM. CODE § 27.005(d). B.

The Commercial Speech Exemption Applies to Neely’s Statements Made Through Her Blog. The TA does not apply to statements made by Neely—“a person primarily engaged in

the business of selling […] goods or services” whose statements “ar[o]se out of the sale […] of goods or services […] in which the intended audience is an actual or potential buyer or customer.” Better Bus. Bureau of Metro. Dallas, Inc. v. BH DFW, Inc., 402 S.W.3d 299, 309 (Tex. App.—Dallas 2013, pet. denied) (hereinafter “BBB of Dallas”); TEX. CIV. PRAC. & REM. CODE § 27.010(b). Neely is a social media expert who owns a social media company and blog.89 She is primarily engaged in the business of posting sponsored reviews, which generates revenue.90 To attract sponsors and earn more money, then, Neely must acquire more subscribers and viewers—her customers.91 Sponsors also consider the number of followers on any social media attached to Neely’s blog.92 Neely also now has advertising on her website, and the number of “hits” on her site increases this additional revenue stream. Before January 2015, Neely had 1.1 million viewers to her Google+ , and 1.5 million after her smear campaign. Her Instagram had 12,200 followers before January 2015, and now has 16,900. At least one of Neely’s 17 posts discussing the defamatory story that aired on NBC was made specifically through her blog (3.1 million monthly page views, more than 48,000 subscribers, and 825,000 unique visitors), reaching her intended audience.93 All of her social

89

Ex. B (Neely Dep.) 11:2-16. Ex. B (Neely Dep.) 15:20-17:4. 91 Ex. B (Neely Dep.) 17:11-18:6. 92 Ex. B (Neely Dep.) 17:24-18:6. 93 Ex. B (Neely Dep.) 143:10-147:16. 90

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media s are linked, such that a post to Instagram (16,900 followers) also posts to Twitter (11,400 followers), Facebook (more than 25,000 followers), and her blog. But the source of her posts is not as important as the increase in followers, which is a significant factor to a potential sponsor. The positive effect that Defendants’ smear campaign has had on Neely’s business is undeniable: her “followers” have increased dramatically, and she has directly profited from that increase with new ments and sponsored posts. Because Neely’s defamatory statements arose out of the sale of her services as a professional blogger to her intended audience of actual and potential blog subscribers, which increased her following thereby attracting sponsors, her statements do not fall within the protections of the TA. C.

Plaintiffs Have Proved Each Element of Their Claims by Clear and Specific Evidence. Although the commercial speech exemption removes this dispute from the purview of the

TA, even if it did not, Polito and APP have proved each element of their claims by clear and specific evidence. 1.

Defendants’ Statements Are Defamatory Per Quod.

“A statement is defamatory when, in light of the surrounding circumstances, a person of ordinary intelligence would interpret it in a way that tends to injure the subject’s reputation and thereby expose the subject to public hatred, contempt, or ridicule, or financial injury, or to impeach the subject’s honesty, integrity, virtue, or reputation.” Neyland v. Thompson, NO. 0313-00643-CV, 2015 WL 1612155, at *5 (Tex. App.—Austin Apr. 7, 2015, pet.); TEX. CIV. PRAC. & REM. CODE § 73.001. A trier of fact must look to the entirety of a disputed publication to understand whether the “gist” of the statement made is defamatory as alleged. Lipsy, 2015 WL 1870073, at *10. A claim for defamation is established when the plaintiff shows “that the defendant (1) published a statement, (2) that was defamatory concerning the plaintiff, (3) while _____________________________________________________________________________________ PLAINTIFFS’ RESPONSE TO DEFENDANTS’ TR 27.001 § MOTION TO DISMISS 230511

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acting with either malice, if the plaintiff was a public official, or negligence, if the plaintiff was a private individual, regarding the truth of that statement.” Neyland, 2015 WL 1612155, at *5. Malice means “with knowledge that [the statement] was false or with reckless disregard of whether it was false or not.” Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749, 755 (1985). While “liking” a post does not mean that the Moldovans themselves made the statement, it does republish the defamatory statements. See Neely v. Wilson, 418 S.W.3d 52, 61 (Tex. 2013) (“One is liable for republishing the defamatory statement of another,” citing Pittsburgh Press Co. v. Pittsburgh Comm’n on Human Relations, 413 U.S. 376, 386 (1973)). Therefore, Defendants are liable for republishing the statements made by third parties.94 The statements outlined in the chart in section II are defamatory for the following reasons: Defendants’ statements are clear allegations that Polito was keeping from the Moldovans items to which they were entitled, was failing to disclose fees, was delaying delivery, and has a history of such conduct with other former clients.

See Avlia, 394 S.W.3d at 659.

Such

statements charge Polito with the crimes of fraud and theft, failing to perform her job duties, and for being nonresponsive, unprofessional, and deceitful. They attack Polito’s reputation for honesty and integrity, and have subjected her to public ridicule, hatred, and contempt.95 Defendants’ statements also suggest that Polito, in turn, instituted a revenge campaign against Neely, which is blatantly false and charges Polito with general depravity. Defendants should not be rewarded for their attempt to distinguish between statements made about Polito versus APP now, when they failed to make such distinction in their posts.

94 95

Exs. 59 & 68 to Ex. B (Neely Dep.) & Ex. B 200:24-202:22; Exs. 86 & 87 to Ex. D (Andrew Dep.). Ex. A (Polito Aff.) ¶¶ 12, 15, 17.

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The damage is done. The public understands Polito and APP to be one, and attributed the same accusations to both. Neither can Defendants claim a metaphor96 absolves them of liability because “nickel and diming” has common usage and meaning in society to describe the act of charging hidden and small fees that ultimately add up to a large amount.

This intended

understanding is clear when considered in context with Defendants’ other allegations.97 As demonstrated in the chart above, Neely and Andrew had knowledge of the falsity of these statements, but failed to disclose the full facts in their communications about Polito and APP with NBC and on social media. Although Defendants repeatedly deny that Andrew posted the Wedding Wire review,98 Andrew used a proxy server to hide his identifying information while visiting Wedding Wire, Reddit, APP Facebook Page, and the Knot (all republishing the NBC story) within one hour after the NBC story aired. According to his desktop screenshots taken at 11:23 p.m. and 11:46,99 Andrew visited Wedding Wire after first opening a website used to conceal a ’s identity when making online posts—StartPage, which is a proxy service that Andrew embedded in his browser through which he can visit other websites without ing along his identifying IP address. As StartPage explains, “You are invisible to the website. They see only StartPage’s IP address, not yours. Since you never make direct with the website, they can’t see or store cookies on your browser.”100 In other words, Andrew could go through StartPage to visit Wedding Wire and post the disputed statement without it ever being traced back to him, except 96

See Defs.’ Mot. to Dismiss ¶ 29. See section II, chart v & vi, supra. 98 See Defs.’ Mot. to Dismiss ¶ 31. Notably, Defendants’ wedding date was not public at the time of the Wedding Wire post because NBC has never once published that fact. There was, therefore, only a small pool of people who knew the wedding date and about the NBC story within one hour of its airing, which is additional circumstantial evidence that Andrew himself made the Wedding Wire post. 99 A true and correct copy of the Desktop Screenshot at 11:23 p.m. is attached hereto as Exhibit “H” and incorporated by reference. A true and correct copy of the Desktop Screenshot at 11:46 p.m. is attached hereto as Exhibit “I” and incorporated by reference. 100 Ex. A-1 to Ex. A (Polito Aff.) & Ex. A ¶ 10. 97

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by the screenshots Defendants produced that show he was using StartPage.101 Notably, Andrew has a graduate degree in security engineering102 and testified that he has been trained in “faking things online,” such as changing IP addresses and creating fake s.103 The statements discussing how Polito’s business is ruined, claiming justice is served, hoping the story goes viral, and laughing at Polito removing her APP Facebook page are important to demonstrate Defendants’ malice.104

Interestingly, Defendants published these

unambiguous statements online; later denied to NBC that they actually wanted to ruin Polito’s business and, in fact, said someone created fake profiles to make the statements105; and now claim the defense of opinion.106 Defendants cannot accuse an unknown party of using their identity to make defamatory statements, and in the same breath assert the defense of opinion. They also demonstrate Defendants’ excitement and satisfaction in the damage to Polito and APP.107

That Defendants wanted to “surprise” Polito with the NBC story only further

demonstrates that they did not want a quiet resolution to a small dispute, but to institute a public campaign against Polito and to bask in and profit from the attention they would receive.108 Polito and APP have presented a substantial amount of direct evidence, and circumstantial evidence, proving that Defendants published various statements in numerous 101

A court is permitted to conduct limited discovery during the pendency of a TA motion to dismiss relevant to that motion. TEX. CIV. PRAC. & REM. CODE § 27.006(b). A subpoena to Wedding Wire for a history of visitors from January 16 between 10 p.m. and 12 a.m. would likely uncover a visit from StartPage. Although StartPage cannot provide Andrew’s personal identity, such circumstantial evidence is sufficient to meet Polito and APP’s burden to reach a jury and let them decide the credibility of such evidence. 102 Ex. D (Andrew Dep.) 8:14-18. 103 Ex. D (Andrew Dep.) 11:21-12:4. 104 See section II ¶¶ 6, 10. 105 Ex. 60 to Ex. B (Neely Dep.) & Ex. B 102:24-103:1, 180:23-181:4. In the same follow-up story, Defendants denied liking the alibi comment, see Ex. 59 to Ex. B (Neely Dep.), but Neely later itted to liking it in her deposition, supposedly only the glitter part, see Ex. B (Neely Dep.) 176:3-179:11. 106 See Defs.’ Mot. to Dismiss ¶ 29. 107 Exs. 50 & 57 to Ex. B (Neely Dep.). 108 Ex. 71 to Ex. B (Neely Dep.) (“Please if you dont mind keeping this to yourself for now. We have some things going with the media and we dont want the photographer finding out about our story yet”); Ex. 78 to Ex. D (Andrew Dep.) (“we didn’t [tell Polito about the media] until we had NBC them directly/i prefer the surprise”).

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forums; that the statements were false and defamatory, affecting Polito’s reputation for honesty and integrity and, in turn, her profession; and that they made such statements with negligence and malice. Several times Defendants itted making statements with knowledge as to their falsity.

Accordingly, Defendants published statements about Polito that are actionable as

defamation per quod. Defamation per quod also requires proof of actual damages. Hancock v. Variyam, 400 S.W.3d 59, 65-66 (Tex. 2013). A defamation plaintiff may recover both general damages (noneconomic, such as for loss to reputation) and special damages (economic, such as lost income). Waste Mgmt., 434 S.W.3d at 155.

Polito has demonstrated her damages resulting from

Defendants’ defamatory statements.109 2.

Defendants’ Statements Are Defamatory Per Se.

A statement is defamatory per se if the words concern “the plaintiff’s fitness for the proper conduct of his business, trade, or profession.” Shipp v. Malouf, 439 S.W.3d 432, 441 (Tex. App.—Dallas 2014, pet. denied). The statement must “touch the plaintiff in a way harmful to one engaged in his particular business or profession.” Id. In other words, “[w]hen peculiar skill or ability is necessary, an imputation that attributes a lack of skill or ability tends to harm the other in his business or profession.” Hancock, 400 S.W.3d at 67 (reputation for honesty would not harm plaintiff physician in his profession as caregiver, teacher, research, or publisher). A statement is also defamatory per se when it “charges a person with the commission of a crime, dishonesty, fraud, rascality, or general depravity.” Neyland, 2015 WL 1612155 at *5. General damages may be presumed when the defendant acts with actual malice. Hancock, 400 S.W.3d at 65-66; see Dun & Bradstreet, Inc., 472 U.S. at 755 (actual malice as knowledge of falsity or reckless disregard of truth or falsity). 109

See section II ¶¶ 15-16, supra.

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The statements made by Defendants are defamatory per se because they concern Polito’s fitness in the proper conduct of her business APP and her profession as photographer: Polito failed to deliver or delayed delivery of what Defendants paid for when Defendants never fully complied with the contract110; Polito was nickel-and-diming Defendants and charging last minute fees when the contract stated the fees at issue111; and Polito failed to photograph Defendants’ wedding when Defendants never paid for Polito to do so.112 Also defamatory per se are the statements that generally charge Polito with theft, dishonesty, fraud, and general depravity: Polito withheld the wedding pictures from Defendants113; Polito cheated, scammed, and blatantly stole money114; Polito tried to extort more money from Defendants before releasing the pictures115; Polito wholly lied in her one defense online116; and Polito directed her friends to harass Neely.117 Defendants acted with malice— they itted they knew their statements were false, or that they did not exercise care as to their falsity. See Dun & Bradstreet, Inc., 472 U.S. at 755. 3.

Defendants’ Statements Amount to Business Disparagement.

Many of Defendants’ statements amount to defamation of Polito and business disparagement of APP because Defendants do not distinguish between the two persons, and the public understands them to be one. The elements of business disparagement are: “(1) the defendant published false and disparaging information, (2) with malice, (3) without privilege, (4) that resulted in special damages to the plaintiff.” Better Bus. Bureau of Metro. Houston, Inc. v. John Moore Servs., Inc., 441 S.W.3d 345, 358 (Tex. App.—Houston [1st Dist.] 2013, pet. 110

See section II, chart iv, supra. See id. at v & vi. 112 See id. at x. 113 See id. at i. 114 See section II, chart ii, supra. 115 See id. at iii. 116 See id. at viii. 117 See id. at ix. 111

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denied) (hereinafter “BBB of Houston”). “Special damages are economic damages such as for lost income.” Waste Mgmt., 434 S.W.3d at 155. Defendants published such statements with knowledge of their falsity,118 with reckless disregard about their truth or falsity,119 and with ill will, intending to interfere with APP’s economic interests.120 Defendants have not asserted, and cannot assert, any privilege by which they made these statements. Defendants do raise the defenses of opinion and substantial truth,121 which both fail for the reasons set forth in section D below. As described previously, APP has suffered lost income: while APP once earned $180,000 to $240,000 for the months of January through May, since Defendants’ social media campaign, APP has only made approximately $38,000.122 This dramatic shift in revenue occurred the very same month that Defendants instituted their campaign. Such lost income is a direct result of Defendants’ conduct in making the story go viral, as evidenced by prospective clients’ vows not to work with APP and to encourage their s not to either.123 Polito has also suffered outof-pocket expenses in attempts to cover the lost income.124 Unfortunately, the loss of revenue is now so great that APP cannot afford its existing lease payments and must sublease to avoid default, and Polito cannot pay the salary of her office manager of five years who is now no longer with APP.125 4.

Defendants Tortiously Interfered with Polito and APP’s Prospective Contracts.

Tortious interference with prospective business relations requires a showing that:

118

See id. at i-v, vii. See id. at vi. 120 See id. at x. 121 See Defs.’ Mot. to Dismiss ¶¶ 27-31. 122 Ex. A-8 to Ex. A (Polito Aff.) & Ex. A ¶¶ 15-16. 123 Ex. A-6 to Ex. A (Polito Aff.) & Ex. A ¶¶ 12, 17. 124 Ex. A (Polito Aff.) ¶ 18. 125 Id. 119

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(1) there was a reasonable probability that the plaintiff would have entered into a business relationship with a third party; (2) the defendant either acted with a conscious desire to prevent the relationship from occurring or knew the interference was certain or substantially certain to occur as a result of the conduct; (3) the defendant’s conduct was independently tortious or unlawful; (4) the interference proximately caused the plaintiff injury; and (5) the plaintiff suffered actual damage or loss as a result. Fjell Tech. Group v. Unitech Int’l, Inc., No. 14-14-00255-CV, 2015 WL 457805, at *9 (Tex. App.—Houston [14th Dist.] Feb. 3, 2015, no pet. h.). One of the more blatant examples of tortious interference concerns Lauren Callon (“Callon”), the events coordinator at the Petroleum Club, a premier venue in Dallas: Neely told Callon to direct potential business away from APP.126 APP has previously photographed weddings at the Petroleum Club, and with such history, had a reasonable probability of photographing there again.127 Neely consciously desired that Callon direct business away from APP and to any other photographer. Neely’s conduct was independently tortious based on her statements actionable as defamation per quod and per se, and as business disparagement. Callon agreed with Neely to steer brides away from APP, such that Neely’s interference “proximately caused” injury to APP.128 And APP suffered actual damages.129 Additionally, Defendants’ social media efforts have directly deterred other potential clients from conducting business with APP.130 5.

Defendants Committed Civil Conspiracy.

Lastly, civil conspiracy requires: (1) two or more persons; (2) an object to be accomplished; (3) a meeting of the minds on the object or course of action; (4) one or more unlawful, overt acts; and (5) damages as a proximate result.

126

Ex. 61 to Ex. B (Neely Dep.). Ex. A (Polito Aff.) ¶ 11. 128 Ex. 61 to Ex. B (Neely Dep.) (Callon agrees: “awesome! That’s great! Oh, I never recommend her. I took her off our vendor list.”). 129 Exs. A-4, A-5 & A-8 to Ex. A (Polito Aff.) & Ex. A ¶¶ 12-13, 15. 130 Id. 127

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Tri v. J.T.T., 162 S.W.3d 552, 556 (Tex. 2005). Merely proving intent to engage in the wrongful conduct is not enough, and there can be no conspiracy to be negligent. Id. at 557. Neely and Andrew are two people who conspired with malice (knowledge of the result) to ruin Polito’s reputation and her business APP, as demonstrated by their t conduct described herein and by their own issions.131 The two had a meeting of the minds on how to ruin Polito’s business when they worked tly in ing local media to first publish the story and then inciting a social media campaign.132

Through their scheme, Defendants

unlawfully committed defamation per se and per quod, as well as business disparagement. As detailed above, Polito and APP suffered reputational and economic injury.133 D.

Defendants Have Not and Cannot Prove Their Affirmative Defenses by a Preponderance of the Evidence. Defendants have no evidence proving any truth or opinion in their statements because

they were false statements of “facts”.134 Therefore, their defenses are baseless and fail, and this action may not be dismissed. TEX. CIV. PRAC. & REM. CODE § 27.005(d). An opinion is an indefinite or ambiguous individual judgment that depends on “the eye of the beholder,” or a “loose and figurative term” used as a metaphor or hyperbole. Avila, 394 S.W.3d at 659.

However, when such statements are “not presented as opinion but [a]re

sufficiently factual to be susceptible of being proved true or false,” those statements are actionable as defamation. Lipsky, 2015 WL 1870073, at *11.

131

Ex. 80 to Ex. D (Andrew Dep.) (Andrew speaking about himself and Neely: “we were hoping [Polito] would have tried to save her business and given us our album and pictures”); Ex. 63 to Ex. B (Neely Dep.) (Neely and Andrew “are hoping that [their] story makes the news and completely ruins [Polito’s] business.”). 132 Ex. B (Neely Dep.) 100:16-24 (Neely explaining Park Cities post whereby she requested media s), 108:15-109:11 (Neely explaining Andrew actually sent the emails to the media); Ex. D (Andrew Dep.) 49:20-51:25 (evading the questions whether he asked Neely about ing the media, whether Neely suggested or agreed to making such , and whether he asked NBC not to run the story if an agreement was reached with Polito). 133 Exs. A-3 to A-9 to Ex. A (Polito Aff.) & Ex. A ¶¶ 11-18. 134 See Defs.’ Mot. to Dismiss ¶¶ 27-30.

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Truth is a defense to defamation, but “literally or substantially true facts which are published in such a way that they create a substantially false and defamatory impression by omitting material facts or juxtaposing facts in a misleading way are actionable as defamation.” Klentzman v. Brady, 312 S.W.3d 886, 898 (Tex. App—Houston [1st Dist.] 2009, no pet.). “Therefore, a defendant who gets the details right but fails to put them in the proper context and thereby gets the story’s ‘gist’ wrong may be held liable for defamation.” Id. Accordingly, a court must consider a “reasonable person’s perception of the entirety of a publication and not merely [] individual statements.”

Id.

Such consideration includes “whether the alleged

defamatory statement was more damaging to the plaintiff’s reputation, in the mind of the average listener, than a truthful statement would have been.” KBMT Operating Co., LLC v. Toledo, 434 S.W.3d 276, 284 (Tex. App.—Beaumont 2014, pet. granted). 1.

Defendants Failed to Prove Their Defense of Opinion.

Defendants assert the defense of opinion to a number of their statements, as well as to Defendants’ “liking” certain defamatory per se statements.

Even if the phrase itself was

exaggerated language, “holding pictures hostage”135 was more than mere hyperbole because Defendants wanted the public to believe, as they believed, that Polito and APP were refusing to release their pictures. This accusation was asserted as a fact and could be verified as true or false—either Polito and APP were keeping the pictures illegitimately or they were not. In contrast with Defendants’ confused characterization in paragraph 29 of their Motion to Dismiss, Polito did respond to Defendants.136 What is uncontested is that Defendants did not attempt to communicate with Polito directly; rather they always corresponded with Chaney,

135 136

See section II, chart i, supra. See id. at vii; Ex. 39 to Ex. B (Neely Dep.).

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APP’s office manager.137 Stating that they never heard from Polito is not an opinion as if Neely had said “I’m not sure, I don’t think I heard from her.” Instead, Neely made a factual statement that could be verified as true or false. Defendants’ assertions that none of what Polito said in her January 19 “Open Letter” is true is likewise not an opinion wherein they state a belief.138 These accusations could be verified as true or false by the contract document and emails. There is nothing indefinite, ambiguous, loose, or figurative about the phrase “none of it is true.” Defendants clearly asserted as fact that Polito’s statements in her post were all false. Additionally, Defendants did want the public to believe that Polito and APP kept “nickel and diming”139 them by charging hidden fees, evidenced by the various statements Defendants made to that same effect without using this phrase.140 Yet Neely repeatedly itted in her deposition that the contract clearly outlined the fees for which Polito and APP allegedly “nickel and dimed” Defendants.141 This statement can be verified as true or false based on the contract, the communications between the Parties, and now the deposition testimony. The statements contained in section II, paragraphs 6-7, 10, and 12 are relevant in demonstrating Defendants’ malice and intent to ruin Polito’s reputation and business APP, and their tortious interference. Polito and APP agree with Defendants that the statements therein express Defendants’ “hoped for effect” of the “media furor” that would hurt Polito and APP.142 Lastly, Polito and APP have not contended that “liking” a social media post is itself actionable. Rather, Defendants’ “liking” certain defamatory posts results in republishing the

137

Ex. B (Neely Dep.) 134:13-25; Ex. D (Andrew Dep.) 47:11-21. See section II, chart viii, supra. 139 See id. at v. 140 See section II, chart ii, iii, & vi supra. 141 Ex. B (Neely Dep.) 35:23-36:10, 45:11-47:7, 56:17-23, 120:19-22. 142 See Defs.’ Mot. to Dismiss ¶ 29. 138

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statement on their own social media pages, which is actionable. See Neely, 418 S.W.3d at 61. Further, “liking” posts discussing or encouraging harm to Polito or APP demonstrates Defendants’ malicious intent towards Polito and APP. For these reasons, Defendants have failed to establish by a preponderance of the evidence that the defense of opinion applies to any of these statements, or to Defendants’ “liking” and republishing other speakers’ defamatory and malicious statements. 2.

Defendants Failed to Prove Their Defense of Substantial Truth.

Defendants next assert the defense of substantial truth to their other statements. While Defendants continued to demand their photographs before completing their album, in contravention of the contract, APP offered to deliver the images immediately if Defendants released the album order or to deliver the images as soon as Defendants submitted the album order form and approved the album design, and Polito would have provided the album cover free of charge.143 Moreover, neither $125 nor $225 charge for the custom designed album cover is “several hundred dollars more,” as even Neely its herself.144 Defendants falsely accuse Polito and APP of delay by stating they had “weeks to fulfill” delivery of the wedding pictures.145 This statement in section II, chart iv is patently false because Defendants never “gave Polito and APP weeks to fulfill”146 the album order or delivery of the photos because Defendants’ inaction caused the delay. Even accepting Defendants’ timeline beginning on November 20, 2014,147 and even setting aside the dispute about the album cover fee, Defendants itted that they understood they had to submit the album order form 143

Ex. 39 to Ex. B (Neely Dep.). Ex. B (Neely Dep.) 110:16-111:20; see section II, chart iii, supra. 145 See section II, chart iv, supra. 146 Ex. B (Neely Dep.) 169:20-170:15. 147 See Defs.’ Mot. to Dismiss ¶ 30. 144

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with their photo selection to begin the album design process.148 Defendants did not provide the order form until February 2015, after litigation began.149 Neely also itted that after the December 30 concessionary email from APP, she did not even look at the order form until January 8.150 Only four days later, Defendants ed NBC. While it was Neely’s opinion or belief that Polito directed her friends to harass her, Neely itted that she made a factual statement without proof.151 There is nothing substantially true about this statement. Simply because a third party on his or her own volition decides to and defend Polito or post negative comments about Defendants (correlation) does not mean that Polito “had” her friends do so (causation), because Polito did not so direct. Defendants provide a weak argument that, because one speaker works in the photography industry and another is a self-proclaimed er of Polito, it is substantially true that Polito directed such harassment.152 But most importantly, Polito has never met or spoken with this er who lives in ; rather the er knew of APP’s stellar reputation and a history of Neely’s malicious behavior toward others.153 Here, Defendants had the details and the gist wrong. See Klentzman, 312 S.W.3d at 898. The statement that Defendants were charged $900 only days before the wedding is also not true.154 The two additional hours of wedding coverage actually cost $600, was paid by Neely’s father, and was not charged until ten days after the wedding.155 Neely itted she was

148

Ex. B (Neely Dep.) 58:8-60:1; Ex. D (Andrew Dep.) 69:12-70:1 (Andrew itting he asked for images before time allotted in the contract, “assuming that [Defendants] followed the contract entirely”). 149 Ex. B (Neely Dep.) 87:23-88:13, 59:12-23. 150 Ex. B (Neely Dep.) 83:2-19. 151 Ex. B (Neely Dep.) 168:5-169:4; see section II, chart ix, supra. Notably, Defendants do not assert the defense of opinion as to this statement, but that defense nevertheless fails because it was a factual statement. 152 See Defs.’ Mot. to Dismiss ¶ 30. 153 Ex. A (Polito Aff.) ¶ 12. 154 See section II, chart vi, supra. 155 Ex. 17 to Ex. B (Neely Dep.) & Ex. B 119:24-123:16, 125:8-126:6, 210:7-22.

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not aware of the amount or when it was charged because she was on her honeymoon.156 In other words, Neely made this statement recklessly. Lastly, that Polito did not shoot Defendants’ wedding157 is a literally true fact “published in such a way that [it] create[s] a substantially false and defamatory impression by omitting material facts or juxtaposing facts in a misleading way,” and, as such, is actionable as defamation. See Klentzman, 312 S.W.3d at 898. Defendants correctly set forth this one detail, but omitted that they did not opt or pay for Polito to photograph their wedding, and that they understood Polito cost more than her company photographers.158 Neely specifically chose a wedding package that did not include Andrea Polito to personally photograph her wedding because the cost for Polito was beyond Neely’s budget.159 The Court should not consider this statement in isolation, but rather should examine the context of the Moldovans’ other lies posted online. See Klentzman, 312 S.W.3d at 898. Defendants got the gist wrong here and damaged Polito by effectively accusing her of not doing her job, and not providing the services for which Defendants paid, which is significantly damaging in the wedding industry. For the foregoing reasons, Defendants failed to prove the defenses of opinion and substantial truth. IV. REQUEST FOR COSTS AND ATTORNEYS’ FEES The Court may award costs and reasonable attorneys’ fees upon a finding that Defendants’ motion to dismiss is frivolous or solely intended to delay. TEX. CIV. PRAC. & REM. CODE § 27.009(b). Frivolous or groundless means there is no basis in law or fact. Id. at § 9.001(3) (chapter concerning frivolous pleadings and claims). There is no basis for pleading the 156

Ex. B (Neely Dep.) 125:14-19 (“I was on my honeymoon […] Again, it wasn’t my credit card, so I wasn’t really involved.”). 157 See section II, chart x, supra. 158 Ex. 7 to Ex. B (Neely Dep.) & Ex. B 45:24-46:2. 159 Ex. A (Polito Aff.) ¶ 3.

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defenses of opinion and substantial truth, as evidenced by Defendants’ own testimony. Consequently, their defenses were groundless and this Motion to Dismiss frivolously filed, resulting in delay and increasing costs to Polito and APP who already suffer economic damage from Defendants’ conduct. Therefore, Polito and APP request the Court award their court costs and attorneys’ fees.160 V. PRAYER Plaintiffs Andrea Polito and Andrea Polito Photography, Inc. respectfully request that this Court deny Defendants’ Motion to Dismiss, award Polito and APP their court costs and reasonable attorneys’ fees, and such further relief, at law or in equity, to which they may be justly entitled.

Dated: June 29, 2015

Respectfully submitted, GRUBER HURST ELROD JOHANSEN HAIL SHANK LLP By:

/s/ David F. Wishnew David F. Wishnew State Bar No. 24052039 Email: [email protected] 1445 Ross Avenue, Suite 2500 Dallas, Texas 75202 Telephone (214) 844-6800 Facsimile (214) 855-6808 ATTORNEYS FOR PLAINTIFFS

160

Upon an award of fees and costs, Plaintiffs will submit evidence demonstrating their reasonable and necessary attorneys’ fees and costs incurred.

_____________________________________________________________________________________ PLAINTIFFS’ RESPONSE TO DEFENDANTS’ TR 27.001 § MOTION TO DISMISS 230511

PAGE 29

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on counsel of record via electronic transmission on this 29th day of June 2015, as follows: Walter A. Boyd, III The Law Offices of Walter A. Boyd, III 4918 Milam Street Houston, Texas 77006 Telephone (713) 869-1200 Facsimile (713) 802-9747

/s/ David F. Wishnew David F. Wishnew

_____________________________________________________________________________________ PLAINTIFFS’ RESPONSE TO DEFENDANTS’ TR 27.001 § MOTION TO DISMISS 230511

PAGE 30

EXHIBIT A CAUSE NO. DC-15-03069 ANDREA POLITO and ANDREA POLITO PHOTOGRAPHY, INC., Plaintiffs. v. NEELY MOLDOVAN and ANDREW MOLDOVAN, Defendants.

§ § § § § § § § § §

IN THE DISTRICT COURT

DALLAS COUNTY, TEXAS

134TH JUDICIAL DISTRICT

AFFIDAVIT OF ANDREA POLITO STATE OF TEXAS COUNTY OF DALLAS

§ § §

BEFORE ME, THE UNDERSIGNED AUTHORITY, on this day personally appeared Andrea Polito who is personally known to me, and after being duly sworn according to law, was deposed and said: 1. “My name is Andrea Polito. I am more than 21 years of age. I am of sound mind and I am competent to make this Affidavit and to testify to the matters stated herein. The statements set forth in this Affidavit are true and correct, and they are within my personal knowledge. I am the Founder, Owner, and Custodian of Records of Andrea Polito Photography, Inc. (“APP”). 2. I am a professional wedding photographer, and I own and operate Andrea Polito Photography, Inc. I founded APP twelve years ago in Dallas and have since served more than 600 brides. Our photography arrangements are custom-designed to suit each bride’s needs and budget. 3. In January 2014, we began consultations with Neely Moldovan for her October 2014 wedding and explained each aspect of the contract—pricing, timelines, and items included. I also explained in detail to Neely the separate cost for the album covers, why the album covers are chosen after their wedding, and showed her several different examples. Neely signed a contract with us on January 3, 2014 for seven (7) hours of photography services, with additional coverage for $300 per hour. Neely purchased a customized $4,200 Wedding Collection. Over the next few months she also purchased items from the a la carte menu: two additional hours on wedding day for $600 total and an engagement session of high-resolution images with extensive editing at $550. Neely’s package did not include rehearsal dinner coverage purchased separately by another family member. Neely also did not choose for me, personally, to photograph her wedding because my fee is higher than that for APP company photographers and would have been outside of her budget. We sent a second Welcome Packet to the Moldovans on January 8, 2014. Page 1

4. The welcome packet contains a Frequently Asked Questions section. Together, the contract and welcome packet provide: a. Seven (7) hours of wedding coverage, and each additional hour costs $300; b. Additional products may be added from the a la carte menu; c. The client must specifically hire Polito to photograph the wedding for an additional cost; d. Wedding photographs will be available for viewing 4-6 weeks after the wedding; e. Storybook Album Order Form must be submitted within four (4) months after the viewing, after which the client will incur an archival fee of $250 to store the photographs off-site; f. The client has two (2) weeks to approve the album design; g. Each album is custom-made and hand-assembled in Italy, and will be delivered 68 weeks after design approval; h. Wedding day negatives will be provided when the final album and/or box order is delivered (bolded in original); and i. Posting non-watermarked images online without permission is a violation of copyright law and the contract. 5. In May 2014, we took engagement photographs of the Moldovans. When Neely Moldovan asked about receiving proofs and prints, my Studio Manager Chaney resent the Welcome Packet and explained via email (1) the cost for obtaining a disk of images and (2) the copyright policy limiting photographs for personal use. 6. The Moldovans married on October 11, 2014, and we photographed their wedding for nine (9) hours. From November 2014 through January 2015, they demanded numerous times a disk with their high-resolution photos from their wedding. Chaney explained each time that it is our policy to deliver the disk upon completion of the photo album, and she resent multiple times to the Moldovans the Welcome Packet, which detailed the product offerings in their package and related timelines. 7. When the Moldovans asked about the album cover fee, Chaney further explained that the album cover cost is separate from the actual album itself because options and prices can change from the time of the initial consultation to the actual order placement. I found a Facebook post by someone I have never met or spoken with who explained that it is standard practice in the wedding photography industry to charge a separate fee for album covers assembled by third-party vendors. A true and correct copy of the album cover fee post is Page 2

attached hereto as Exhibit “A-1” and incorporated by reference. While the album does come print and bound with a plain black front, our “cover” options are photo jacket, leather, embossing, or die cut image, which a client chooses after they have seen their photographs and which is an additional cost, as explained in the consult. Chaney also presented to the Moldovans the option of forfeiting the album to receive the disk of high-resolution images immediately, and had previously offered to release the disk when the album was designed rather than delivered as a concession. 8. Concerned about my client’s satisfaction, I ed the Moldovans on January 14, 2015 and offered to assume the cost of the album cover. 9. Approximately three hours later, I learned that the Moldovans interviewed with local news station NBC 5, claiming that I was “holding their pictures hostage unless they pay an extra fee for a ‘cover’ for their photo album.” The Moldovans also told NBC that unless they paid for the cover or forfeited the album, they would not receive their disk of images, but they make no mention of the offer I made them that very same day. 10. I have located a series of defamatory comments throughout social media forums, including Facebook, Instagram, Yelp, The Knot, and Wedding Wire, amongst others, which are the incidents made the basis of this case. A true and correct copy of reviews from The Knot is attached hereto as Exhibit “A-2” and incorporated by reference. I have also printed a description of StartPage’s proxy services, which is a website Andrew used to post reviews on Wedding Wire and other sites without releasing his identify information. A true and correct copy of the StartPage print-out is attached hereto as Exhibit “A-3” and incorporated by reference. 11. I later found a host of Instagram and Facebook posts by Neely showing her excitement about the NBC story, claiming “justice was served”, and overall “obsessing” about her “news debut.” A true and correct copy of Neely’s excitement posts are attached hereto as Exhibit “A-4” and incorporated by reference. 12. Additionally, former clients have told me that Neely has also ed them, and they have shown me Facebook messages they received from Neely. For instance, I received screenshots of postings Neely made on Facebook, attached hereto as Exhibit “A-5” and incorporated by reference. Also, I learned that Neely told the current event coordinator at the Petroleum Club to steer business away from me. APP has photographed at the Petroleum Club for years and would hope to do business there again. The Moldovans’ actions have harmed me personally, by causing me public humiliation, by damaging my reputation as a professional and as a photographer, and by damaging my company’s image as a reputable business. In particular, various of the photography industry have ed me, shaming me for the Moldovans’ allegations and refusing to conduct business with me in the future. A true and correct copy of sample emails from industry s is attached hereto as Exhibit “A-6” and incorporated by reference. 13. Neely and Andrew did not stop there. They also accused me of harassing Neely and having my “friends” help. None of my friends have harassed Neely. The person Defendants Page 3

refer to, Stacy Reeves, decided on her own to garner for me within the Dallas photography industry. I had never met or spoken with Stacy before January 2015, and still have not met her because she lives in . 14. On January 19, I made a post on my APP blog explaining my side of the story. Within 24 hours, my site received more than 120,000 views from 143 countries and another 120,000 views from 183 countries by January 21. A total of 1,177,000.00 viewers from 195 countries have now seen my post. The NBC article was even republished by foreign journals, like the Daily UK, and strangers from around the world commented about the NBC story. A true and correct copy of the Daily UK article and negative comments from foreigners is attached hereto as Exhibit “A-7” and incorporated by reference. For instance, one commenter Bella Christina Donham Oberhansley is from Saudi Arabia. 15. This loss of clients and industry s has cost me dearly. From 2011 to 2014, APP has earned roughly $180,000 to $255,000 for the months of January through May. A true and correct copy of the APP Revenue History is attached hereto as Exhibit “A-8” and incorporated by reference. On average, for the past nine years, I also booked in January and February of each year 30-40 weddings, and 75 weddings and other events total for the entire year. This year to date I have only booked two. 16. Since January, when the Moldovans first instituted their social media campaign against me, APP has not earned more than $38,000. I have only booked two weddings this year, as of June 25, 2015. A comparison with previous years shows just how effective—and damaging—the Moldovans’ campaign was. Even worse, I have had to close down my APP Facebook page since January because I cannot remove the 50-plus one-star reviews that were made as soon as the story aired, which directly damages my business’ reputation. 17. In fact, now four months later, I am still receiving messages from prospective clients and other s that they have read the Moldovans’ accusations, that they refuse to do business with me, and that they will encourage their friends not to do business with me either. For example, I received an email on May 15 to this effect. A true and correct copy of the email from a prospective client dated May 15, 2015 is attached hereto as Exhibit “A-9” and incorporated by reference. 18. I also have out-of-pocket expenses resulting from the Moldovans’ campaign, which directly stilted my revenue stream. Because I am unable to earn the same income as before, I now have to use my personal savings to pay for the costs of my business. I have already loaned APP $40,000 of my personal funds to keep it from going under. And it is not enough. Unfortunately, I cannot afford the pre-existing lease for my office space, and I have to sublease. My long-standing and loyal office manager, Chaney, is no longer with APP because I cannot afford her salary. 19. What is more, defending against this motion to dismiss has greatly increased my legal fees, which I am already struggling to pay because of the Moldovans’ actions toward me. In an effort to mitigate my damages, I submitted a demand for correction and clarification pursuant to Tex. Civ. Prac. & Rem. Code § 73.055(c). Page 4

-------- -,

----~

20. Despite the harm Neely and Andrew have already caused me, they continue to flout their contractual obligations, even during this litigation. After filing my original petition, I found instances where Neely posted online at least two of my photos without my watermark and without my permission, which is a violation of our contract. A true and correct copy of the screenshot of the post containing non-watermarked photographs is attached hereto as Exhibit "A-lO" and incorporated by reference. 21. The documents attached hereto and incorporated by reference as Exhibits A-J (Facebook album cover fee post), A-2 (The Knot reviews), A-3 (StartPage print-out), A-4 (Excitement posts), A-5 (Friend's screenshot of Neely's Facebook post), A-6 (Emails ji'om industry s), A-7 (Republished story by Daily UK), A-8 (APP Revenue HistOlY), A-9 (Email from prospective client dated May 15, 2015), and A-I 0 (Screenshot of non-watermarked photos post) are records of which I have custody and control and which were made at or near the time of the acts or events indicated thereon, in the regnlar course of business or on behalf of APP. Further, it was the regnlar course of business for a member of APP, with knowledge of the events recorded to make the records or to transmit information thereof to be included in such records. The documents are true and correct copies of the originals, with portions redacted to protect attorney-client communications or attorney work product. FURTIffiR AFFIANT SAYETHNOT." Andrea Polito SUBSCRIBED AND SWORN TO BEFORE ME on this

S

;;1£1 #t- day of June, 2015.

My Commipionexpires: HAYlEY AlEX!NMAJORGENSEN My Commission expires Januory 14, 2017

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EXHIBIT A2

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Andrew and Neely Moldovan, from Dallas, Texas, cannot get their wedding photos until they pay $150 for an album cover Their contract included a photo album but did not mention a cover; they had assumed a book would come with a cover The couple, who paid photographer Andrea Polito $6,000 for the wedding, say they can afford the $150 but are refusing to pay on principle Polito said she told the couple about the fee in an earlier meeting, which they deny

By LYDIA WARREN FOR DAILYMAIL.COM PUBLISHED: 07:56 EST, 19 January 2015 | UPDATED: 08:38 EST, 19 January 2015

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A Texas wedding photographer is holding a couple's pictures hostage because they have refused to pay a fee they say wasn't in their contract. Andrew and Neely Moldovan, who married in October, have not yet received their professional images from Andrea Polito, who says they still owe her money for a cover for their photo album. The couple, who paid Polito $6,000 to capture their wedding, insist their contract included a photo album but never mentioned an extra fee for the cover. They say they assumed a book would automatically include a cover, NBCDFW reported. Scroll down for video

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Newlyweds: Andrew and Neely Moldovan, pictured on their wedding day, have not yet received their professionally taken photos because the photographer claims they owe her an extra $150

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Incredulous: The couple, who live in Dallas, Texas, say the extra fee is for a cover for their photo album - but the cost was never outlined in their contract with the photographer

The extra fee is $150 - and if they don't pay it, they will be unable to get the book or a CD of their photographs. 'We can pay the $150, but it's the principle,' Neely Moldovan, from Dallas, told the local channel. 'It's not the money to us. It's the principle of the fact we already paid you.'

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The contract simply says they will receive a '40 page 8.5x12 Storybook Album with up to 80 images' without mentioning an extra fee for the cover. Polito told NBC that she had told the couple about the $150 fee in an early meeting - but they said this did not happen.

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'It just didn't make sense,' Andrew Moldovan said. 'An album comes with a cover. It's a component of an album. It's a book.'

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Memories: If the couple do not pay the fee, they cannot get the photo album or CD of the photos

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Firm: The photographer, Andrew Polito (pictured), said the extra fee was discussed before the wedding

The photographer also told them that if they fail to pay the fee by February 18, the photos will become archived and it will cost them an extra $250 to access them. 'It's heartbreaking because these are our memories,' Mrs Moldovan added. 'Our wedding was over three months ago.'

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In a statement to NBC, Polito, who is also based in Dallas, said: 'We make the utmost effort to consistently provide the best customer service and highest quality of photography in the industry.'

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She said she is now trying to work with the couple to resolve the issue.

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The comments below have not been moderated. yamaha125200, salem, United States, 37 minutes ago

Amazing another badly, wrongly reported article. the photographer she has screenshots. Why do nt you give her a chance. This is NOT fair to her. and to the couple. I cant for the life of me understand why you are doing this to the photographer. This is why I hate the news. Its always a lie and you do NOT do your homework. You take one side of the story and thats it. PPL LIE New Comment

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Sayeret Matkal, Anywhere, United States, 4 hours ago

Amazing another bad news report from a reporter that didn't do their homework. Maybe if social media came crashing down on you (the reporter) without just cause then maybe you would up your journalistic standards? probably not. . . but it was a nice thought while my brain wasted dopamine in hopes that it might . .. New Comment

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Mia Alta, knoxville, United States, 14 hours ago

You should have ed the photographer. She has emails, screen shots etc proving this bride is a loon and liar. New Comment

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157

This photographer has shot over 600 weddings. You don't shoot that many without being clear and truthful with your clients. This bride didn't read the contract or listen to the photographer. Now she's just being vindictive. She's ruining someone's reputation for no reason. If anything, the photographer should sue for defamation. Reply

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197

Cory Monteith's mother set to inherit most of the late actor's $810,000 estate after father its to abandoning him as a child Died 18 months ago Ashley Judd, 46, shows off her timeless beauty in elegant white dress as she speaks on documentary in LA Promoting documentary on gender oppression A SPECS-tacular look: Selena Gomez goes make-up free as she sports glasses and hipster clothing on new movie set In Atlanta, Georgia

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Ajhuemmer, New York, United States, 15 hours ago

New Comment

No Spring Break up then! Ashley Benson and on-off boyfriend Ryan Good wear matching beanies and plaid shirts... despite split reports

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Junietta Roth, Smalltown, United States, 20 hours ago

What are the chances that this blogger and "social media expert" is using this as a way to increase her popularity online? Many people are stating that she has received tons of recognition and new followers are a result of taking this to the press (literally one week after the photographer even knew that she was upset and offered to cover the cost of the album cover.) The professional photographer has written an open letter stating that she has written proof that these accusations are false. It's really sad if this "social media expert" has ruined someone's thriving business just because she wants to become more well known in the online blogging world.

Timeless chic: Jane Fonda opts for an agedefying all-black look as she touches down in Los Angeles Looked years younger than her 77 years Al Pacino, 74, is ed by his much younger girlfriend Lucila Sola, 35... as he gets mobbed by fans at LAX They have been together for four years Off-duty chic! Kendall Jenner chooses comfort over style for a low-key dinner date with sister Khloe Kardashian

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243

Having a day off from the world of fashion

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jenng26, New York, United States, 20 hours ago

Andrea was wedding photographer and she was worth every penny. The contract was clear, concise and there were no surprises. The news cast only shows a portion of the contract and if you read the photographer¿s response on her website we are only getting a small portion of this story. I have and will continue to highly recommend Andrea Polito to anyone getting married. She is truly a talented photographer and our wedding album was beautiful. Her team worked with me throughout the process and I never once felt like anything was unclear or misleading. This seems like more of a personal vendetta/publicity stunt and it is so sad that one person can cause this much damage to her reputation. New Comment

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jenng26, New York, United States, 20 hours ago

Andrea was wedding photographer and she was worth every penny. The contract was clear, concise and there were no surprises. The news cast only shows a portion of the contract and if you read the photographer¿s response on her website we are only getting a small portion of this story. I have and still continue to highly recommend Andrea Polito to anyone getting married. She is truly a talented photographer and our wedding album was beautiful. Her team worked with me throughout the process and I never once felt like anything was unclear or misleading. This seems like more of a personal vendetta/publicity stunt and it is so sad that one person can cause this much damage to her reputation. New Comment

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Nathan Calfey, Texas, United States, 1 day ago

Meredith Land, reporter in video, is annoying and opprobrious. New Comment

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outoftouch, Detroit_MI, 1 day ago

I didn't get the bread sticks I ordered with the pizza, can I be in the news too? New Comment

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2

Just making sure you saw us! Justin Bieber and 'good friend' Hailey Baldwin get cosy in the back of a car... and roll down the window Determined to be seen A fur-m favorite: Kate Moss steps out in another wacky animal pelt as she heads to lunch with husband Jamie Hince Her winter style It's nearly time! Mel B and Kris Jenner look glam as they arrive at Heathrow airport ahead of 2015 National Television Awards in London Dev Patel jets out of LAX with a mystery brunette... after splitting from girlfriend of six years Freida Pinto It was reported in December they had split That's one sweet ride! Zac Efron scrubs up in sharp grey suit as he gets to grips with an ice cream truck on Dirty Grandpa set Filming on Atlanta set

Nunyabizniz, Los Angeles, United States, 1 day ago

Greedy and an embarassment to professional photographers. She should be ashamed of herself. New Comment

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Darnell Benitez From: Sent: To: Subject:

Exhibit A7 Darnell Benitez Monday, June 29, 2015 12:07 PM Darnell Benitez FW: POLITO add to Polito Aff.

1

EXHIBIT “A-8” IS FILED UNDER SEAL

EXHIBIT A9 From: WordPress < > Date: May 15, 2015 at 7:03:47 PM MST To: " "< Subject: ProPhoto form submission from Julie Reply-To: Julie < >

>

Name: Julie Email: Phone Number: Referred By: news Apprx Photography Budget: Message: Just to let you know... I have been looking for photographers for a wedding and I am so glad I saw you in the news. It is so nice to hear in advance how cheap you are and that you nit pick and try to future take more money out of a couple... holding their pictures as hostage so you can get $150 more for a cover which should be included in the price of the album. Well you can rest assure that I will not be doing business with you and I am sure that a lot of people who have had the opportunity to see what you are doing... my Lord, it is all over the internet. You might as well thrown your business away for $150... Cheap... well... cheap people get theirs in the end... you can rest assure that all my friends will know about you too. Too bad you can't go back in time to make things right.

EXHIBIT A10

EXHIBIT B ·1· · · · · · · · · · · NO. DC-15-00660 ·2· · · ·3· · · ·4· · · ·5· · · ·6· · · ·7·

ANDREA POLITO AND ANDREA· ·*· IN THE DISTRICT COURT POLITO PHOTOGRAPHY, INC.· ·* · · · · · · · · · · · · · ·* · · · · · · · · · · · · · ·* VS· · · · · · · · · · · · ·*· DALLAS COUNTY, TEXAS · · · · · · · · · · · · · ·* · · · · · · · · · · · · · ·* SEEKING THE DEPOSITIONS OF * NEELY MOLDOVAN, ANDREW· · ·* MOLDOVAN AND WASTE OF· · · * MAKEUP MEDIA, LLC· · · · · *· 134TH JUDICIAL DISTRICT

·8 ·9 10 11 · · · · · · · · · · · · · VIDEOTAPED 12 · · · · · · · · ·DEPOSITION OF NEELY MOLDOVAN 13 · · · · · · · · · · · · ·MARCH 3, 2015 14 15· · · · · ·DEPOSITION OF NEELY MOLDOVAN, produced as a 16· witness in the instance of the Petitioner and duly 17· sworn, was taken in the above-styled and -numbered 18· cause on the 3rd day of March, 2015, from 10:30 a.m. 19· to· 4:24 p.m., before Deborah A. Copeland, a Certified 20· Shorthand Reporter in and for the State of Texas, 21· reported by machine shorthand, at the offices of 22· Gruber Hurst Johansen Hail Shank, 1445 Ross Avenue, 23· City of Dallas, County of Dallas, State of Texas, 24· pursuant to the Texas Rules of Civil Procedure. 25· JOB NO.:· 236663

NEELY MOLDOVAN - 03/03/2015 Page 2 ·1· · · · · · · · · ·A P P E A R A N C E S ·2· FOR THE PETITIONER ·3· · · ·4· · · ·5· · · ·6· ·7 · · ·8 · · ·9· · · 10· · · 11·

· · · · · · ·

· · · · · · ·

· · · · · · ·

· · · · · · ·

·MR. DAVID F. WISHNEW ·MS. CHRISTINA MULLEN ·Gruber Hurst Johansen Hail Shank, LLP ·1445 Ross Avenue, Suite 2500 ·Dallas, Texas· 75202 ·214.855.6800 ·[email protected]

FOR THE RESPONDENT · · · · · ·

· · · · · ·

· · · · · ·

· · · · · ·

·MR. WALTER A. BOYD, III ·The Law Offices of Walter A. Boyd, III ·4918 Milam Street ·Houston, Texas· 77006 ·713.869.1200 ·[email protected]

12 · · ALSO PRESENT:· Jason Warner, Videographer 13· · · · · · · · ·Andrea Polito · · · · · · · · · ·Andrew Moldovan 14 15 16 17 18 19 20 21 22 23 24 25

Litigation Services· |· 1.800.330.1112 www.litigationservices.com

NEELY MOLDOVAN - 03/03/2015 Page 15

·1· · · Q· · Thank you.· And if I said Andrea Polito, I'd ·2· be referring to Andrea individually? ·3· · · A· · I do. ·4· · · Q· · And if I said Chaney, you'd understand that I ·5· was referring to Chaney Haralson, correct? ·6· · · A· · I do. ·7· · · Q· · Okay.· Going to the order, the final category ·8· of documents were documents related to any ·9· communications with local, state, national and foreign 10· media beginning November 1, 2014, to the present 11· regarding the agreement between APP and the Moldovans, 12· APP, Polito, Haralson, the disk of high-resolution 13· images and/or the album cover. 14· · · · · · · · Did you produce all such communications 15· with any media outlet? 16· · · A· · I did. 17· · · Q· · Did you delete any such communications after 18· receiving this order? 19· · · A· · I did not. 20· · · Q· · Okay.· So tell me how -- let me back up. 21· Waste of Makeup Media is a for-profit company, 22· correct? 23· · · A· · It is. 24· · · Q· · How does it make money? 25· · · A· · I represent various social media s for

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NEELY MOLDOVAN - 03/03/2015 Page 16

·1· businesses in the D/FW area and sometimes out of the ·2· D/FW area. ·3· · · Q· · Okay.· And does your blog also generate ·4· revenue? ·5· · · A· · It does. ·6· · · Q· · How does your blog generate revenue? ·7· · · A· · Through sponsored posts and through a blog ·8· course that I teach. ·9· · · Q· · And tell me a typical customer that would 10· you for a sponsored post, how that would work 11· and how you get paid. 12· · · · · · · · MR. BOYD:· Objection.· Form. 13· · · Q· · (By Mr. Wishnew)· You can answer. 14· · · A· · Okay.· Sorry.· I didn't know. 15· · · · · · · · So I'll use this as an example.· Skinny 16· Cow, the brand, if you're aware, it's a low-calorie 17· ice cream, dessert drinks brand, they would 18· me.· They would want me to write a post perhaps from a 19· review standpoint as far as they send me products, I 20· eat them, review them, take photos, or they would ask 21· me to post on a specific subject such as Valentine's 22· Day. 23· · · · · · · · Then I would complete those posts, 24· publish them on my blog.· I would complete the social 25· media requirements, i.e. putting things on Twitter,

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NEELY MOLDOVAN - 03/03/2015 Page 17

·1· Facebook, Instagram promoting the brand.· I would send ·2· all of that to the company for review.· They would ·3· then send me a check or pay me via Paypal, whichever ·4· their company preferred. ·5· · · Q· · Do you enter into contracts with these ·6· companies for the sponsorships? ·7· · · A· · I do. ·8· · · Q· · And do you read the contracts before you sign ·9· them? 10· · · A· · I do. 11· · · Q· · And are the number of daily hits to your blog 12· relevant to the amount of money you receive from 13· sponsors? 14· · · · · · · · MR. BOYD:· Objection.· Form. 15· · · Q· · (By Mr. Wishnew)· Do you understand that 16· question? 17· · · A· · I know.· I understand the question.· Yes, it 18· is. 19· · · Q· · So the more hits you got on a daily basis to 20· your blog, would mean you get paid more money by 21· sponsors to place sponsor's reviews on the blog, 22· correct? 23· · · A· · Yes. 24· · · Q· · What other analytics factor into a 25· sponsorship's decision as to how much to pay you for a

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NEELY MOLDOVAN - 03/03/2015 Page 18

·1· sponsored listing?· Do you understand that? ·2· · · A· · Uh-huh.· That would be things like the number ·3· of followers I have on my blog Facebook page, ·4· Instagram, Twitter, Pinterest, Google Plus, You Tube. ·5· Really any social media attached to my blog, ·6· specifically my blog. ·7· · · Q· · And do you sell ment space on your ·8· blog? ·9· · · A· · I do not. 10· · · Q· · And when did you form your blog? 11· · · A· · December of 2009. 12· · · Q· · And when did you form Waste of Makeup Media, 13· LLC? 14· · · A· · I am not entirely certain of the exact date, 15· but it was in 2013. 16· · · Q· · When a sponsor to your blog that pays you 17· money, does the check go to Neely Moldovan 18· individually or to Waste of Makeup Media, LLC? 19· · · A· · Neely Moldovan. 20· · · Q· · And how much money have you made this year 21· from your blog? 22· · · · · · · · MR. BOYD:· Objection.· Form. 23· · · A· · I do not know the exact number. 24· · · Q· · (By Mr. Wishnew)· More than $5,000? 25· · · A· · Yes.

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NEELY MOLDOVAN - 03/03/2015 Page 30

·1· · · A· · My mother, Abby Mandell, and Chaney Haralson. ·2· · · Q· · Okay.· And did you meet with Andrea Polito? ·3· · · A· · I did. ·4· · · Q· · And how long was the meeting? ·5· · · A· · I do not know the exact time. ·6· · · Q· · And did you have the opportunity to ask ·7· questions about APP services? ·8· · · A· · I did. ·9· · · Q· · And did Andrea Polito, after talking with 10· you, walk you through a custom package that she 11· would -- that she would recommend for your wedding? 12· · · · · · · · MR. BOYD:· Objection.· Form. 13· · · A· · I do not . 14· · · Q· · (By Mr. Wishnew)· And during that 15· consultation with Andrea Polito, did she show you 16· different wedding albums? 17· · · A· · She did. 18· · · Q· · She did.· And she showed you the various 19· types of album covers, correct? 20· · · A· · I do not recall. 21· · · Q· · And so you saw photo albums that were the 22· photo jacket photo album, right? 23· · · A· · I do not recall. 24· · · Q· · And she showed you photo albums with leather 25· covering with embossing on the top, did she not?

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NEELY MOLDOVAN - 03/03/2015 Page 31

·1· · · A· · I do not recall. ·2· · · Q· · Did she show you a photo album, leather with ·3· the die cut, with the picture cut out in the middle? ·4· · · A· · I do not recall. ·5· · · Q· · And when she showed you these albums, did she ·6· explain to you that the albums were priced ·7· differently? ·8· · · · · · · · MR. BOYD:· Objection.· Form.· Go ahead. ·9· · · A· · I do not recall. 10· · · Q· · (By Mr. Wishnew)· So you do not recall 11· whether Andrea Polito showed you the various styles of 12· photo albums and provided the different prices for 13· those albums? 14· · · A· · I do not recall. 15· · · Q· · And so if I -- if I said to you that the 16· prices for those photo albums ranged from $125 to 17· $195, you wouldn't recall receiving that information 18· during that first consultation? 19· · · A· · I do not recall. 20· · · · · · · · (Exhibit 4 marked.) 21· · · Q· · I'm going to show you what's been marked 22· Exhibit 4 to your deposition.· This is an E-mail dated 23· January 22, 2014, 5:22 p.m. from Chaney at 24· politophotography.com to you, correct? 25· · · A· · That is correct.

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NEELY MOLDOVAN - 03/03/2015 Page 35

·1· blank hours.· Do you see that? ·2· · · · · · · · MR. BOYD:· Objection.· Form. ·3· · · · · · · · MR. WISHNEW:· What's your objection? ·4· · · · · · · · MR. BOYD:· It's form.· You said the ·5· first sentence.· The first sentence is actually above ·6· that.· It says, This agreement for wedding ·7· photography.· All you need to do is -·8· · · · · · · · MR. WISHNEW:· Fair enough. ·9· · · · · · · · MR. BOYD:· I just want a clean record. 10· · · · · · · · MR. WISHNEW:· Fair enough. 11· · · Q· · (By Mr. Wishnew)· If you'll go to the 12· paragraph that starts with Service Coverage. 13· · · A· · Yes. 14· · · Q· · The first sentence of that says, The parties 15· agree that Andrea Polito Photography, Inc. will 16· furnish the services of a professional photographer(s) 17· for photographic event coverage for a period of blank 18· hours.· Do you see that? 19· · · A· · I do. 20· · · Q· · And how many hours was your understanding 21· that you had contracted for? 22· · · A· · I actually don't recall how many hours. 23· · · Q· · Okay.· So we'll come back to that.· Okay. 24· Additional coverage over the contracted time will be 25· charged at the standard rate of $300 per each

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NEELY MOLDOVAN - 03/03/2015 Page 36

·1· additional hour.· Do you see that? ·2· · · A· · I do. ·3· · · Q· · So you understood that if you went over the ·4· amount of hours you agreed upon for photography, that ·5· any additional hours would be charged at $300 an hour, ·6· right? ·7· · · A· · I did. ·8· · · Q· · And you knew this back January 3rd, 2014, ·9· right? 10· · · A· · I knew this January 3rd. 11· · · Q· · Okay.· Great.· If you'll turn to the second 12· page, please.· Do you see where it says, Product 13· Pricing at the top of the page? 14· · · A· · I do. 15· · · Q· · And the first sentence says, Additional 16· products may be added from the a la carte menu to any 17· wedding collection at any time, period.· Do you see 18· that? 19· · · A· · I do. 20· · · Q· · So you understood that there were products 21· and services that you could purchase in addition to 22· those that you purchased in this contract? 23· · · A· · I did. 24· · · Q· · Okay.· You see the paragraph that starts, 25· Album orders?

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NEELY MOLDOVAN - 03/03/2015 Page 37

·1· · · A· · I do. ·2· · · Q· · Let me back up.· Review and selection.· It ·3· says, Original images of the wedding, engagement and ·4· bridal session are the property of Andrea Polito ·5· Photography, Inc.· Do you see that? ·6· · · A· · I do. ·7· · · Q· · So you understood that the images, the ·8· original images, were APP property? ·9· · · A· · I did. 10· · · Q· · Right.· And you see the second sentence says, 11· Wedding day images will be pre-sent to the client for 12· viewing usually within four to six weeks of the 13· wedding date.· Do you see that? 14· · · A· · I do. 15· · · Q· · So you understood that in four to six weeks, 16· images would be presented for your viewing? 17· · · A· · I did. 18· · · Q· · Okay.· Let's go to album orders. 19· · · A· · Okay. 20· · · Q· · It says, Using proprietary computerized 21· design software, APP will propose and advise in the 22· layout of album(s), however, all choices by the client 23· prevail.· Do you see that? 24· · · A· · I do. 25· · · Q· · So you understood that ultimately you were

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NEELY MOLDOVAN - 03/03/2015 Page 38

·1· the one who would decide what would go into your ·2· album, right? ·3· · · A· · I did. ·4· · · Q· · It says, If the album order form has not been ·5· submitted within the four-month timeframe, there will ·6· be an archival fee of $250 in addition to any product ·7· price increases at that time.· Do you see that? ·8· · · A· · I do. ·9· · · Q· · And so you understood that you would have to 10· submit an album order form after your wedding, 11· correct? 12· · · A· · I did. 13· · · Q· · And did you understand that you'd have to 14· submit an album order form after your wedding at the 15· time that you signed this contract? 16· · · A· · I did. 17· · · Q· · Okay.· And album orders will include choice 18· of photographs selected (with special instructions, if 19· any,) and these decisions are made following 20· inspection of images.· Do you see that? 21· · · A· · Uh-huh. 22· · · Q· · And you understood that sentence? 23· · · A· · I did. 24· · · Q· · I'm going to skip down a couple -- a 25· sentence.· It says, Once you have received the pdf of

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NEELY MOLDOVAN - 03/03/2015 Page 39

·1· your album design, you will have two weeks to respond ·2· with changes or an approval.· Do you see that? ·3· · · A· · I do. ·4· · · Q· · Do you see a sentence, it says, A shipment of ·5· Andrea Polito Photography, Inc.'s hand-assembled ·6· albums are ordinarily made within six to eight weeks ·7· after receipt of approval of the album design from the ·8· client.· Do you see that? ·9· · · A· · I do. 10· · · Q· · So you understood the process was going to be 11· that your images would be made available for viewing, 12· right? 13· · · A· · I did. 14· · · Q· · And then you would submit an album order 15· form, correct? 16· · · A· · I did. 17· · · Q· · And you would select in that album order form 18· the images you wanted in your album, right? 19· · · A· · I did. 20· · · Q· · Then you would select the cover of the album 21· that you wanted on your album, correct? 22· · · · · · · · MR. BOYD:· Objection.· Form. 23· · · A· · I did not. 24· · · Q· · (By Mr. Wishnew)· Okay.· All right.· Let's go 25· down to the paragraph that says, Federal Copyright

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NEELY MOLDOVAN - 03/03/2015 Page 41

·1· · · Q· · Okay.· And did you understand that the ·2· wedding day negatives would be provided to you when ·3· the final album and/or box order is delivered when you ·4· signed this contract? ·5· · · A· · I did. ·6· · · Q· · So after the album -- after the wedding ·7· images were made available four to six weeks after the ·8· wedding, you understood that you would first submit an ·9· album order form, correct? 10· · · A· · Yes. 11· · · Q· · Then you'd approve the design of the album, 12· right? 13· · · A· · I did. 14· · · Q· · Then you would receive the disk of your 15· wedding day images, the negatives, upon completion of 16· the album and delivery of the album to you, right? 17· · · A· · I do not recall. 18· · · Q· · You don't recall or you didn't understand the 19· process? 20· · · A· · I did not know we had to wait to the delivery 21· of our album. 22· · · Q· · So when it says, Wedding day negatives will 23· be provided when the final album and/or box order is 24· delivered, are you saying you didn't understand that 25· sentence?

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NEELY MOLDOVAN - 03/03/2015 Page 42

·1· · · A· · Correct. ·2· · · Q· · What about that sentence don't you ·3· understand? ·4· · · A· · I thought that just meant when we produced ·5· the form to fill out which pictures we wanted, not ·6· when the photo album was delivered to us. ·7· · · Q· · Where in that sentence does it talk about ·8· submission of the form? ·9· · · A· · It does not. 10· · · Q· · Right.· And but it does say that the wedding 11· day negatives will be provided when the final album is 12· delivered, right? 13· · · A· · It does. 14· · · Q· · And you understand what a final album is, 15· right? 16· · · A· · I do. 17· · · Q· · So is it fair to say that you now understand, 18· upon reading the contract, when the wedding day images 19· would be provided as stated in this contract? 20· · · · · · · · MR. BOYD:· Objection.· Form. 21· · · A· · I do. 22· · · Q· · (By Mr. Wishnew)· I'll rephrase for counsel's 23· objection. 24· · · · · · · · Now that you've read the bold letters on 25· this contract, you understand the time in which you'd

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NEELY MOLDOVAN - 03/03/2015 Page 43

·1· receive your wedding day negatives were when your ·2· final album was delivered by APP, correct? ·3· · · A· · Correct. ·4· · · Q· · And it says clients will receive both ·5· watermarked images and high-resolution negatives ·6· without the watermark.· Posting nonwatermarked images ·7· to any online website is prohibited and violates ·8· copyright law.· Do you see that? ·9· · · A· · I do. 10· · · Q· · Have you posted any nonwatermarked images to 11· any online website provided to you by APP? 12· · · A· · Not to my knowledge. 13· · · Q· · And it says, Client will receive permission 14· to print release for personal printing with wedding 15· day negatives.· Do you see that? 16· · · A· · I do. 17· · · Q· · And you have received permission from APP to 18· print release for personal printing with wedding day 19· negatives, correct? 20· · · A· · I have. 21· · · Q· · And you have received your wedding day 22· negatives, correct? 23· · · A· · We have as of this date, yes. 24· · · Q· · Correct.· And let me back up.· Have you, yes 25· or no, received your wedding day images?

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NEELY MOLDOVAN - 03/03/2015 Page 45

·1· · · A· · And the contract is the contract that went ·2· over all the rules and regulations. ·3· · · Q· · Okay.· And when you sat in APP's studio on ·4· January 2nd, did Andrea Polito put this first page, ·5· Wedding Collection, on the screen in the studio? ·6· · · A· · I do not recall. ·7· · · Q· · So you do not recall whether Andrea Polito ·8· went through each one of these bullet points with you ·9· and explained what those bullet points meant? 10· · · A· · I do not recall. 11· · · Q· · So the first bullet point, Coverage By Two 12· Company Photographers.· Do you see that? 13· · · A· · I do. 14· · · Q· · So you understood that you weren't 15· contracting specifically for Andrea Polito to take 16· your pictures, but you were contracting with other 17· company photographers, correct? 18· · · · · · · · MR. BOYD:· Objection.· Form. 19· · · A· · I did understand that. 20· · · Q· · (By Mr. Wishnew)· Yes.· You did.· And you 21· understood that Andrea Polito herself would not be 22· photographing your wedding, correct? 23· · · A· · I did. 24· · · Q· · Right.· Because Andrea Polito, if she were to 25· be photographing your wedding for APP, she would have

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·1· been more expensive, correct? ·2· · · A· · I did. ·3· · · Q· · Okay.· And the second bullet point, ·4· Pre-ceremony, ceremony and reception coverage up to ·5· seven hours.· Do you see that? ·6· · · A· · I do. ·7· · · Q· · So you understood that the package that you ·8· were purchasing entitled you up to seven hours of ·9· coverage, correct? 10· · · A· · I did. 11· · · Q· · Did you understand when you received this 12· document? 13· · · A· · I did. 14· · · Q· · Okay.· And so you understood that if coverage 15· beyond seven hours was requested, that you would have 16· to pay an additional amount, right? 17· · · A· · I did. 18· · · Q· · And you understood that the day you signed 19· the contract, correct? 20· · · · · · · · MR. BOYD:· Objection.· Form. 21· · · A· · I did. 22· · · Q· · (By Mr. Wishnew)· Right.· And, if you recall, 23· the contract says that additional hours are billed at 24· $300 an hour, right? 25· · · A· · I do recall that.

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·1· · · Q· · So if you requested two additional hours from ·2· APP for your wedding day, how much extra would you ·3· have to pay? ·4· · · A· · $600. ·5· · · Q· · And you understood that the day you signed ·6· the contract, correct? ·7· · · A· · I did. ·8· · · Q· · And so I'm clear, you don't recall Andrea ·9· Polito walking you through each one of those bullet 10· points and what it meant, what it would entail? 11· · · A· · I do not recall. 12· · · Q· · Okay.· So I'll pick one.· Complimentary Guest 13· Book with up to 10 images.· Do you see that? 14· · · A· · I do. 15· · · Q· · You also understood that there were 16· additional items on the a la carte menu that you could 17· purchase for the complimentary gift book, 18· correct? 19· · · · · · · · MR. BOYD:· Objection.· Form. 20· · · A· · I do not recall. 21· · · Q· · (By Mr. Wishnew)· Okay.· All right.· And you 22· see where it said, Print release form to print wedding 23· photographs.· Do you see that? 24· · · A· · Yes. 25· · · Q· · So when you read this, you understood that

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·1· · · A· · I do. ·2· · · Q· · Okay.· And then it says, Storybook and/or ·3· gallery box order forms are due.· Do you see that? ·4· · · A· · I do. ·5· · · Q· · And that's six weeks after the viewing date, ·6· right? ·7· · · A· · I see that. ·8· · · Q· · And you read this section when you first ·9· received this document, right? 10· · · A· · I believe so. 11· · · Q· · And you understood that four to five weeks 12· after your wedding you'd be ed to view your 13· images, right? 14· · · A· · I did. 15· · · Q· · And then your order forms would be due six 16· weeks after you viewed the images, right? 17· · · A· · I see that now.· I'm not entirely sure of 18· what I read and understood at the time. 19· · · Q· · Okay.· But you read it -- you can read and 20· understand it now, right? 21· · · A· · I can. 22· · · Q· · Okay.· And you understood that you would have 23· to submit a storybook order form, right? 24· · · A· · I can -- or I did, yes.· I do. 25· · · Q· · Right.· Then after that the next line,

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·1· Approved pdf of album design.· Do you see that? ·2· · · A· · I do. ·3· · · Q· · You would have to approve, as the client, a ·4· pdf of the album design.· Do you see that? ·5· · · A· · Yes. ·6· · · Q· · And then after that it says, Studio manager ·7· will bride when album/gallery box is ready. ·8· Do you see that? ·9· · · A· · I do. 10· · · Q· · Okay.· So now that you're reading it, you 11· understand it? 12· · · A· · I do understand it. 13· · · Q· · Okay.· Let's turn to the page -- before I ask 14· that question.· When you met with Andrea Polito at the 15· APP studio on January 2nd, did Andrea print out and 16· provide you a copy of the packet identical to Exhibit 17· 7 and provide it to you? 18· · · A· · I believe so. 19· · · Q· · And you recall that she went over each of the 20· pages within this document with you on January 2nd? 21· · · A· · I do not recall. 22· · · Q· · Okay.· So if we go to the page that's titled 23· Frequently Asked Questions, what's that Bates number? 24· · · · · · · · MR. BOYD:· 17 and -25· · · · · · · · MR. WISHNEW:· Okay.

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·1· · · Q· · (By Mr. Wishnew)· Is there anything there you ·2· don't understand about that first sentence? ·3· · · A· · There's not. ·4· · · Q· · So the very first day you met with Andrea ·5· Polito, she handed you this document, right? ·6· · · A· · I believe so. ·7· · · Q· · Right.· And in it, it tells you exactly when ·8· you'd receive your images, and that would be on ·9· completion of your storybook album, right? 10· · · A· · Yes. 11· · · Q· · And you knew that before you could complete 12· the storybook album, you'd have to submit a form, 13· right? 14· · · A· · I did. 15· · · Q· · Right.· And before you submitted the form, 16· you'd have to view the images and select what images 17· you wanted to be in your album, right? 18· · · A· · I did. 19· · · Q· · And all of these steps that we're talking 20· about would occur several weeks after your wedding, 21· right? 22· · · A· · Yes. 23· · · Q· · Let's turn to what's going to be marked 24· POL 00013 -- excuse me, Bates label POL 00013.· And 25· the title at the top of it says, A La Carte Menu.

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·1· · · · · · · · Are you doing all right?· Do you need a ·2· break? ·3· · · A· · No.· I'm just going to have a sip of water. ·4· · · · · · · · (Exhibit 8 marked.) ·5· · · Q· · Okay.· I'm going to show you what's going to ·6· be marked as Exhibit 8 to your deposition.· This is an ·7· E-mail dated January 7, 2014, from Chaney at ·8· [email protected].· Who is Cheryl? 10· · · A· · Andrew's mom. 11· · · Q· · Okay.· And Cheryl purchased the rehearsal 12· dinner coverage from APP, correct? 13· · · A· · To my knowledge. 14· · · Q· · Right.· And if you see in the second 15· paragraph of this E-mail it says, Your total with tax 16· is 947.19.· Do you see that? 17· · · A· · I do. 18· · · Q· · Right.· And to your understanding, is that 19· because you did not hire Andrea Polito herself to 20· cover the event, but other APP company photographers? 21· · · A· · I did not hire anyone for the -- that was not 22· my decision. 23· · · Q· · Okay.· Is it your understanding that Andrew's 24· mother hired other APP company photographers to cover 25· the event?

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·1· · · A· · Yes. ·2· · · Q· · So the total was 875 plus tax, right? ·3· · · A· · Yes. ·4· · · · · · · · (Exhibit 9 marked.) ·5· · · Q· · Okay.· Let's go -- I'm going to show you ·6· what's going to be marked as Exhibit 8? ·7· · · · · · · · MR. BOYD:· That was 8. ·8· · · Q· · (By Mr. Wishnew)· Excuse me, Exhibit 9 to ·9· your deposition.· I'm showing you a document that's 10· been Bates labeled POL 00061 on the top and it says, 11· Andrea Polito Photography Storybook Album Order Form. 12· Do you see that? 13· · · A· · Yes. 14· · · Q· · And this document was provided to you by APP, 15· correct? 16· · · A· · To the best of my knowledge, yes. 17· · · Q· · Yes.· You can see on the first line with the 18· asterisk that says, Main album included in your 19· wedding package (cover not included):· 8 and a half by 20· 12 up to 80 images.· Do you see that? 21· · · A· · I do. 22· · · Q· · So you understood just from this form that 23· the cover was not included, right? 24· · · · · · · · MR. BOYD:· Objection.· Form. 25· · · A· · I understand that right now.

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·1· · · Q· · (By Mr. Wishnew)· Okay.· And it then provides ·2· the pricing of four different album covers.· Do you ·3· see that? ·4· · · A· · I do. ·5· · · Q· · And the pricing ranges from $125 to $225, ·6· right? ·7· · · A· · Yes. ·8· · · Q· · All right.· And the second page of this ·9· document has 80 blanks, and that is for you to select 10· what pictures you wanted in your album, correct? 11· · · A· · Yes. 12· · · Q· · Now, you have submitted this form to APP, 13· correct? 14· · · · · · · · MR. BOYD:· Objection.· Form. 15· · · A· · I submitted it through my lawyer. 16· · · Q· · (By Mr. Wishnew)· Fair enough.· Did you 17· submit this form to your lawyer who provided it to 18· APP? 19· · · A· · I believe it was provided, yes. 20· · · Q· · I'll rephrase.· Ultimately the form was 21· completed by you, was sent to your lawyer, your lawyer 22· provided to me, right? 23· · · A· · Yes. 24· · · Q· · Right.· And you selected the 80 images in 25· your album, correct?

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·1· · · A· · I did. ·2· · · Q· · And you selected a custom album cover, ·3· correct? ·4· · · A· · I don't know which album cover was selected. ·5· · · Q· · You did not select the leather album cover ·6· with embossing? ·7· · · A· · I did not. ·8· · · Q· · Who selected the album cover? ·9· · · A· · My husband, Andrew. 10· · · Q· · Okay.· So -- and the leather album cover with 11· names embossed, you see that's $195, right? 12· · · A· · Yes. 13· · · Q· · Right.· So certainly not the least expensive 14· of the album covers there, right? 15· · · A· · No. 16· · · Q· · Right.· And to your knowledge, is APP 17· providing this album cover to you without charging you 18· the $195? 19· · · A· · I do not know.· I mean, I do not know the 20· specifics. 21· · · · · · · · MR. WISHNEW:· Let's take five minutes. 22· · · · · · · · (Recess taken from 11:12 to 11:36.) 23· · · · · · · · THE VIDEOGRAPHER:· Time is 11:37.· On 24· the record. 25· · · · · · · · (Exhibit 10 marked.)

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·1· · · Q· · (By Mr. Wishnew)· I'm going to show you ·2· what's going be to marked as Exhibit 10 to your ·3· deposition.· This document is entitled Guest Book ·4· Order Form.· Do you see that? ·5· · · A· · Yes. ·6· · · Q· · And the date of the order was August 3, 2014? ·7· · · A· · Yes. ·8· · · Q· · And this order form is you guys ordering an a ·9· la carte portion to the guest book, right? 10· · · A· · I do not know whether it was a la carte or 11· included in our contract. 12· · · Q· · Okay.· But you did order the extensive 13· editing packages at $50.· Do you see that? 14· · · A· · Yes.· That I see. 15· · · Q· · So that was not included in your original 16· package, right? 17· · · A· · No. 18· · · Q· · Have you at any time complained of the 19· quality of the photography you received? 20· · · A· · Not to my knowledge. 21· · · Q· · In fact, you loved the pictures that were 22· taken of your engagement dinner, your rehearsal dinner 23· and your wedding, right? 24· · · A· · For the most part, yes. 25· · · · · · · · (Exhibit 11 marked.)

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·1· · · Q· · Okay.· Let's go to Exhibit 15.· This is an ·2· E-mail from you to Chaney on May 23, 2014.· Do you see ·3· that? ·4· · · A· · Yes. ·5· · · Q· · You say, Okay.· A few questions.· Is the ·6· engagement and wedding disk each $500?· Also for the 8 ·7· by 10 and 5 by 7, do we get those for engagement and ·8· wedding or one or the other? ·9· · · A· · Yes. 10· · · Q· · Yes.· Now, as you sit here today, do you 11· believe that that information would have been 12· available to you in that Wedding Collection packet, 13· Exhibit 7? 14· · · · · · · · MR. BOYD:· Objection.· Form. 15· · · A· · I don't know if this exact information is in 16· the packet. 17· · · · · · · · (Exhibit 16 marked.) 18· · · Q· · (By Mr. Wishnew)· Let's go to Exhibit 16. 19· This is an E-mail from Chaney to you dated May 23rd. 20· Do you recall receiving this E-mail? 21· · · A· · I do. 22· · · Q· · Okay.· And she says, The disk of your wedding 23· day images is in included in your package.· The 8 by 24· 10 and 5 by 7 are included as part of your engagement 25· session.· Do you see that?

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·1· · · A· · I do. ·2· · · Q· · All right.· So you have Exhibit 7 right ·3· there? ·4· · · A· · Uh-huh. ·5· · · Q· · Do you see on the front where it says -- the ·6· sixth bullet point down, One 8 by 10 and two 5 by 7s ·7· are included from the session -- from your engagement ·8· session.· Do you see that? ·9· · · A· · I did not know that was specifically to the 10· engagement session.· It just says from session. 11· · · Q· · Okay.· And it also talks about -- the second 12· to last bullet point there is a wedding proof CD for 13· viewing.· Do you see that? 14· · · A· · Yes. 15· · · Q· · And in the E-mail she says, I have attached 16· your welcome packet again to this E-mail for your 17· convenience.· It details your package features and has 18· other help info about ordering the disks and prints. 19· Do you see that? 20· · · A· · I do. 21· · · Q· · So this would have been the third time that 22· you received this Wedding Collection packet, right? 23· · · A· · Yes. 24· · · · · · · · (Exhibit 17 marked.) 25· · · Q· · Exhibit 17.· This is an E-mail dated

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·1· your album is completed, the contract, the welcome ·2· packet and E-mail I sent you letting you know the ·3· wedding images were online all state this policy.· We ·4· do apologize for any confusion.· Do you see that? ·5· · · A· · I do. ·6· · · Q· · So now going back through all of these ·7· E-mails, don't you think that Chaney and APP were ·8· being very clear about the timing and process in which ·9· you would receive your wedding day images? 10· · · · · · · · MR. BOYD:· Objection.· Form. 11· · · A· · Looking back on all of the E-mails at one 12· time, yes. 13· · · Q· · (By Mr. Wishnew)· Looking back at all of the 14· E-mails between you and Chaney or your husband and 15· Chaney, APP was very clear of the process and timing 16· in which you'd receive your wedding day images, right? 17· · · A· · Yes. 18· · · Q· · Okay.· Then Chaney says, We can offer you a 19· compromise and release the disk once your album design 20· is approved.· Do you see that? 21· · · A· · I do. 22· · · Q· · Okay.· So APP was offering you and Andrew a 23· concession, weren't they? 24· · · · · · · · MR. BOYD:· Objection.· Form. 25· · · A· · Can you please rephrase that question?

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·1· · · Q· · (By Mr. Wishnew)· Sure.· APP was offering to ·2· provide you the disk ahead of time than what was ·3· stipulated in the contract? ·4· · · A· · Yes. ·5· · · Q· · Yes.· So instead of waiting until your final ·6· album was completed, you'd get it just after you ·7· submit the form, right? ·8· · · A· · To my knowledge, in this E-mail, yes. ·9· · · Q· · Right.· We went over the fact that the design 10· and completion of the album could take several weeks, 11· right? 12· · · A· · Yes. 13· · · Q· · So what APP was offering you was to get your 14· disk of your images several weeks ahead of the time 15· that you would normally have received them, right? 16· · · A· · Yes. 17· · · Q· · And then she goes on to talk about the album 18· order form and states, Once the design is approved, we 19· can release the disk to you instead of when the album 20· is completed with the actual printing and binding.· Do 21· you see that? 22· · · A· · Yes. 23· · · Q· · Is there anything unclear about this E-mail 24· to you? 25· · · A· · There is not.

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·1· · · · · · · · (Exhibit 28 marked.) ·2· · · Q· · Exhibit 28, this is an E-mail, January 8, ·3· 2015, from you to Chaney.· And Exhibit 7 -- excuse me, ·4· Exhibit 27, was a December 30th E-mail, so this is ·5· nine days later, right? ·6· · · A· · Yes. ·7· · · Q· · Okay.· So nine days later you E-mail Chaney. ·8· Chaney, I'm finally getting around to filling this ·9· out.· And you say, Do we pay extra for a cover?· Is 10· there not a standard cover it comes with, right? 11· · · A· · Yes. 12· · · Q· · Okay.· So previously you'd been in quite a 13· rush to get your images, right? 14· · · A· · Yes. 15· · · Q· · Right.· But then from the time that she 16· provided you again the album order form, to now, you 17· let nine days , right, before even looking at the 18· form, right? 19· · · A· · I did. 20· · · · · · · · (Exhibit 29 marked.) 21· · · Q· · Okay.· Exhibit 29, here's an E-mail dated 22· January 12, 2015, at 11:10 a.m. from Chaney to you. 23· Your package includes the 40 pages by 80 pages portion 24· of the album, but we leave the album cover to be 25· decided when you actually order the album instead of

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·1· · · A· · On that form it does. ·2· · · · · · · · (Exhibit 31 marked.) ·3· · · Q· · (By Mr. Wishnew) 31.· Chaney writes to you ·4· that same day, You have not yet purchased a cover for ·5· the album, so, yes, a cover must be selected and ·6· purchased per the order form to place your album ·7· order.· Do you see that? ·8· · · A· · I do. ·9· · · Q· · Had you already ed media outlets by 10· the time this E-mail was sent? 11· · · A· · I had not. 12· · · Q· · When did you first reach out to media outlets 13· to get attention for your story? 14· · · A· · I do not recall the date. 15· · · Q· · It was this same day, wasn't it? 16· · · · · · · · (Exhibit 32 marked.) 17· · · A· · I do not recall the date. 18· · · Q· · Exhibit 32 is an E-mail the same day from you 19· to Chaney and you say what's the least expensive? 20· · · A· · Yes.· I said that. 21· · · · · · · · (Exhibit 33 marked.) 22· · · Q· · Exhibit 33, an E-mail from Chaney to you 23· responding saying, The photo jacket cover is the least 24· expensive.· The hardback cover is $25 more, but seems 25· to be the most popular choice out of the two and most

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·1· durable.· All pricing and details are listed on the ·2· order form.· Let me know if I need to re-send.· Do you ·3· see that? ·4· · · A· · I do. ·5· · · Q· · And so you understood that the least ·6· expensive option was $125, right? ·7· · · · · · · · MR. BOYD:· Objection.· Form. ·8· · · Q· · (By Mr. Wishnew)· Did you -- you had received ·9· the storybook album order form, right? 10· · · A· · I had. 11· · · Q· · Right.· And, in fact, you had received it 12· more than one time, right? 13· · · A· · To my knowledge. 14· · · Q· · Right.· And on that order form the least 15· expensive cover was $125, right? 16· · · A· · I believe it is. 17· · · · · · · · (Exhibit 34 marked.) 18· · · Q· · Exhibit 34, an E-mail from you to Chaney -19· or it does not show the recipient, but I think we can 20· fairly assume and you can tell us, is this an E-mail 21· from you to Chaney? 22· · · A· · I believe so. 23· · · Q· · It says, We may hold off on the album because 24· we've spent so much with you guys already.· Could we 25· get our high-res disk, please.· Do you see that?

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·1· · · A· · I do. ·2· · · Q· · Right.· Had you submitted an order form yet? ·3· · · A· · I had not. ·4· · · Q· · No.· Had you picked your images that would go ·5· in your storybook album yet? ·6· · · A· · I had. ·7· · · Q· · Had you provided that information to APP? ·8· · · A· · I had not. ·9· · · Q· · You had not.· Right.· But you understood the 10· process and the timing in which you'd receive the disk 11· with your high-resolution pictures, right? 12· · · · · · · · MR. BOYD:· Objection.· Form. 13· · · A· · I did. 14· · · Q· · (By Mr. Wishnew)· You did? 15· · · A· · Uh-huh. 16· · · · · · · · (Exhibit 35 marked.) 17· · · Q· · Okay.· Exhibit 35.· Here is an E-mail from 18· Andrew to Chaney cc'ing Neely, 12:28 p.m.· Let's go to 19· the last sentence of the E-mail of the second 20· paragraph.· We are also waiting on the full-resolution 21· pictures, which doesn't make sense on why this cannot 22· be provided until after the album has been finalized. 23· Do you see that? 24· · · A· · I do. 25· · · Q· · All right.· Now, did you tell your husband

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·1· from the album order form.· Do you see that? ·2· · · A· · I do. ·3· · · Q· · Do you recall receiving this E-mail? ·4· · · A· · I do. ·5· · · Q· · And this information had previously been ·6· communicated to you by APP, right? ·7· · · A· · I believe so. ·8· · · · · · · · (Exhibit 39 marked.) ·9· · · Q· · All right.· Then at -- let's go to Exhibit 10· 39.· This is an E-mail from 11· [email protected], dated January 14, 2015, 12· at 12:51 p.m.· Do you see that? 13· · · A· · I do. 14· · · Q· · It says, Hi, Neely.· I hope you're doing 15· well.· It seems there's been some confusion with your 16· album cover and I apologize for not reaching out 17· sooner, however, I've not been in the studio this 18· week.· Please let me know which cover you would like 19· for your album and we will proceed with your album 20· order. Additionally, I would like to talk to you about 21· blogging.· I know we talked about it previously, but 22· I'm looking for someone to help with blogging and 23· wanted to see if you would still be interested.· Let 24· me know when you get a chance.· Thanks so much and 25· have a great day.· Warmly, Andrea Polito.

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·1· · · · · · · · Do you recall receiving this E-mail? ·2· · · A· · I do. ·3· · · Q· · By the time you received this E-mail, had you ·4· already gone to the news media? ·5· · · A· · We had. ·6· · · Q· · We had.· And you'd reached out to several ·7· media companies to try to get your story in the ·8· public, hadn't you? ·9· · · A· · I had not personally. 10· · · Q· · Did you at any time, from January 1 to 11· January 14, pick up the phone, you yourself, and call 12· the APP studio? 13· · · A· · I do not recall. 14· · · Q· · But there would be phone records that show 15· whether you had, right? 16· · · A· · I assume so. 17· · · Q· · Right.· Okay.· So if Andrea Polito testifies 18· that you never once made a call, you would not be able 19· to agree or disagree with her, would you? 20· · · A· · I would not. 21· · · Q· · But you could have, though, right? 22· · · · · · · · MR. BOYD:· Objection.· Form. 23· · · Q· · (By Mr. Wishnew)· You could have -- you could 24· have· picked up the phone, called and talked about the 25· album, the album cover and all the information you'd

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·1· received over the past year, right? ·2· · · A· · I could have. ·3· · · Q· · And any confusion that you may have had, you ·4· could have, again, called and talked to Chaney or ·5· Andrea and talked it out, right, without going to the ·6· news media? ·7· · · · · · · · MR. BOYD:· Objection.· Form. ·8· · · A· · I could have.· And I believe in one E-mail we ·9· attempted to have a phone call with Chaney. 10· · · Q· · (By Mr. Wishnew)· Okay.· Did you call Chaney? 11· · · A· · I did not. 12· · · Q· · From January 12th to the present, you've made 13· a number of posts on social media about Andrea Polito 14· or APP, right? 15· · · A· · Not specifically.· Not a number. 16· · · Q· · Is it your testimony today that you have not 17· made any public postings about APP since January 12, 18· 2015? 19· · · · · · · · MR. BOYD:· Objection.· Form. 20· · · A· · Can you please rephrase the question? 21· · · Q· · (By Mr. Wishnew)· Yeah.· You're a social 22· media expert, are you not? 23· · · A· · I wouldn't use the term expert. 24· · · Q· · Your profession is social media; is that 25· fair?

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·1· · · Q· · (By Mr. Wishnew)· This document you provided ·2· to your counsel, correct? ·3· · · A· · I did. ·4· · · Q· · What is it? ·5· · · A· · This looks to be a text message between ·6· myself and Emily Basham Jackson. ·7· · · Q· · Great.· And the first text message, this is ·8· January 15, 2015, 12:28 p.m., you said, Hey, will you ·9· please delete posts about photographer? 10· · · · · · · · MR. BOYD:· Objection.· Form. 11· · · Q· · (By Mr. Wishnew)· Excuse me.· The sender is 12· Emily Basham Jackson to you saying, Hey, will you 13· please delete posts about photographer.· Do you see 14· that? 15· · · A· · I do. 16· · · Q· · What post is Emily referring to? 17· · · A· · To my knowledge, she is referring to a post I 18· put on a Park Cities Resale Group asking if anybody 19· had any media s. 20· · · Q· · And in that post did you refer to a 21· photographer? 22· · · A· · I believe when someone asked me what I needed 23· the media for, I said something along the 24· lines of regarding a dispute with a photographer. 25· · · Q· · Okay.· And so did you delete the post?

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·1· public story, right? ·2· · · A· · No, I did not. ·3· · · Q· · You enjoyed the attention that you were ·4· receiving from the story, right? ·5· · · A· · No. ·6· · · · · · · · MR. BOYD:· Objection.· Form. ·7· · · · · · · · MR. WISHNEW:· What's the objection, ·8· Walter? ·9· · · · · · · · MR. BOYD:· Well -10· · · · · · · · MR. WISHNEW:· I can ask whether she 11· enjoyed the attention of a national story. 12· · · · · · · · MR. BOYD:· Yeah, but you had a predicate 13· in there.· I'd have to have the question read back. 14· There was a predicate problem in there.· It had 15· nothing to do with the enjoyment.· It was a predicate 16· problem. 17· · · Q· · (By Mr. Wishnew)· Were you excited that NBC 18· was picking up your story? 19· · · A· · I was happy about it. 20· · · Q· · Yeah.· And you were excited of all the 21· national -- you hoped that it would go national, 22· didn't you? 23· · · A· · No, I did not. 24· · · Q· · No.· You wanted to ruin APP's business, 25· didn't you?

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·1· · · A· · I did not. ·2· · · Q· · No.· Did you ever tell someone you did? ·3· · · A· · I do not recall completely if I did or not. ·4· · · Q· · Do you know if Andrew told anybody that he ·5· wanted to ruin Andrea's business? ·6· · · A· · I don't know what Andrew said to anyone. ·7· · · · · · · · (Exhibit 41 marked.) ·8· · · Q· · Exhibit 41.· Before I go to 41, you just ·9· previously testified that you requested Emily to 10· provide you a copy of the Park Cities post, right? 11· · · A· · I did. 12· · · Q· · Did you produce that E-mail or text message, 13· however you communicated to Emily, in this case? 14· · · A· · I left her a voice mail. 15· · · Q· · Got you.· Okay.· So let's go to 41.· This 16· document, which is several pages, starts on MOL 000453 17· and ends on MOL 000464. 18· · · A· · Yes. 19· · · Q· · This document you provided to your lawyer, 20· correct? 21· · · A· · I did. 22· · · Q· · Now, what is this? 23· · · A· · A friend of mine, Gabby, commented on a 24· Facebook post on my personal page and I messaged her 25· privately on Facebook as to not go into it publicly.

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·1· · · A· · I won't say the word happy. ·2· · · Q· · What would you say? ·3· · · A· · I was glad people saw it, but I was not happy ·4· with the things people were saying. ·5· · · Q· · You didn't say any of that in your post with ·6· Gabriel Gorham Hill, did you? ·7· · · A· · Not -·8· · · · · · · · MR. BOYD:· Objection.· Form. ·9· · · A· · No, I didn't. 10· · · Q· · (By Mr. Wishnew)· Did you express any remorse 11· in any post that you made with Gabriel Gorham Hill? 12· · · · · · · · MR. BOYD:· Objection.· Form. 13· · · A· · No.· It was a private message between Gabby 14· and myself. 15· · · Q· · (By Mr. Wishnew)· How many media companies 16· did you and request that they take your story? 17· · · A· · I do not believe I ed any directly. 18· · · Q· · How many media companies did Andrew 19· to take your story? 20· · · A· · I do not know. 21· · · Q· · More than three? 22· · · A· · I don't know. 23· · · · · · · · (Exhibit 42 marked.) 24· · · Q· · Exhibit 42, this is an E-mail from Andrew to 25· [email protected], dated January 12, 2015, at

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·1· 10:51 p.m.· Do you see that? ·2· · · A· · I do. ·3· · · Q· · Were you with Andrew when he sent this ·4· E-mail? ·5· · · A· · I was. ·6· · · Q· · You were.· And so you knew Andrew was ·7· ing media companies? ·8· · · A· · This is a friend of mine. ·9· · · Q· · Okay.· Is your friend in the media? 10· · · A· · David, yes.· I just did not know until that 11· day. 12· · · Q· · Okay.· And this was the same -- this was the 13· same day that you and Andrew had been E-mailing with 14· Chaney, correct? 15· · · · · · · · MR. BOYD:· Objection.· Form. 16· · · Q· · (By Mr. Wishnew) We went through several 17· E-mails and I can pull every single one of those 18· exhibits. 19· · · A· · No.· They're right here.· I was just double 20· checking the dates. 21· · · Q· · Right. 22· · · A· · Yes.· It was the same date. 23· · · Q· · Right.· Okay.· So let's look at this E-mail 24· if we could.· The second paragraph.· Fast forward 25· several weeks later and we are ready to choose the

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·1· pictures we want in there.· The photographer states in ·2· order to get the photo album, we have to purchase a ·3· cover, which is not included in the album.· The ·4· contract we agreed to mentions nothing about a cover ·5· not being included in the album.· They want us to pay ·6· several hundred dollars more before they will provide ·7· our album or give us our pictures on a DVD.· Do you ·8· see that? ·9· · · A· · I do. 10· · · Q· · That statement is false, isn't it? 11· · · · · · · · MR. BOYD:· Objection.· Form. 12· · · A· · I did not write this E-mail. 13· · · Q· · (By Mr. Wishnew)· Did you read this 14· statement? 15· · · A· · Just now, yes. 16· · · Q· · They want us to pay several hundred dollars 17· more before they will provide our album or give us our 18· pictures on a DVD.· Do you see that? 19· · · A· · Yes. 20· · · Q· · And the "they," who is the they referring to? 21· · · A· · I believe Andrew was referring to APP. 22· · · Q· · Correct.· All right.· And our means you and 23· Andrew, right? 24· · · A· · I believe so. 25· · · Q· · Right.· And Andrew's statement that APP wants

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·1· you and Andrew to pay several hundred dollars more ·2· before APP will provide you and Andrew the album or ·3· give you and Andrew the pictures on a DVD is false, ·4· isn't it? ·5· · · · · · · · MR. BOYD:· Objection.· Form. ·6· · · A· · To my knowledge. ·7· · · Q· · (By Mr. Wishnew)· Yes or no?· Did anyone at ·8· APP ever say you had to pay several hundred dollars ·9· more before APP would provide you an album? 10· · · A· · Not in that wording. 11· · · Q· · In any wording? 12· · · A· · No. 13· · · Q· · All right.· Because it was made very clear to 14· you that the cost of the least expensive wedding album 15· cover, which you had requested the pricing on, was 16· $125, right? 17· · · A· · Yes. 18· · · Q· · And you agree that $125 is not several 19· hundred dollars, right? 20· · · A· · Yes. 21· · · Q· · Did -22· · · · · · · · MR. BOYD:· Can we take a quick break? 23· · · · · · · · MR. WISHNEW:· Sure. 24· · · · · · · · THE VIDEOGRAPHER:· Off the record at 25· 12:51.

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·1· · · Q· · If you look at 453. ·2· · · A· · Yes. ·3· · · Q· · Anne Coslo -- excuse me.· Emily Clare states, ·4· What company so I know never to use them.· You replied ·5· Andrea Polito Photography.· Do you see that? ·6· · · A· · Yes. ·7· · · Q· · Anne Coslo responds, Can you write a review ·8· on Yelp.· My daughter is getting married and I checked ·9· Yelp before I signed my contract? 10· · · A· · You said, Anne Coslo, Yeah, but right now we 11· just want our pictures, et cetera.· Do you see that? 12· · · A· · Uh-huh.· Yes, I do. 13· · · Q· · Right.· Now if you go down, you -- your last 14· post on the page says, Neely Moldovan says, Natalie 15· Goodman, tell me you wrote a bad review on every 16· wedding website? 17· · · A· · Yes, I see that. 18· · · Q· · Right.· Because you wanted Andrea Polito to 19· get bad reviews on every wedding website, right? 20· · · A· · No. 21· · · Q· · Is that not what you're saying here? 22· · · A· · I was more or less asking her if she wrote 23· reviews, not saying that I wanted reviews written. 24· · · Q· · Okay.· If you go to 454, in your second 25· comment -- the fourth comment on that page says,

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·1· Melissa F. Mathis, OMG, I had the same thing when they ·2· charged us an extra $900 two days before the wedding ·3· for two extra hours they knew about 10 months up ·4· front. ·5· · · · · · · · What did you mean by that statement? ·6· · · A· · At the time I meant that they charged us $900 ·7· for the two extra hours.· I didn't know the exact ·8· amount off the top of my head. ·9· · · Q· · So the amount is false, correct? 10· · · A· · Correct. 11· · · Q· · And isn't it false that they charged you -12· that they charged you anything two days before the 13· wedding? 14· · · A· · I don't know about two days before the 15· wedding.· I believe it was the week of our wedding. 16· · · Q· · Okay.· Isn't it true that you knew that your 17· wedding package was seven hours, right? 18· · · A· · I believe so. 19· · · Q· · And you knew that if you asked for any 20· additional coverage, any more hours, it would be at 21· $300 an hour, right? 22· · · A· · I knew that upon g my contract. 23· · · Q· · That's right.· And so do you -- don't you 24· think it's misleading to say, Oh my God, I had the 25· same thing when they charged us an extra $900 two days

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·1· before the wedding for two extra hours they knew about ·2· 10 months up front? ·3· · · · · · · · MR. BOYD:· Objection.· Form. ·4· · · A· · I do not believe it's misleading. ·5· · · Q· · (By Mr. Wishnew)· You knew -·6· · · A· · The $900 part, yes. ·7· · · Q· · And you knew what you had paid for, which was ·8· seven hours, right? ·9· · · A· · I believe so. 10· · · Q· · And then after the time that you signed the 11· contract, did your wedding planner provide to APP a 12· request for nine hours of coverage? 13· · · A· · I think so. 14· · · Q· · So it's false that APP knew about 10 months 15· up front, as you state right here in this comment? 16· · · A· · I don't recall. 17· · · Q· · Is there anything true about this statement? 18· · · · · · · · MR. BOYD:· Objection.· Form. 19· · · A· · I mean, I believe they knew or I believed at 20· the time they knew our hours of our wedding up front. 21· · · Q· · (By Mr. Wishnew)· But you knew how much you 22· had -- how many hours you purchased, right? 23· · · A· · I hadn't looked at the contract that day or 24· the weeks around this. 25· · · Q· · And then later you requested for two

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·1· additional hours, right? ·2· · · A· · Kristin, my wedding planner, requested for ·3· two additional hours. ·4· · · Q· · Okay.· So -- and that change was not made ·5· until October 21st; isn't that correct? ·6· · · A· · No.· Our wedding was October 11. ·7· · · Q· · Excuse me.· The charge was not made on you ·8· until -- was not made by APP to you until October 21, ·9· right? 10· · · A· · On October 21st I found that out.· It's not 11· my credit card, so I thought it had already been paid 12· before the wedding. 13· · · Q· · Okay.· So the amount that you say was charged 14· is false.· The date and when you say it was charged is 15· false, correct? 16· · · A· · I -17· · · · · · · · MR. BOYD:· Objection.· Form.· As to 18· characterizing it as false, she's already testified 19· that she couldn't recall at the time she put this in 20· there.· False implies an intent. 21· · · Q· · (By Mr. Wishnew)· Do you think it's important 22· when you post on public forums that you make truthful 23· statements? 24· · · A· · I do. 25· · · Q· · So did you think it was important to make

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·1· sure that the statements you were making right here in ·2· this comment were accurate? ·3· · · A· · I do not recall making -- sorry.· Let me ·4· rephrase that.· I do not recall at the time of making ·5· these statements figuring out the exact details of my ·6· statement. ·7· · · Q· · Okay.· And so what -- what issue are you ·8· trying to make of you and your wedding planner ·9· requesting for two additional hours when it's very 10· clear in your contract and the Wedding Collection, 11· Exhibit 7, exactly the amount of hours you had 12· contracted for? 13· · · · · · · · MR. BOYD:· Objection.· Form. 14· · · A· · At the time I wasn't looking at my contract, 15· the specific time of day on this date, so I didn't 16· have it fresh in my head on what the contract stated. 17· · · Q· · (By Mr. Wishnew)· You then comment, I'm a 18· blogger.· I'm going to be all over this once it's 19· resolved, Melissa F. Mathis.· What did you mean by 20· that? 21· · · A· · At the time I was just going to do a blog 22· post on my personal blog about the experience. 23· · · Q· · And you then say, Melissa, check your 24· messages.· Do you see that? 25· · · A· · Yes.

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·1· · · Q· · (By Mr. Wishnew)· Let's make that 17 and ·2· we'll come back and we'll save Exhibit 47. ·3· · · · · · · · MR. BOYD:· So let's pull 47 off of that. ·4· · · Q· · (By Mr. Wishnew)· So just going back.· With ·5· respect to your Park Cities post, you see this E-mail ·6· on October 21, 2014, from Chaney to you, right? ·7· · · A· · Yes. ·8· · · Q· · So the second paragraph says, I'm E-mailing ·9· you today because the credit card ending in 4742 10· declined when we tried to process payment for the two 11· additional hours for the wedding date.· Do you see 12· that? 13· · · A· · I do. 14· · · Q· · So now does this refresh your memory as to 15· when you were charged for the two additional hours? 16· · · A· · At the time of this E-mail, I was on my 17· honeymoon.· To be honest, I wasn't really thinking 18· about that on that date.· Again, it wasn't my credit 19· card, so I wasn't really involved. 20· · · Q· · But you didn't feel it was important in the 21· Park Cities post to state that you requested the 22· additional hours, you'd been billed the amount that 23· you had been told you'd be billed for any additional 24· hours, and that they billed three weeks after your 25· wedding -- or two weeks after your wedding?

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·1· · · · · · · · MR. BOYD:· Objection.· Form. ·2· · · A· · I wasn't really thinking about when it was ·3· billed at the time.· And, honestly, when I made the ·4· Park Cities post, I wasn't really thinking about the ·5· details of my billing order and what exactly I was ·6· billed for and when. ·7· · · Q· · (By Mr. Wishnew)· Going back to Exhibit 47, ·8· the real 47 this time.· Okay.· This is a document that ·9· your lawyer provided to me, the Bates label is MOL 521 10· to 543.· And can you tell me what this is? 11· · · A· · It looks -- I'm not sure if it's a text 12· message or Facebook message between myself and 13· Laura Durham. 14· · · Q· · Okay.· And who is Laura Durham? 15· · · A· · Laura Durham is someone who ed me 16· after our story aired. 17· · · Q· · Okay.· And when she ed you, did she 18· tell you that she was a former employee of APP? 19· · · A· · She did. 20· · · Q· · If you go to the -- Page 524. 21· · · · · · · · MR. BOYD:· I don't have Bates stamps on 22· mine nor does she on hers. 23· · · Q· · (By Mr. Wishnew)· Well, I'll save this 24· exhibit.· Let's put 47 to the side and after the break 25· I'll get it done.

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·1· · · A· · Okay. ·2· · · Q· · Why did you select NBC to go public with your ·3· story? ·4· · · A· · I did not select NBC. ·5· · · Q· · Who selected NBC? ·6· · · A· · Andrew. ·7· · · Q· · Did you pay attention to the ratings that the ·8· news story received? ·9· · · A· · I did not. 10· · · Q· · No.· Did you check the traffic on your blog 11· after the story aired? 12· · · A· · I did not, as I did not mention my blog on 13· the story. 14· · · Q· · Okay.· Did you believe at the time that this 15· would increase traffic to your blog? 16· · · A· · No, I did not. 17· · · · · · · · (Exhibit 48 marked.) 18· · · Q· · 48.· All right.· What is this that we're 19· looking at in Exhibit 48? 20· · · A· · It looks to be my Instagram . 21· · · Q· · And it says the time of the post, it doesn't 22· say the date.· Do you know what date it was that you 23· posted this? 24· · · A· · I really don't.· I'm -- I don't.· I'm sorry. 25· · · Q· · Okay.· And it says -- the very first thing,

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·1· Justice was served.· You believe that your news story ·2· served justice on Andrea Polito and her business? ·3· · · · · · · · MR. BOYD:· Objection.· Form. ·4· · · A· · I believe that my news story brought ·5· attention to the situation. ·6· · · Q· · (By Mr. Wishnew)· Did the -- did you observe ·7· negative attention, negative public to APP? ·8· · · · · · · · MR. BOYD:· Objection.· Form. ·9· · · A· · I saw that there was public , yes, 10· that was negative. 11· · · Q· · (By Mr. Wishnew)· Did you see that she was 12· getting negative posts on her Facebook? 13· · · A· · I did. 14· · · Q· · Were you excited about that? 15· · · A· · I was not. 16· · · Q· · No.· Were you happy about that? 17· · · A· · I was not. 18· · · Q· · No.· But you thought that was justice? 19· · · · · · · · MR. BOYD:· Objection.· Form. 20· · · A· · When I said justice was served, I just meant 21· the news story being aired. 22· · · Q· · (By Mr. Wishnew)· If you will look at 23· POL 160.· You post a comment, The fact that she's done 24· this to over 22 brides that have come forward over the 25· last 24 hours proves that what I did was right.· Do

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·1· you see that? ·2· · · A· · I do. ·3· · · Q· · Okay.· I'd like for you to tell me the 22 ·4· brides that came forward within the 24 hours of her ·5· news story. ·6· · · A· · 22 brides didn't me directly.· I just ·7· said they came forward. ·8· · · Q· · Okay.· And what 22 brides came forward? ·9· · · A· · I don't know them by name.· I know that I 10· have included E-mails, or Facebook messages rather, 11· from five or six, maybe, that came directly to me 12· after the story and messaged me.· And I know that some 13· of those brides mentioned other brides they knew that 14· were unhappy.· I also observed on the comments on both 15· Facebook page and the NBC page that -- the NBC news 16· article page, sorry, let me clarify, and the NBC 17· Facebook page where the article was posted directly, 18· that other former brides had made comments that they 19· were not happy. 20· · · Q· · Isn't it true that you don't know exactly 22 21· brides came forward? 22· · · A· · I do not know the exact number. 23· · · Q· · Right.· Isn't it true that you don't -- you 24· couldn't provide me names of over 10 brides that came 25· forward?

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·1· · · A· · I -·2· · · · · · · · MR. BOYD:· Objection.· Form. ·3· · · A· · I do not believe so. ·4· · · Q· · (By Mr. Wishnew)· Can you provide me more ·5· than five names today of brides that you say came ·6· forward? ·7· · · · · · · · MR. BOYD:· Objection.· Form. ·8· · · A· · Not from memory. ·9· · · Q· · (By Mr. Wishnew)· Okay.· And what documents 10· would you need to review to find 10 of the 22 brides 11· that you said have come forward? 12· · · · · · · · MR. BOYD:· Objection.· Form. 13· · · A· · I would need to look at every NBC comment 14· that was made on every NBC page where our article was 15· written.· I would need to look at every other website 16· that picked up the article and every comment that was 17· written.· I would need to look at every message I got, 18· every E-mail that the reporter got and forwarded to 19· me. 20· · · Q· · (By Mr. Wishnew)· Is it your testimony that 21· you reviewed all of that information prior to this 22· post and you counted every single one of the brides 23· that you said came forward and you came to 22 exactly 24· or were you exaggerating? 25· · · · · · · · MR. BOYD:· Objection.· Form.

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·1· · · Q· · (By Mr. Wishnew)· You can answer. ·2· · · A· · I did not count the number.· I just ·3· guesstimated. ·4· · · Q· · Did you think it was important to be exact ·5· when you were stating about the number of brides ·6· coming forward? ·7· · · · · · · · MR. BOYD:· Objection.· Form. ·8· · · A· · I wasn't thinking about the number at the ·9· time.· It was my personal Instagram page. 10· · · Q· · (By Mr. Wishnew)· But your personal Instagram 11· page has many followers, right? 12· · · A· · It does. 13· · · Q· · Right.· I mean, you market that on your blog 14· about the number of followers you get on your 15· Instagram? 16· · · A· · I do. 17· · · Q· · Right.· And so you didn't think it was 18· important to be accurate about the statement that 22 19· brides have come forward over the last 24 hours? 20· · · · · · · · MR. BOYD:· Objection.· Form. 21· · · A· · I was not thinking about the number.· I was 22· guesstimating and trying to defend myself to negative 23· comments I was receiving. 24· · · Q· · (By Mr. Wishnew)· And in all the documents 25· that you gathered and produced to me, are you aware of

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·1· how many brides would be included in this 22?· How ·2· many? ·3· · · A· · I'm not. ·4· · · · · · · · MR. BOYD:· Objection.· Form. ·5· · · Q· · (By Mr. Wishnew)· No.· You state, We have ·6· tried to communicate with her for months with almost ·7· no response.· Now, the her you're referring to is ·8· Andrea Polito, right? ·9· · · A· · Yes. 10· · · Q· · You had been communicating with APP for 11· months and every time you sent an E-mail, APP 12· responded, correct? 13· · · A· · To my knowledge, the company responded. 14· · · Q· · That's right.· Did any of your E-mails ever 15· go not responded to? 16· · · · · · · · MR. BOYD:· Objection.· Form. 17· · · A· · I can't say for sure.· I would have to go 18· back and look at every single E-mail and whether or 19· not I got a response to every single E-mail. 20· · · Q· · (By Mr. Wishnew)· Don't you think it's 21· misleading to say we have tried to communicate with 22· her for months with almost no response? 23· · · · · · · · MR. BOYD:· Objection.· Form. 24· · · A· · We got almost no response, I was referring 25· to, from Andrea Polito herself.

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·1· · · Q· · (By Mr. Wishnew)· You don't think you should ·2· have clarified that her office had responded to every ·3· one of your E-mails? ·4· · · · · · · · MR. BOYD:· Objection.· Form. ·5· · · A· · I was referring to Andrea Polito.· So I feel ·6· like my statement of saying Andrea Polito herself did ·7· not respond -- or was almost no response was accurate. ·8· · · Q· · (By Mr. Wishnew)· And every time you were ·9· sending those E-mails, weren't you sending those 10· E-mails to Chaney? 11· · · · · · · · MR. BOYD:· Objection.· Form. 12· · · A· · I was sending them to Chaney.· I assume 13· Chaney shares E-mails about situations with Andrea. 14· · · Q· · (By Mr. Wishnew)· So you don't think it's 15· misleading to post on your public page, to which you 16· enjoy so many followers, that every time you 17· communicated with APP, you received a response? 18· · · · · · · · MR. BOYD:· Objection.· Form. 19· · · A· · I do not think that is misleading. 20· · · · · · · · MR. BOYD:· Dave, is this a good time? 21· · · · · · · · MR. WISHNEW:· Yeah.· Let's do it. 22· · · · · · · · THE VIDEOGRAPHER:· Time is 1:30.· Off 23· the record. 24· · · · · · · · (Recess taken from 1:30 to 2:10.) 25· · · · · · · · THE VIDEOGRAPHER:· Time is 2:10.· On the

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·1· record. ·2· · · Q· · (By Mr. Wishnew)· Ms. Moldovan, you ·3· understand you're still under oath? ·4· · · A· · I do. ·5· · · Q· · I'd like to refer you to Exhibit 47. ·6· · · A· · Okay. ·7· · · Q· · Is it fair to say that Exhibit 47 is a text ·8· message conversation between you and Laura Durham? ·9· · · A· · I believe so, yes. 10· · · Q· · And Laura Durham is a former employee of APP, 11· correct? 12· · · A· · To my knowledge, yes. 13· · · Q· · Great.· If you turn to the Bates number 14· MOL 524, the third to last post on the bottom from 15· you -- or text from the bottom, January 18 at 6:13 16· p.m., you said, And Chaney is the only one you can get 17· in touch with.· Never heard from Andrea.· Did you ever 18· attempt to Andrea directly? 19· · · A· · No, I did not. 20· · · Q· · Okay.· Did you ever try to phone Andrea 21· directly? 22· · · A· · No, I did not. 23· · · Q· · Did you ever leave a message at the APP 24· office asking for Andrea to call you? 25· · · A· · No, I did not.

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·1· · · A· · If you prefer to call it that than reading ·2· out the URL, that's fine. ·3· · · Q· · Great.· You said, It's not true.· None of it, ·4· right? ·5· · · A· · Yes. ·6· · · Q· · So are you saying that none of the -- none of ·7· the statements made in Andrea Polito's post are true? ·8· · · A· · I was more so referring to the things said ·9· about me. 10· · · Q· · So some of it was true? 11· · · A· · I haven't looked at the post in a very long 12· time. 13· · · Q· · We will. 14· · · A· · I'd have to look at it. 15· · · Q· · And then it says, Tell Jennifer I'm beyond 16· mad, you said, and then Laura responds, Let's just 17· hope more people E-mail her.· Then you responded, I'm 18· E-mailing it to all the brides I know. 19· · · · · · · · So you were going to go -- you were 20· going to E-mail all of the brides that you know that 21· contracted with Andrea Polito's business? 22· · · · · · · · MR. BOYD:· Objection.· Form. 23· · · A· · No.· At the time I was just going to send the 24· URL of the blog post to a couple of the brides I had 25· been messaging with that you-all have the messages of.

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·1· · · Q· · (By Mr. Wishnew)· You said you're E-mailing ·2· it to all the brides you know? ·3· · · A· · At the time I said that, it never actually ·4· happened.· I was on a flight. ·5· · · Q· · So you intended to at the time to send it to ·6· all the brides you knew? ·7· · · A· · To the brides that I knew that had worked ·8· with Andrea Polito, yes. ·9· · · · · · · · (Exhibit 49 marked.) 10· · · Q· · All right.· Exhibit 49.· This is a post at 11· January 15 at 8:09 a.m. from A Complete Waste of 12· Makeup, right? 13· · · A· · Yes. 14· · · Q· · So that's your -- that's your blog, right? 15· · · A· · Yes. 16· · · Q· · Posting on the Facebook? 17· · · A· · That is -18· · · · · · · · MR. BOYD:· Objection.· Form.· Go ahead. 19· · · A· · That is a post of my blog on Facebook, on the 20· blog Facebook page. 21· · · Q· · (By Mr. Wishnew)· Right.· And the post says, 22· Big things and fun things, right? 23· · · A· · Correct. 24· · · Q· · Right.· And then you -- under the picture of 25· Scott Gordon from NBC it says, Big things and fun

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·1· · · · · · · · MR. BOYD:· Objection. Form. ·2· · · A· · Yes. ·3· · · Q· · (By Mr. Wishnew)· Right.· Do all 48,000 ·4· followers to your blog, if they logged on your blog ·5· after you posted it, would they be able to view that ·6· post? ·7· · · A· · Yes. ·8· · · Q· · So anyone that followed your blog would be ·9· able to see anything that you post on your blog about 10· the NBC story, right? 11· · · A· · Yes. 12· · · Q· · Did you post on your blog that -- or, excuse 13· me, did you post on Facebook anything to the effect 14· that anyone out of town, that you would post the link 15· right after the story aired? 16· · · A· · I did. 17· · · Q· · Previously you testified that you were not 18· excited about the story airing; is that correct? 19· · · A· · I didn't say I wasn't excited.· I said it 20· wasn't -- I mean, I had very mixed feelings about the 21· entire situation. 22· · · Q· · Were you excited about the story airing? 23· · · A· · In a way, sometimes, yes.· Not always and not 24· leading up to it.· Not always. 25· · · · · · · · (Exhibit 50 marked.)

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·1· · · Q· · Exhibit 50.· This is a post on January 16th, ·2· which would have been the Friday that the story aired ·3· that you made on your Facebook.· Do you see that? ·4· · · A· · Uh-huh.· Yes, I do.· Sorry. ·5· · · Q· · And you say, Don't forget to tune into NBC ·6· D/FW tonight at 10:00 p.m. exclamation point.· Andrew ·7· Moldovan and I would love if you spread the word. ·8· Also the clip will be online right after, exclamation ·9· point.· Feeling excited. 10· · · · · · · · So now would you like to change your 11· testimony and tell me whether you felt excited about 12· the story airing? 13· · · · · · · · MR. BOYD:· Objection.· Form. 14· · · A· · I can say at 10:51 a.m. I felt excited. 15· · · Q· · (By Mr. Wishnew)· You felt excited and you 16· wanted everyone to spread the word, right? 17· · · A· · I wanted people to watch the story. 18· · · Q· · Yeah.· All right.· Let's talk about the NBC 19· article that accompanied the story. 20· · · A· · Okay. 21· · · · · · · · (Exhibit 51 marked.) 22· · · Q· · I'm going to show you what's going to be 23· marked as Exhibit 51.· Have you read this article 24· before? 25· · · A· · I have.

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·1· · · A· · It appears so. ·2· · · Q· · Right.· And when you ed her, you did ·3· so because you saw a post about Andrea Polito, ·4· correct? ·5· · · A· · I believe she may have posted on the NBC ·6· comments. ·7· · · Q· · Right.· So you reached out to a former client ·8· of Andrea Polito, correct? ·9· · · A· · After the news story aired, yes. 10· · · Q· · How many other clients of Andrea Polito -11· pardon me.· How many other clients of APP did you 12· ? 13· · · A· · After the news story aired?· Before?· I'm 14· just curious.· In general? 15· · · Q· · Anytime in 2015? 16· · · A· · I believe just one other, which was Emily 17· Schultz, who I went to middle school with and through 18· high school with. 19· · · Q· · Is it your testimony today that you only 20· ed two clients of APP in 2015? 21· · · · · · · · MR. BOYD:· Objection.· Form. 22· · · A· · It is not my testimony.· I do not recall the 23· exact number. 24· · · Q· · (By Mr. Wishnew)· So you're saying it's 25· possible you ed more, you just don't recall?

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·1· · · A· · So I can't be sure what was said between him ·2· and other brides. ·3· · · Q· · Will you turn the page, please? ·4· · · A· · Yes. ·5· · · Q· · Your post at 6:41 p.m.· The fact that she's ·6· now having people attack me on all forms of social ·7· media shows how nonprofessional she is. ·8· · · · · · · · How do you know that Andrea Polito -·9· let me back up.· Why do you believe that Andrea Polito 10· had people attack you on all forms of social media? 11· · · A· · Well, I believe that because Stacey Reeves, 12· as I believe there's a -- somewhere in all the 13· documents we have, posted in a photography forum for 14· everybody to go basically attack my social media and 15· be on the defense, I guess, for Andrea.· And I believe 16· that she was, in my opinion, either coerced to do that 17· or asked to do that because she also has posted screen 18· shot E-mails from Andrea and myself on social media 19· forums and I did not give her those documents. 20· · · Q· · You didn't express your opinion here, you 21· said it's the fact that she's now having people attack 22· me.· Did you have any actual evidence that Andrea 23· Polito encouraged people to attack you on Facebook? 24· · · · · · · · MR. BOYD:· Objection.· Form. 25· · · A· · I did not.

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·1· · · Q· · (By Mr. Wishnew) So you didn't know it was a ·2· fact at that point? ·3· · · · · · · · MR. BOYD:· Objection.· Form. ·4· · · A· · No.· I did not know it was a fact. ·5· · · Q· · (By Mr. Wishnew) If you turn the page, ·6· please.· From 1-17 at 7:34 p.m. to 1-20 at 7:48 p.m., ·7· were any comments deleted in that time? ·8· · · A· · No. ·9· · · Q· · If you turn the page, please.· Your posts 10· at -- or your message at 7:50 p.m.· I just wanted to 11· make sure the same thing didn't happen to you.· I'm 12· not trying to be rude, but please understand I've been 13· attacked all day and night for four days.· Never said 14· one bad thing about her, just that we wanted what we 15· paid for.· Gave them weeks to fulfill that. 16· · · · · · · · Is it your testimony today that you 17· never said one bad thing about Andrea Polito? 18· · · A· · I'm not entirely sure. 19· · · · · · · · MR. BOYD:· Objection.· Form. 20· · · Q· · (By Mr. Wishnew) And you said, Gave them 21· weeks to fulfill that.· What were you referring to? 22· · · A· · The several E-mails between Andrew, myself 23· and Chaney where we had asked for our disk of 24· high-resolution images. 25· · · Q· · Right.· And we're talking about when Chaney

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·1· was explaining the process in which you go about ·2· ordering the album and then you get your disks? ·3· · · A· · Yes. ·4· · · Q· · Yes.· Right.· So you're saying that you ·5· should have received your high-resolution pictures ·6· weeks before, is that what you're saying? ·7· · · · · · · · MR. BOYD:· Objection.· Form. ·8· · · A· · In my opinion, yes, we should have. ·9· · · Q· · (By Mr. Wishnew) Okay.· Not because of what's 10· stated in the contract, though, right? 11· · · A· · In my opinion, we should have received them. 12· · · Q· · Right.· But per your contract, you would not 13· have received your pictures weeks prior to that? 14· · · · · · · · MR. BOYD:· Objection.· Form. 15· · · A· · Per the contract, no. 16· · · · · · · · (Exhibit 56 marked.) 17· · · Q· · (By Mr. Wishnew) 56.· Who is Hailee Hamblett 18· Graham? 19· · · A· · She's a girl that messaged me on Facebook 20· after our story aired. 21· · · Q· · Okay.· And are these the only communications 22· you had with Hailee Hamblett Graham? 23· · · A· · The only text communications. 24· · · Q· · Have you talked by phone? 25· · · A· · We did speak by phone.

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·1· of.· And I don't know what she's liking and what she's ·2· not. ·3· · · Q· · MR. WISHNEW:· You see Elliot Michel's post ·4· and you understand that when you post a URL to a ·5· comment, that it populates with a -- with the website, ·6· like it does here with ruined days, right? ·7· · · A· · I do. ·8· · · Q· · Right.· And you saw where he said, We need an ·9· address and alibi and a large plot of land with no 10· questions.· You see that? 11· · · A· · I do. 12· · · Q· · You liked that comment, didn't you? 13· · · · · · · · MR. BOYD:· Objection.· Form. 14· · · A· · I liked it because of the glitter part.

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15· thought that was funny. 16· · · Q· · (By Mr. Wishnew) You -17· · · A· · I liked the comment because of the glitter 18· part of the comment. 19· · · Q· · So you're saying you liked part of it, but 20· you didn't like the other part? 21· · · A· · Well, you can't only like part of a comment 22· on Facebook.· I mean, you can't pick and choose what 23· you like. 24· · · Q· · You didn't think it reprehensible that 25· someone would talk about an address, an alibi and a

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·1· large plot of land with no questions? ·2· · · · · · · · MR. BOYD:· Objection.· Form. ·3· · · A· · I knew he was kidding.· I know him.· He's a ·4· joking guy. ·5· · · Q· · (By Mr. Wishnew) You say, Elliot Michel, ·6· you're hysterical.· I'll that next time ·7· someone cuts me off in traffic.· You said that, right? ·8· · · A· · Yes.· Again, making a joke. ·9· · · Q· · All right.· So NBC did a follow-up story, 10· correct? 11· · · A· · I believe so. 12· · · · · · · · (Exhibit 60 marked.) 13· · · Q· · I'm going to hand you Exhibit 60.· Okay.· If 14· you could turn to Page 4 of 9, please, of this story. 15· · · · · · · · MR. BOYD:· We've got Bates stamps, which 16· I believe would translate out to Bates stamp 264. 17· · · Q· · (By Mr. Wishnew) 264. 18· · · · · · · · MR. BOYD:· Okay. 19· · · A· · Yes. 20· · · Q· · (By Mr. Wishnew) In the middle of the page in 21· the story it said, The Moldovans denied making some 22· online comments that were attributed to them and said 23· someone else wrote them after setting up fake profiles 24· using their names.· In other cases, the Moldovans said 25· someone using the fake profiles liked controversial

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·1· comments they said they did not even see. ·2· · · · · · · · How many fake profiles do you and Andrew ·3· contend were created? ·4· · · A· · Well, I know there was a fake Twitter ·5· in my name, which has since been deleted by Twitter ·6· after we went to them.· There was a Facebook page in ·7· my name that has since been deleted after we went to ·8· Facebook.· There actually were several Twitter ·9· s.· They've all been deleted.· Beyond that, I 10· don't know what was created about me.· I still have to 11· monitor that daily. 12· · · Q· · Did you or Andrew create any of the fake 13· s? 14· · · A· · No.· I do not believe I or my husband did 15· that. 16· · · Q· · It says, The Moldovans also denied liking a 17· comment in another post which said, quote, We need an 18· address, an alibi and large plot of land with no 19· questions. 20· · · A· · I never denied that. 21· · · Q· · So you're saying NBC got it wrong here? 22· · · A· · Got it wrong in saying that I -- Andrew did 23· not like it.· I never said to them that I didn't like 24· it.· But I wasn't referring to that comment on the 25· page, I was referring to liking the glitter comment.

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·1· So they're taking a portion of a comment that I liked ·2· from somebody and saying I never liked the comment ·3· about the address, alibi and large plot of land.

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·4· liked the comment about the glitter. ·5· · · Q· · It says, Again, the Moldovans said it must ·6· have been someone using a fake profile. ·7· · · A· · I never said that. ·8· · · Q· · Did Andrew say it? ·9· · · A· · I do not know. 10· · · Q· · So NBC made it up? 11· · · A· · I do not know. 12· · · · · · · · MR. BOYD:· Objection.· Form. 13· · · Q· · (By Mr. Wishnew) After this story came out, 14· did you write NBC and say you've got this part of the 15· story wrong? 16· · · · · · · · MR. BOYD:· Objection.· Form. 17· · · A· · After this specific that is in my hand right 18· now? 19· · · Q· · (By Mr. Wishnew) Yes. 20· · · A· · I had no communication with NBC after this 21· came out. 22· · · Q· · It says, The Moldovans also denied saying 23· other things attributed to them including a comment 24· that they wished the story would go viral. 25· · · A· · I never denied that.

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·1· · · Q· · So, again, NBC got it wrong here? ·2· · · · · · · · MR. BOYD:· Objection.· Form. ·3· · · A· · I can just tell you that I never denied it to ·4· NBC. ·5· · · Q· · (By Mr. Wishnew)· You were in the room when ·6· Andrew was interviewed the second time? ·7· · · A· · We were not interviewed in person. ·8· · · Q· · Did you submit E-mails? ·9· · · A· · It was via E-mail and phone call.· I was out 10· of town. 11· · · Q· · So you each spoke separately to NBC for the 12· follow-up interview? 13· · · A· · I do not recall if Andrew -- I don't know if 14· Andrew spoke to them.· I can't if I spoke to 15· them on the phone or all through E-mail.· I don't have 16· that in front of me. 17· · · Q· · So what you're saying is, NBC never asked you 18· did you want this story to go viral.· Did you post a 19· comment saying you wanted the story to go viral and 20· then you denied it? 21· · · A· · I don't know.· I don't recall the specific 22· E-mail conversation I had with NBC. 23· · · Q· · You said, Neither of us ever hoped her 24· business is ruined nor do we even want that. 25· · · · · · · · You did post about her business being

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·1· ruined, though, didn't you? ·2· · · A· · After people had made comments.· I never ·3· hoped that, though.· I never said I hope her business ·4· gets ruined.· I didn't wish that upon her, no. ·5· · · · · · · · (Exhibit 61 marked.) ·6· · · Q· · Exhibit 61.· This is a conversation that you ·7· produced between you and Lauren Callon, right? ·8· · · A· · Yes. ·9· · · Q· · Who is Laura Callon? 10· · · A· · Lauren Callon was our wedding coordinator at 11· the Dallas Petroleum Club. 12· · · Q· · Right.· So Lauren Callon is the wedding 13· coordinator at the Petroleum Club? 14· · · A· · She's one of them.· I don't know how many 15· there are. 16· · · Q· · Wedding coordinators often recommend what 17· photographers brides should use, right? 18· · · · · · · · MR. BOYD:· Objection.· Form. 19· · · A· · I don't know that. 20· · · Q· · (By Mr. Wishnew)· You don't -- you don't 21· know -- you don't know whether Lauren Callon has a 22· vendor list with what photographers they recommend? 23· · · A· · She told me on here later in the conversation 24· that she had a vendor list. 25· · · Q· · Okay.

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·1· Hernandez Crutchfield's opinion? ·2· · · A· · No. ·3· · · · · · · · MR. BOYD:· Objection.· Form. ·4· · · Q· · (By Mr. Wishnew)· Did you think it was funny? ·5· · · A· · I just liked it.· I didn't have an opinion ·6· that much.· I just liked the comment because I ·7· appreciated her standing up for me. ·8· · · Q· · Did you like the part where she said, I hope ·9· this makes people think twice about hiring her? 10· · · A· · I liked the Facebook comment. 11· · · Q· · I'm sorry.· I know it's been a long day.· Is 12· this one of those times where you only liked part of a 13· comment, not the other, or is this where you're liking 14· the whole comment? 15· · · A· · I honestly don't .· It's quite awhile 16· ago. 17· · · Q· · Is Abby your mother? 18· · · A· · Yes.· Abby is my mother. 19· · · Q· · So you and your mom liked this comment about 20· a special place in hell for Andrea Polito? 21· · · · · · · · MR. BOYD:· Objection.· Form. 22· · · Q· · (By Mr. Wishnew)· You can answer. 23· · · A· · I can't really say what my mom does or does 24· not do on her personal -25· · · Q· · (By Mr. Wishnew)· I'm just saying both of you

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·1· liked it? ·2· · · A· · As far as I can tell, yes. ·3· · · · · · · · (Exhibit 68 marked.) ·4· · · Q· · 68.· Before I get into this review I want to ·5· ask the question.· Can we -- do you when I ·6· talked about that cheater and scammer comment on ·7· Wedding Wire? ·8· · · A· · I do. ·9· · · Q· · Have you or Andrew ed Wedding Wire and 10· asked them to pull that comment down? 11· · · A· · No. 12· · · Q· · No.· But all of the other fake profiles that 13· you contend were made, you said you requested the 14· social media company to take them down, right? 15· · · · · · · · MR. BOYD:· Objection.· Form.· Go ahead. 16· · · A· · The other fake profiles had my name and 17· things about my life, about my blog and other things. 18· This has Andrew's name, not mine. 19· · · Q· · (By Mr. Wishnew)· Going back to what was 20· marked as -- was that 68?· Do you recognize what I've 21· handed you in Exhibit 68? 22· · · A· · It looks to be an Andrea Polito Photography 23· Facebook page. 24· · · Q· · You like a number of posts on this page, 25· right?

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NEELY MOLDOVAN - 03/03/2015 Page 201

·1· · · A· · I would have to look through it all.· If you ·2· want me to, I can do that right now. ·3· · · Q· · Let's walk through them. ·4· · · A· · Okay. ·5· · · Q· · You liked the first comment.· You then liked ·6· the second comment.· You liked a comment in Enrique ·7· Gamez, where it says, Disgrace.· Will never use you. ·8· One star.· Laurie Freeman Smith comment says, One ·9· star.· Adds extra cost to your package.· Doesn't 10· follow the contract.· See news reports and be wary. 11· You liked that comment. 12· · · · · · · · MR. BOYD:· Where are you?· Okay.· All 13· right.· I see. 14· · · Q· · (By Mr. Wishnew)· Did you, in fact, like that 15· comment? 16· · · A· · As far as I know, I did. 17· · · Q· · I mean, this is your real profile, right, not 18· a fake profile? 19· · · A· · Yes.· I just really can't think back to that 20· evening.· But, as far as I know, yes, I did like that 21· comment. 22· · · Q· · If you turn to Page 387, you liked the 23· comment, the one star comment by Urcelon Lavet Walker, 24· right? 25· · · A· · Yes, I did.

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NEELY MOLDOVAN - 03/03/2015 Page 202

·1· · · Q· · Then you liked the comment -- the one star ·2· comment by Shawn Figley, correct? ·3· · · A· · I did, yes. ·4· · · Q· · And then if you turn to the next page, you ·5· liked a comment by -- one star comment by Patty ·6· Marriott, right? ·7· · · A· · Yes, I did. ·8· · · Q· · If you go to Page 390, Kevin Michaels post, ·9· one star.· Total scam artist.· Be wary.· She just 10· wants all your money.· You liked that comment, right? 11· · · A· · I did. 12· · · Q· · Is that because you believed that Andrea 13· Polito is a scam artist? 14· · · · · · · · MR. BOYD:· Objection.· Form. 15· · · A· · No.· That's not why I liked the comment. 16· · · Q· · (By Mr. Wishnew)· No? 17· · · A· · No. 18· · · Q· · Why did you like it? 19· · · A· · Because it was someone ing us. 20· · · Q· · By insulting Andrea Polito, right? 21· · · · · · · · MR. BOYD:· Objection.· Form. 22· · · A· · Yes. 23· · · Q· · (By Mr. Wishnew)· Ashley Henderson Bowers. 24· You said she was a friend of yours? 25· · · A· · I believe I was not asked about Ashley

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NEELY MOLDOVAN - 03/03/2015 Page 210

·1· girls, I've seen 22 girls.· Did you ever actually ·2· count the number of people that come -- or were you ·3· just picking numbers? ·4· · · · · · · · MR. BOYD:· Objection.· Form. ·5· · · A· · I was guessing based on my recollection of ·6· how many people had E-mailed me. ·7· · · Q· · (By Mr. Wishnew)· Then you go on to the next ·8· page.· The day before our wedding they called and said ·9· we needed to pay 900 extra for the two hours not 10· included in our contract they were working the wedding 11· day, which they never told us about before. 12· · · · · · · · It's not true that they called you the 13· day before and said that you had to pay $900 extra, is 14· it? 15· · · A· · The $900 is not true.· Again, I can't be 16· certain on the exact date that week before our wedding 17· that I talked to Chaney. 18· · · Q· · But you always knew that you'd have to pay 19· any additional amount over seven hours, right? 20· · · A· · I -- like I said before, I didn't look at the 21· a la carte menu on a regular basis, so -- I mean, it's 22· there.· I don't know that I was aware of it. 23· · · Q· · And you also say, And now they won't give us 24· our high-res images.· That wasn't true either, was it? 25· · · · · · · · MR. BOYD:· Objection.· Form.

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NEELY MOLDOVAN - 03/03/2015 Page 214 ·1· · · · · · · · · ·CHANGES AND SIGNATURE ·2· WITNESS NAME:· NEELY MOLDOVAN · · DATE OF DEPOSITION:· MARCH 3, 2015 ·3 ·4· PAGE· · ·LINE· ·CHANGE· · · · · · ·REASON ·5· ____________________________________________________ ·6· ____________________________________________________ ·7· ____________________________________________________ ·8· ____________________________________________________ ·9· ____________________________________________________ 10· ____________________________________________________ 11· ____________________________________________________ 12· ____________________________________________________ 13· ____________________________________________________ 14· ____________________________________________________ 15· ____________________________________________________ 16· ____________________________________________________ 17· ____________________________________________________ 18· ____________________________________________________ 19· ____________________________________________________ 20· ____________________________________________________ 21· ____________________________________________________ 22· ____________________________________________________ 23· ____________________________________________________ 24· ____________________________________________________ 25· ____________________________________________________

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NEELY MOLDOVAN - 03/03/2015 Page 215 ·1· · · I, NEELY MOLDOVAN, have read the foregoing · · deposition and hereby affix my signature that same is ·2· true and correct, except as noted above. ·3 · · · · · · · · · · · ·_________________________________ ·4· · · · · · · · · · ·NEELY MOLDOVAN ·5 · · STATE OF TEXAS· · · · · ·) ·6· COUNTY OF _______________) ·7· · · ·8· · · ·9· · · 10·

· · Before me, _________________________on this day personally appeared, NEELY MOLDOVAN, known to me (or proved to me under oath or through ______________) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed.

11· · · Given under my hand and seal of office this · · _______ day of _______________________, 2015. 12 13· · · · · · · · · · ·__________________________________ · · · · · · · · · · · ·Notary Public in and 14· · · · · · · · · · ·For the State of _________________ 15 16 17 18 19 20 21 22 23 24 25

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NEELY MOLDOVAN - 03/03/2015 Page 216 ·1· · · · · · · · · · · NO. DC-15-00660 ·2· · · ·3· · · ·4· · · ·5· · · ·6· · · ·7·

ANDREA POLITO AND ANDREA· ·*· IN THE DISTRICT COURT POLITO PHOTOGRAPHY, INC.· ·* · · · · · · · · · · · · · ·* · · · · · · · · · · · · · ·* VS· · · · · · · · · · · · ·*· DALLAS COUNTY, TEXAS · · · · · · · · · · · · · ·* · · · · · · · · · · · · · ·* SEEKING THE DEPOSITIONS OF * NEELY MOLDOVAN, ANDREW· · ·* MOLDOVAN AND WASTE OF· · · * MAKEUP MEDIA, LLC· · · · · *· 134TH JUDICIAL DISTRICT

·8 ·9· · · · · · · · ·REPORTER'S CERTIFICATION 10· · · · · · · ·DEPOSITION OF NEELY MOLDOVAN 11· · · · · · · · · · · ·MARCH 3, 2015 12· · · I, Deborah A. Copeland, certified Shorthand 13· Reporter in and for the State of Texas, hereby certify 14· to the following: 15· · · That the witness, NEELY MOLDOVAN, was duly sworn 16· by the officer and that the transcript of the oral 17· deposition is a true record of the testimony given by 18· the witness; 19· · · That the deposition transcript was submitted on 20· ______ day of ___________________, 2015 to the witness 21· or to the attorney for the witness for examination, 22· signature and return to me by ______________, 2015; 23· · · That the amount of time used by each party at the 24· deposition is as follows: 25

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NEELY MOLDOVAN - 03/03/2015 Page 217 ·1· · · ·Mr. Dave Wishnew -· 4:44 ·2· · · That pursuant to information given to the ·3· deposition officer at the time said testimony was ·4· taken, the following includes counsel for all parties ·5· of record: ·6· · · ·Mr. Dave Wishnew, Attorney for Petitioner · · · · ·Mr. Walter A. Boyd, III, Attorney for Respondent ·7 ·8· · · I further certify that I am neither counsel for, ·9· related to, nor employed by any of the parties or 10· attorneys in the action in which this proceeding was 11· taken, and further that I am not financially or 12· otherwise interested in the outcome of the action. 13· Further certification requirements pursuant to 14· Rule 203 of TR will be certified to after they have 15· occurred. 16· · · Certified to by me this 14th day of March, 2015. 17· · · 18· · · 19· · · 20· · · 21·

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__________________________________ DEBORAH A. COPELAND, CSR 5730 Expiration Date: 12/31/15 Litigation Services 3770 Howard Hughes Parkway Suite 300 Las Vegas, Nevada· 89169 800.330.1112 www.litigation-services.net

22· · · · ·FURTHER CERTIFICATION UNDER RULE 203 TR 23· · · The original deposition was/was not returned to 24· the deposition officer on ________________________; 25· · · If returned, the attached Changes and Signature

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NEELY MOLDOVAN - 03/03/2015 Page 218 ·1· Page contains any changes and the reasons therefor. ·2· · · If returned, the original deposition was delivered ·3· to Mr. Dave Wishnew, Custodial Attorney; that ·4· $_______________ is the deposition officer's charges ·5· to the Petitioner for preparing the original ·6· deposition transcript and any copies of exhibits; ·7· · · That the deposition was delivered in accordance ·8· with Rule 203.3, and that a copy of this certificate ·9· was served on all parties shown herein and filed with 10· the Clerk. 11· · · Certified to by me this _______ day of 12· ________________________, 2015. 13 14 15 16· · · 17· · · 18· · · 19· · · 20·

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_________________________________ DEBORAH A. COPELAND, CSR 5730 Expiration Date: 12/31/15 Litigation Services 3770 Howard Hughes Parkway Suite 300 Las Vegas, Nevada· 89169 800.330.1112 www.litigation-services.net

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Litigation Services· |· 1.800.330.1112 www.litigationservices.com

EXHIBIT “B-6” IS FILED UNDER SEAL

EXHIBIT “B-7” IS FILED UNDER SEAL

EXHIBIT B8

EXHIBIT “B-9” IS FILED UNDER SEAL

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In the District Court 2

Dallas County, Texas

3

134 th Judicial District

4 5 6

Andrea Polito and Andrea Polito

7

Photography, Inc.,

AFFIDAVIT

8 Plaintiff,

9 10 vs.

11 12

Neely Moldovan and Andrew Moldovan Defendants.

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i

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I

27 28 I

I

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I; I

Cause No. DC-lS-03069

~ID~IT

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Before l11e, the undersigned authority, persona ll y appeared Saskia Thompson, who, being by me duly

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swam, deposed as follow s:

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My name is Saskia Thompson, J al11 of sound mind, capable of making this affidavit , and personall y

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acquai.lted with the fac ts herein stateo :

6

I,

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("NBCU"), My job responsibiliti es include, among other thi ngs, collecti ng documents and materi al s in

8

the course of li tigation, including the in vest igation of claims and defenses of, and in response to

9

subpoenas and discovery requests directed to, N13CU and many of its subsidiary companies including

I am cun'ent ly employed as a paralega l in the Law Department Qf N13CUniversal Media , LLC

10

Station Venture Operat iO<1s, LP ("STATION") , I am responsible for responding to the Subpoena Duces

11

TeculII (the "Subpoena") in the above-captioned matter and have the uut bority to certify the records

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("RECORDS"),

13

2.

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Subpoena, and based upon the information provided in the Subpoena, are attached RECORDS marked

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STATIONOO I through STATION0038,

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3,

A thorough and diligent search has been made by STATION for the information described in the

The enclosed DVD, marked STATION003S, is or broadcast (oat age from;

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I.

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II.

STAT ION January 16,20 15 10 pm news cas! STAT ION websi te posted on January 22, 20 15

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4,

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confidential , non-shield materia ls that were (o und in the possession, custody or control of STATION after

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a reasonab le and di li gent search of its records,

It is my best inl'ormation and belief that these RECORDS are the respo nsive non-privileged, non-

22 23 24

25

26 • 27

Saski a Thompson Para legal Manager NBCUni versa l Media, LLC

2

28 NBC 10529tO 1

AFFIANT SWORN TO AND SUBSCRIBED before lue on the _ _ day of _ _ , 2015

2 3

Notary Public, State of California

4 Notary's printed name: My comlnission expires:

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California Notary

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Acknowledgment attached 8

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I

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ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Los Angeles County of On

May 19, 2015

before me , Sheetal Madadi, Notary Public (insert name and title of the officer)

personally appeared Saskia Thompson who proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is/are subscribed to the within instrument and acknowledged to me that t1e/she/ti'ftly executed the same in his/her/tl'ftlir authorized capacity(ies), and that by h~/her/t~ir signature(t) on the instrument the person(t ), or the entity upon behalf of which the person(~) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

--, /'./\ ''~ ' _ ~~C

Signature

~

(Seal)

EXHIBIT C-1.1

EXHIBIT C2

EXHIBIT C3 From: Sent: To:

Subject:

Submit News <email@aptivada .com > Tuesday, January 20, 2015 12:12 PM @NBC Uni NewsTips Facebook News Submission

A Facebook news submission has been submitted: Details: So, I saw this news story on your broadcast last week, and though I have no connections to bridal photographers or photographers in general, I sided with the couple being interviewed when listening to the story · but also wondering how come the photographer didn't also get interviewed , Imagine my surprise when I found out what REAllY happened · which ChannelS did not cover, or amend, and it really makes me question the validity of all news stories, as it seems li ke the media only wants to present the "juicy" side of things. Now, the media has done its part to disparage this young businesswoman's career and personal life . at the expense of a catchy (though untrue) "investigational" expose, It makes me angry, and I feel lied to as a viewer, http:Uwww.blogpol ito.com/?p=5757

Name: Marcy lacy Phone : 8174842795 Email: ma rcyla [email protected] City: Burleson Can be ed : N May use Name : N

STATION0021

From:

Sent: To: Subject:

[email protected] Sunday, January 25, 2015 1:43 PM @NBC Uni UM DFW On The Site Viewer E-mail -www.nbcdfw.com - Us (On Air or Online) - Bad reporting

From : Elizabeth Email Address: [email protected] Message: I am extreme ly unimpressed with the horrible reporting by at least one of your employees. I recently read an article by Scott Gordon about t he dispute between the photographer and her clients' wedding photography. I understand that it is impossible to report without some sort of bias, but to so completely misrepresent facts is deplorable . it didn't take long to check each side of this story, and from what I ca n tell this photographer could sue those clients and your station for defamation of character. I expect a higher standard of reporting from thi s station and I am disgusted by what I have found . You have lost a viewer. I hope you can make this situation right with the photographer. Good luck.

STATION0022

From:

Sent: To: Subject:

[email protected] Wednesday, January 21, 20152:41 PM @NBC Uni UM DFW On The Site Viewer E-mail - www.nbcdfw.com . Us (On Air or Online) • Dallas newly we ds article from l/16/15

From : Meg Email Address: [email protected] Message : It's a shame your reporter failed to Include the photographers side of the story. It's also a shame that you wou ld publish such an article. This client was clearly acting like a child when ali the information about her album and photographs were discussed with her multiple times. Photography is not a hobby for some people, especially smali businesses. It's a lively good and sometimes can be a pe rsons on ly source of Income. To aid a person in completely degrading a women's busine ss is disgusting. At the end of the day you know this brat of a woman w ill get her photos and her money back and the phot

STATION0023

From: Sent: To: Subject:

[email protected] Wednesday, January 21, 2015 2:44 PM @NBC Uni UM DFW On The Site Viewer E-mail - www.nbcdfw.com - Us (On Air or Online) - Dallas newly weds article from 1/16/ 15

From: Meg Emai l Address: [email protected] Message: It's a shame your reporter failed to include the photographers side of the story . It's also a shame that you would publish such an article . This client was clearly acting like a chi ld when all the information about her album and photographs were discussed with her multiple times. Photography Is not a hobby for some people, especially small businesses. It's a career and sometimes can be a persons only source of income. To aid a person in completely degrading a women's business is disgusting. At the end of the day you know this brat of a woman will get her photos and her money back and t he photographer will have to pray the integrity of her company isn' t completely compromised . One bad review can ruin a company and if it's not justified t hen it's complete ly rid iculous. I hope you reco nsider this article or fo llow up in the photographers defense .

ST ATION0024

From:

Sent: To:

Subject:

[email protected] Tuesday, January 27, 2015 8:19 PM @NBC Uni UM DFW On The Site Viewer E-mail -www. nbcdfw.com - Us (On Air or Online) - Investigative Report... More like one sided story

From: CRice Email Address: [email protected] Message: You shou ld really do an actual investigative report on the complaint against the Photographer vs a one sided story. Absolutely terrible that journalism now equals listening to a squeaky wheel and ruining a persons business. I did not anything in your story that indicated your team read the contract, nor that your gave the photographer an accurate chance to respond. You have accusations on one side and no proof of them.

see

Sma ll businesses are hard enough to ruin without the media helping in ruining their reputation without any chance of defending yourself. This small business is now being ripped apart by people who have never even used their services because of your story. Also a bride who was really looking at a reso lution or just for her images wouldn't be posting such hateful things on social media. None of this should eq ual death threats and using phrases like "ruining them". That doesn't not equal a bride just wanting her images. It equals a bully that you have just give wide attention to. Sad . Your station will probably not reply to thiS, but I sincerely hope you all consider really investigating next time vs this type of reporting. And to be clear, I do not know this photograph er nor have I ever used her services. As someone working in the small business world It is terrible to see someone railroaded by untrue facts and not the complete story.

STATlON0025

From:

Sent: To:

Subject:

[email protected] Wednesday, January 21, 201S 2:22 PM @NBC Uni UM DFW On The Site Viewer E- mail -www.nbcdfw.com - Us (On Air or Online) being presented as facts

Misinformation

From : Mimi Kadubec Email Address: [email protected] Message: Your piece "Newlyweds Upset About Wedding Photographer's "Cover" Charge" by Scott Gordon Is misleading and incorrect, I request that you update and correct the story by actually reporting the photographer's side and contract. http ://www .blogpolito .com/?p: 5757

STATION0026

From:

Sent: To:

Subject:

[email protected] Monday, April 13, 2015 5:25 PM @NBC Uni LIM DFW On The Site Viewer E-mail - www.nbcdfw.com - Us (On Air or Online) - NBC owes this person an apology

From: Patrick Anenen Email Address: [email protected] Message: Seriously, why wou ld you try to ruin someone by airing two con artist's lies? Where's the retraction and apology? http : Upetapi ~el.com!2015!04!13!photographer-files- l - mlllion -defamation-suit-against-couple-after-a l bum· cover­

fracas!

STATION0027

From:

Sent: To: Subject:

tforswall@sbcg lobal.net Wednesday, January 21, 2015 11:32 AM @NBC Uni UM DFW On The Site Viewer E-mail - www.nbcdfw.com - - Couple Trashing Photographer

From: Toi Forswall Email Address: [email protected] Message: I am writing because I want to know when a FORMAL apology will be given ON AIR from NBCNews5 and Brian Curtis for the "investigative report" he gave last week from the Mo ldovan's? The story was so far opinionated toward the couple and absolutely NO effort made to the "facts" this couple la id out. Do you, or anyone at your newsroom, not realize what the story did to the photographerjQuery16407 173253931625902_1421868261230 She has received death threats, Neely (the bride) husband going on Twitter and IG saying she had AIDS, etc.? Do you even care??? And Just so you know (or probably don't know), the bride had to disable her blog (A Complete Wa ste of Makeup) after the Open Letter was published . Also, since the bride is such a socia l media "authority", I find it extremely unnerving that this story just happened to be broadcast the week before the national blogger's convention. Quite obviously, the bride thought this would boost her ratings very high and she would be commended at the convention. She actually sa id it on her blog or Twitter acct ., but when someone questioned her about it, she deleted her comment and the person who asked the question. Here are some links to various things that SHOULD have been investigated by your news crew and especially Brian Curtis BEFORE the story aired, because now, it's too late for the photographer to recover from this. It will be years before she recovers from it. Are you not worried about liable cases, defamation, loss of Income, etc, this photographer now has that she is ready to file against your company, the couple, and several other entit ies who took this biased story and ran with it? This "story" was printed in the newspaper in t he U.K.I !! I How can you even call yourself an ethical news station? Really? I'd like to know. And again, I ask (along with all of the DFW photographers who know and work with Andrea Polito), when will an ON AIR statement of apology be issued? And it needs to be issued at each broadcast for the entire day so that the remainder of the community who may only listen to the news one t ime a day wi ll also see it, Here are some of the interesting links that show the character of thi s couple. And you should pay extra attention to the Open Le tter issued by Andrea Polito and her attorneys (the first link). http ://www.blogpolito .com/ https:!Iwww.facebook.com/don nie,brown .7 3?fref: ts

STATION0028

From:

Sent: To:

Subject:

tforswall@sbcgloba l.net Wednesday, January 21, 2015 11:28 AM @N8C Uni UM DFW On The Site Viewe r E-mai l -www.nbcdfw.com - - Couple Trashing Photographer

From : Toi Forswall Email Address : [email protected] Message: I am writing because I want to know when a FORMAL apology will be given ON AIR from NBCNewsS and Brian Curtis for the "investigative report" he gave last week from the Moldovan's? The story was so far opinionated toward the couple and absolutely NO effort made to the "facts" this couple laid out. Do you, or anyone at your newsroom, not realize what the story did to the photographerjQuery164029446280709604044_1421865143478 She has received death threats, Neely (the bride) husband going on Twitter and IG saying she had AIDS, etc.? Do you even care??? And just so you know (or probably don't know), the bride had to disable her blog (A Complete Waste of Makeup) after the Open Letter was published . Also, since the bride is such a social media "authority", I find it extremely unnerving that this story just happened to be broadcast th e week before the national blogger's convention. Quite obviously, the bride thought this would boost her ratings very high and she would be commended at the convention . She actually said it on her blog or Twitter acct., but when someone questioned her about It, she deleted her comment and the person who asked the question. Here are some links to various things that SHOULD have been investigated by your news crew and especia lly Brian Curtis BEFORE the story aired, because now, it's too late for the photographer to recover from this. It will be years before she recovers from it. Are you not worried about liable cases, defamation, loss of income, etc. this photographer now has that she is ready to file against your company, the couple, and several other entities who took this biased story and ran with it? This "story" was printed in the newspaper in the U,K,!!!! How can you even call yourself an ethical news station? Really? I'd like to know. And again, I ask (along with all of the DFW photographers who know and work with Andrea Polito), when will an ON AIR statement of apology be issued ? And It needs to be issued at each broadcast for the entire day so that the remainder of the community who may only listen to the news one time a day will also see it. Here are some of the Interesting links that show the character of this coup le. And you should pay extra attention to the Open Letter issued by Andrea Polito and her attorneys (the first link). http://www.blogpolito.com/ h ttps://www.facebook .com/donnie.brown.73 ?fref=ts

STATION0029

From: Sent: To: Subject:

[email protected] Wednesday, January 21, 2015 11:2B AM @NBC Uni UM DFW On The Site Viewer E-mail - www.nbcdfw.com -

Couple Trashing Photographer

From: Toi Forswall Email Address: [email protected] Message: I am writing because I want to know when a FORMAL apology will be given ON AIR from NBCNewsS and Brian Curtis for the "investigative report" he gave last week from the Moldovan's? The story was so far opinionated toward the couple and absolutely NO effort made to the " facts" this couple laid out. Do you, or anyone at your newsroom, not realize what the story did to the photographerjQuery164029446280709604044_142186S14347S She has received death threats, Neely Ithe bride) husband going on Twitter and IG saying she had AIDS, etc.? Do you even care??? And just so you know l or probably don't know), the bride had to disable her blog IA Complete Waste of Makeup) after the Open Letter was published. Also, since the bride is such a socia l media "authority", I find it extremely unnerving that this story just happened to be broadcast the week before th e national blogger's convention . Quite obviously, the bride thought this would boost her ratings very high and she would be commended at the convention. She actually said it on her blog or Twitter acct., but when someone questioned her about it, she deleted her comment and the person who asked the question. Here are some links to various things that SHOULD have been investigated by your news crew and especially Brian Curtis BEFORE th e story aired, because now, it's too late for the photographer to recover from this. It will be years before she recovers from It. Are you not worried about liable cases, defamation, loss of income, etc . this photographer now has that she is ready to file against your company, the couple, and severa l other entities who took this biased story and ran with it? This "story" was printed in the newspaper in the U.K.!!!! How can you even call yourself an ethical news station? Really? I'd like to know. And again, I ask lalong with all of the DFW photographers who know and work with Andrea Polito), when will an ON AIR statement of apology be issued? And it needs to be Issued at each broadcast for the entire day so that the remainder of the community who may only listen to the news one time a day will also see it. Here are some of the interesting links th at show the character of t his couple. And you shou ld pay extra attention to the Open Letter issued by Andrea Polito and her attorneys Ithe first link). http://www.blogpolito .com/ https:llwww.facebook .com/donnie .brown .737fref=ts

STATION0030

From:

Sent: To: Subject:

[email protected] Wednesday, January 21, 2015 3:20 PM @NBC Uni UM DFW On The Site Viewer E-mail - www.nbcdfw.com - - Couple Trashing Photographer

From: Toi Forswall Email Address: [email protected] Message : I am writing because I want to know when a FORMAL apology will be given ON AIR from NBCNewsS and Brian Curtis for the "investigative report" he gave last week from the Moldovan's? The story was so far opinionated toward the couple and absolute ly NO effort made to the "facts" th is couple la id out. Do you, or anyone at your newsroom, not realize what the story did to the photographerjQuery1640023029808906985916_1421869089254 She has received death threats, Neely (the bride) husband going on Twitter and IG saying she had AIDS, etc.? Do you even care??? And just so you know (or probably don't know). the bride had to disable her blog (A Complete Waste of Makeup) after the Open Letter was published . Also, since the bride is such a social media "authority", I find it extremely unnerving th at this story just happened to be broadcast the week before the national blogger's convention . Quite obviously, the bride thought this would boost her ratings very high and she would be commended at the convention. She actually said it on her blog or Twitter acct., but when someone questioned her about it, she deleted her comment and the person who asked the question Here are some links to various things that SHOULD have been Investigated by your news crew and especially Brian Curtis BEFORE the story aired, because now, it's too late for the photographer to recover from this. It wil l be years before she recovers from it . Are you not worried about liable cases, defamation, loss of income, etc. this photographer now has that she is ready to file against your company, the couple, and several other entities who took this biased story and ran with it? This "story" was printed in the newspaper in the U.K.!!!! How can you even call yourself an ethical news station? Really? I'd like to know. And again, I ask (along with all of the DFW photographers who know and work with Andrea Polito). when will an ON AIR statement of apology be issued? And it needs to be issued at each broadcast for the entire day so that the remainder of the community who may only listen to the news one time a day will also see it. Here are some of the interesting links that show the character of this couple. And you should pay extra attention to the Open Letter issued by Andrea Polito and her attorneys (the first link) . http ://www.blogpolito .com/ https:/Iwww.facebook .com/do nn ie .brown .7 3 7fref: ts

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[email protected] Friday, January 23, 2015 12:45 PM @NBC Uni UM DFW On The Site Viewer E-mail - www.nbcdfw.com - - Investigations - social shaming

From: Caroline Email Address: carocampeau@hotma il.com Message: Hil " Investigations Newlyweds upset About Wedding Photographer's "Cover" Charge Couple says they paid for album, but ?cover7 is extra" I Have to let you know, I find it very low t hat you promote "social shame" in your news. It is very easy to screw someone's buisness over a 2 min . "investigation" . You Know that photography buisness like the one you are "reporting" on, relies a small team and good reputation . Allowing so much time on a bradzilla, without even a fair share of your report, allowing the photographer to show her own side of th e story is kind of cheap from you. Its deceiving and unproffessionnal. Its kind of easy to rea lise that the only one gaining profit from that is the bride herself.

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[email protected] Thursday, January 22, 2015 12:14 PM @NBC Uni UM DFW On The Site Viewer E-mail - www.nbcdfw.com - - Update on Wedding Photographer Story

From: Mandy Lackey Email Address: mandybethlackey@gmail .com Message: It seems that there has been new information that has surfaced in response to the story about the couple that was upset with their wedding photographer over the cover charge of their album. Will you please consider airing a follow up to the story to include pertinent details? It seems that the photographer had offered the couple the cover for free before the interview was shot and that she has been misrepresented . I would hate to see this professional's business permanently damaged when she did what she could to serve her clients when she found out they were upset. loriginal story: http ://www.nbcdfw.com/investigations/Newlyweds-Upset-About-Wedding-Photographers-CoverCharge-288900361.html?fb action ids; 10205871705456613

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hassml @hotmail.com Wednesday, January 21, 2015 10:29 AM @NBC Uni LIM DFW On The Site Viewer E-mail · www.nbcdfw.com • · Wedding photographer "investigative" report

From: Mirlah Crawley Email Address: [email protected] Message : You should be appalled and issue an on air apology to photographer Andrea Polito for you lack of investigation into this story. There are two sides and apparently you planned on only getting one and trying to ruin a reputable photographers business. If you had done some fact checking, looked at customer reviews, ed the photographer, maybe you would have decided to not run this story you should be ashamed of yourselves!

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[email protected] Wednesday, January 21, 2015 10:47 AM @NBC Uni UM DFW On The Site Viewer E-mail - www.nbcdfw.co m - - Wedding Photography "Cover" Story

From : Jay Malonson Email Add ress: [email protected] Message : That January 16th "investigative" piece you did about Wedding Photographer Andrea Polito was completely one sided and unfair. By blindly (and then virally, I live in Maryland) forwarding a disgruntled client's agenda, both on air and online, NBC 5 may have ruined the photographers reputation and business over a $150 charge. Have you looked at the virulent comments that story created? How's a business named after that person supposed to recover from that? Short of an on air apology and retraction, or actually giving Polito a chance to defend herse lf there's nothing you can do to make it up to that small business owner. I'm a wedding photographer and by the nature of this story makes earning a living even more difficult for all of us . I'm also a former member of the news media, (I worked as a newspaper photographer in New England for 8 years before I began shooting weddings) and this story is an embarrassing reminder of everything that's wrong with loca l TV. I know you 're in a hurry, I get it, but set the bar higher for yourself You didn't have both sides of the story. Please respond to these comments to the email addressbelow. as l am planning on forwarding my complaints to your network and t hen to your network's parent company . jaymalonson@hotmall .com

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mturnerjazz@ gmail.com Wednesday, January 28, 2015 8:22 PM @NBC Uni UM DFW Public Relations Viewer E-mail - www.nbcdfw.com - pr - re your response to a complaint

From : Michael Turner Email Address : [email protected] Message : Thank you for your email reply to all of us who complained . I feel I should point out that there was not a "coordinated " campaign. It's not just photographers that were complaining, It was small business owners/self-employed people who were extremely concerned at the one sided reporting, and the consequences of said actions. There Is a growing number of people extremely bothered by internet shaming without the proper evidence of wrongdoing. People's businesses get ruined off of one or two anonymous negative internet reviews regardless of whether founded or not. The damage can be much worse than if there was to be a civil court involved . So people saw the one ' closing' line of her email in your story and none of the other points she made addressing some of the controversy. While you or the station may feel that Polito may have not answered key questions, there shouldn't be any surprise that there was some backlash that felt there was not much attempt to cover the photographer's side. Whether that was due to someone deciding that the rest of the email was irrelevant, that she was guilty regardless of what was being said, or that someone was lashing out beca use she was iunderstandably) leery of talking to media, things would have looked much better and caused a scene had there been a better effort at two sided reporting. As to the unfair comments about whether things were included in the contract-- you above all people should know that in a dearth of information, people will create/find something to fill the gaps. Had Andrea's initial email response to the station, which got ed around, been reported more than one vague closing sentence, people might not have had to go with what th ey read on the internet. Additionally concerning is that while you can blame comments on one side as a "very well-organized campaign, unique in scope", which I personally find either paranoid, or flat out disingenuous, when there was first a large number of negative, defamatory, and threatening comments and posts directed towards the photographer, some of which were allegedly ed by the Moldevans. While one can go with their claim that the "likes" on offensive, mis-leading and threatening posts was a conspiracy to frame the Moldevans, It is also quite possible that the more simpler alternative Is that the bride was trying to start a huge controversy for any number of reason s, several of which have already been suggested . While a conclusion would be hard to draw for either way based on what is floating around, why would you once again stick to your guns, and defend your position instead of at least attempting to look impartial and not take a side? impartial journalism? Decent ratings, though, I'm sure . Disa ppointing. Sincerely, --MT

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EXHIBIT D ·1· · · · · · · · · · · NO. DC-15-00660 ·2· · · ·3· · · ·4· · · ·5· · · ·6· · · ·7·

ANDREA POLITO AND ANDREA· ·*· IN THE DISTRICT COURT POLITO PHOTOGRAPHY, INC.· ·* · · · · · · · · · · · · · ·* · · · · · · · · · · · · · ·* VS· · · · · · · · · · · · ·*· DALLAS COUNTY, TEXAS · · · · · · · · · · · · · ·* · · · · · · · · · · · · · ·* SEEKING THE DEPOSITIONS OF * NEELY MOLDOVAN, ANDREW· · ·* MOLDOVAN AND WASTE OF· · · * MAKEUP MEDIA, LLC· · · · · *· 134TH JUDICIAL DISTRICT

·8 ·9 10 11 · · · · · · · · · · · · · VIDEOTAPED 12 · · · · · · · · ·DEPOSITION OF ANDREW MOLDOVAN 13 · · · · · · · · · · · · ·MARCH 3, 2015 14 15 16· · · · · ·DEPOSITION OF ANDREW MOLDOVAN, produced as a 17· witness in the instance of the Petitioner and duly 18· sworn, was taken in the above-styled and -numbered 19· cause on the 3rd day of March, 2015, from 4:46 p.m. to 20· 7:21 p.m., before Deborah A. Copeland, a Certified 21· Shorthand Reporter in and for the State of Texas, 22· reported by machine shorthand, at the offices of 23· Gruber Hurst Johansen Hail Shank, 1445 Ross Avenue, 24· City of Dallas, County of Dallas, State of Texas, 25· pursuant to the Texas Rules of Civil Procedure.

ANDREW MOLDOVAN - 03/03/2015 Page 2 ·1· · · · · · · · · ·A P P E A R A N C E S ·2· FOR THE PETITIONER ·3· · · ·4· · · ·5· · · ·6· ·7 · · ·8 · · ·9· · · 10· · · 11·

· · · · · · ·

· · · · · · ·

· · · · · · ·

· · · · · · ·

·MR. DAVID F. WISHNEW ·MS. CHRISTINA MULLEN ·Gruber Hurst Johansen Hail Shank, LLP ·1445 Ross Avenue, Suite 2500 ·Dallas, Texas· 75202 ·214.855.6800 ·[email protected]

FOR THE RESPONDENT · · · · · ·

· · · · · ·

· · · · · ·

· · · · · ·

·MR. WALTER A. BOYD, III ·The Law Offices of Walter A. Boyd, III ·4918 Milam Street ·Houston, Texas· 77006 ·713.869.1200 ·[email protected]

12 · · ALSO PRESENT:· Jason Warner, Videographer 13· · · · · · · · ·Andrea Polito · · · · · · · · · ·Neely Moldovan 14 15 16 17 18 19 20 21 22 23 24 25

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ANDREW MOLDOVAN - 03/03/2015 Page 8

·1· · · Q· · Great.· And if I say Chaney, you'll know I'm ·2· speaking of Chaney Haralson, an employee of APP, ·3· correct? ·4· · · A· · Yes. ·5· · · Q· · Great.· All right.· Where did you go to ·6· college? ·7· · · A· · SMU, Southern Methodist University. ·8· · · Q· · What is your degree? ·9· · · A· · Computer engineering. 10· · · Q· · When did you graduate from SMU? 11· · · A· · In 2007. 12· · · Q· · Do you have any graduate degrees? 13· · · A· · Yes, I do. 14· · · Q· · What school did you go to for your graduate 15· degree? 16· · · A· · Southern Methodist University. 17· · · Q· · What is your graduate degree? 18· · · A· · Security engineering. 19· · · Q· · When did you receive that degree? 20· · · A· · 2008. 21· · · Q· · Did you work between getting your 22· undergraduate degree and your graduate degree? 23· · · A· · I worked while I was getting my graduate 24· degree. 25· · · Q· · And what company did you work for while

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ANDREW MOLDOVAN - 03/03/2015 Page 11

·1· · · A· · I lived in San Bruno, California. ·2· · · Q· · So November 11th -- November 2011 to October ·3· 2012 you lived in San Bruno, California? ·4· · · A· · Can you repeat that, please? ·5· · · Q· · Yes.· I believe you previously testified that ·6· you worked for Google from November of 2011 to October ·7· 2012, correct? ·8· · · A· · As best as I can recall, yes. ·9· · · Q· · And my question was, so during the time you 10· worked for Google, November 2011 to October 2012, you 11· lived in San Bruno, California? 12· · · A· · Yes. 13· · · Q· · And so you moved back to Texas when? 14· · · A· · Either October or November of 2012.· I can't 15· recall the exact date.· I think the end of October. 16· · · Q· · Okay.· So it's safe to say you're pretty 17· computer savvy, right? 18· · · A· · Sure. 19· · · Q· · You're familiar with what an IP address is? 20· · · A· · Yes. 21· · · Q· · Right.· And would you know how to change an 22· IP address? 23· · · · · · · · MR. BOYD:· Objection.· Form. 24· · · A· · I have taken training classes on faking 25· things online.· I have had lectures that they present,

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ANDREW MOLDOVAN - 03/03/2015 Page 12

·1· you know, hacking and other malicious things and what ·2· can be done to prevent them.· And those trainings were ·3· to protect the company I was working for, which was ·4· the Federal Reserve. ·5· · · · · · · · (Exhibit 72 marked.) ·6· · · Q· · (By Mr. Wishnew)· Okay.· Exhibit 72, this was ·7· a document produced by your counsel.· Can you tell me ·8· what it is? ·9· · · A· · It is an SMS conversation with a friend of 10· mine. 11· · · Q· · At the bottom of it on this first page, 12· MOL 809, dated January 20th, 2015, at 3:49 p.m., you 13· said, Yeah, people are attacking Neely online.· I'm 14· watching her social media s to delete them. 15· · · · · · · · Can you explain how you were deleting 16· things from social media s? 17· · · A· · She was not always available at her computer. 18· In addition, the comments were harassing and very 19· negative towards Neely, and she was very upset.· So I 20· was trying to reduce her exposure to the comments.· So 21· I was removing negative comments that people were 22· saying about her. 23· · · Q· · Okay.· But my question is more of as a 24· computer savvy individual, how were you doing it?· How 25· physically were you removing them?

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ANDREW MOLDOVAN - 03/03/2015 Page 19

·1· they wrote about, and I'm having some issues and I was ·2· asking Ashley, since she knows social media more than ·3· me, if I'm doing something wrong. ·4· · · Q· · Can you tell me where the rest of this ·5· document is?· It says Pages 25 of 44, but there appear ·6· to be pages missing. ·7· · · A· · I'm seeing -- here's 42 of 44. ·8· · · · · · · · MR. BOYD:· Here's 23 and 24. ·9· · · A· · So maybe you have them in the wrong order. 10· · · Q· · (By Mr. Wishnew)· When -- actually, before we 11· do that, let me ask one more question. 12· · · · · · · · If you'll go to the third page of this 13· document, which is MOL 813 -- excuse me.· MOL -- it 14· says 29 of 44 on the left-hand side. 15· · · A· · 815. 16· · · Q· · 815.· Excuse me.· At the bottom of the page 17· at Wednesday, January 21st at 4:39 p.m., it says -18· you write to Ashley Ousley -- let me start again. 19· Sorry. 20· · · · · · · · If you go down to the bottom of the 21· first page, Page 25 of 44, you say -- she said, Yeah. 22· It makes me sick too.· Did you see what Andrea Polito 23· wrote on her b response to all of this?· And you 24· said to Ashley Ousley, Yeah.· It sounds all 25· professional, but it's all lies.· Do you see that?

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ANDREW MOLDOVAN - 03/03/2015 Page 20

·1· · · A· · I do. ·2· · · Q· · And is it your testimony that the letter that ·3· Andrea Polito posted on her blog is all lies? ·4· · · A· · I felt that there were parts of her blog post ·5· that were not truthful. ·6· · · · · · · · (Exhibit 75 marked.) ·7· · · Q· · I'll show you what's going to be marked as ·8· Exhibit 75.· I'll represent to you that this is the ·9· open letter on Andrea Polito's blog.· Okay.

I

10· encourage you to read it, because I'd like to you ask 11· you -- what I'm going to ask you, you said it's all 12· lies.· I want you to tell me what are lies.· Okay.· So 13· go ahead and read it and tell me what the lies are. 14· · · A· · She said she could count on her two hands how 15· many real issues.· We have had several people come 16· forward, so -17· · · Q· · Let me ask you about that. 18· · · · · · · · MR. BOYD:· I'm going to object.· Let him 19· finish.· He was still answering. 20· · · Q· · (By Mr. Wishnew)· Sorry.· I didn't realize 21· you were still talking.· My fault.· Go ahead. 22· · · A· · So based on the counting that I've done and 23· how many people who know other people, I feel that -24· this is limited to 10, and I feel that it very well 25· was more than 10.

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ANDREW MOLDOVAN - 03/03/2015 Page 43

·1· · · Q· · So Chaney was offering to provide you the ·2· disk before the time provided in the contract, right? ·3· · · A· · That is correct. ·4· · · Q· · So would you agree with me that APP was ·5· trying to make a concession to provide good customer ·6· service? ·7· · · · · · · · MR. BOYD:· Objection.· Form. ·8· · · A· · I would have to see my E-mail to Chaney to ·9· see what I was asking for. 10· · · · · · · · MR. WISHNEW:· Let's take five minutes 11· real quick. 12· · · · · · · · MR. BOYD:· Okay. 13· · · · · · · · THE VIDEOGRAPHER:· 5:50.· Off the 14· record. 15· · · · · · · · (Recess taken from 5:50 to 6:00.) 16· · · · · · · · THE VIDEOGRAPHER:· 6:00 is the time.· On 17· the record. 18· · · Q· · (By Mr. Wishnew)· Before we went to break, 19· you said that you would need to see the December 29th 20· E-mail that you sent to Chaney.· And so I'm going to 21· show you what's, I believe in your stack, is marked as 22· Exhibit 26, please. 23· · · A· · Okay. 24· · · Q· · Okay.· Now, you've read the contract today, 25· right?

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ANDREW MOLDOVAN - 03/03/2015 Page 44

·1· · · A· · Not the entire contract. ·2· · · Q· · Well, the part that said that the wedding day ·3· images without watermarks would be provided upon ·4· delivery of the final album, right? ·5· · · A· · It says wedding date negatives. ·6· · · Q· · Right.· And then we looked at the frequently ·7· asked questions of Exhibit 7 that describes what ·8· wedding day negatives are, right? ·9· · · A· · Yes. 10· · · Q· · All right.· So today you're clear what 11· wedding day negatives are, right? 12· · · A· · Today I am. 13· · · Q· · And as of December 29th, had you not read 14· Exhibit 7? 15· · · A· · I don't know. 16· · · Q· · Okay.· So you asked, Is there a reason why we 17· cannot receive the high-resolution unwatermarked 18· picture before the album is ready for pickup.· Now, 19· sitting here today, you know, your contract states 20· when that disk would be available, right? 21· · · A· · With all the documents I have, yes, it does 22· state that. 23· · · Q· · Right.· So you wouldn't have received your 24· wedding disk until delivery of the album, right? 25· · · · · · · · MR. BOYD:· Objection.· Form.

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ANDREW MOLDOVAN - 03/03/2015 Page 45

·1· · · A· · Which wedding disk? ·2· · · Q· · (By Mr. Wishnew)· The disk of high-resolution ·3· unwatermarked pictures. ·4· · · A· · Until when? ·5· · · Q· · When would you have received it pursuant to ·6· your contract? ·7· · · A· · After the album had been delivered. ·8· · · Q· · Right.· And so is the answer to why you ·9· cannot receive the high-resolution unwatermarked 10· pictures before the album is ready for pickup because 11· it was stated in your contract? 12· · · A· · That would be the only reason, yes. 13· · · Q· · Okay.· So then going back to the E-mail, the 14· December 30th E-mail that we were just looking at, 15· Exhibit 27, where Chaney, again, sent another copy of 16· the welcome packet, that's when Chaney offered to 17· provide you the disk of unwatermarked images of your 18· wedding day early, right? 19· · · A· · Yes. 20· · · Q· · And in this -- anywhere in this E-mail is 21· Chaney refusing to provide you your wedding day 22· unwatermarked pictures? 23· · · A· · In which E-mail? 24· · · · · · · · MR. BOYD:· Objection.· Form. 25· · · Q· · (By Mr. Wishnew)· In the E-mail -- the

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ANDREW MOLDOVAN - 03/03/2015 Page 47

·1· · · · · · · · MR. BOYD:· Objection.· Form. ·2· · · A· · That they were demanding additional money ·3· outside of the contract until we could get them. ·4· · · Q· · (By Mr. Wishnew)· Okay.· And so the solution ·5· you wanted was to go to the news media? ·6· · · · · · · · MR. BOYD:· Objection.· Form. ·7· · · A· · I felt that the media has helped people in ·8· issues and it would be a way where the media could ·9· reach out to the photographer and try to resolve our 10· issue. 11· · · Q· · (By Mr. Wishnew)· Did you try to reach out to 12· the photographer and resolve the issue? 13· · · A· · I reached out to the -- to APP, yes. 14· · · Q· · Yes.· And did you ever -- did you 15· ever phone Andrea, pick up the phone and call her and 16· ask to talk to her about this? 17· · · A· · She never gave me her number. 18· · · Q· · Could you have found her number if you had 19· wanted to? 20· · · · · · · · MR. BOYD:· Objection.· Form. 21· · · A· · No. 22· · · Q· · (By Mr. Wishnew)· Okay.· Did you consider any 23· other ways to resolve what you considered to be a 24· disagreement between you and APP? 25· · · · · · · · MR. BOYD:· Objection.· Form.

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ANDREW MOLDOVAN - 03/03/2015 Page 48

·1· · · A· · There are other ways, such as small claims, ·2· but I know that they are not always going to get you ·3· the results that you want.· Just because you win in ·4· small claims doesn't mean that you're going to get ·5· what you are requesting, and it would just be even ·6· more time.· So I felt, at that time, the easiest ·7· solution would be to have NBC or any media outlet help ·8· us.· We really wanted our pictures. ·9· · · Q· · And you also wanted the attention from a news 10· story, didn't you? 11· · · · · · · · MR. BOYD:· Objection.· Form. 12· · · A· · I didn't -- never said that. 13· · · Q· · (By Mr. Wishnew)· I'm asking you.· Did you 14· want the attention of going on the news with your 15· story? 16· · · A· · No. 17· · · Q· · If you'll -- you said you could go to small 18· claims, but small claims couldn't get you the relief 19· you wanted.· Is that a fair characterization of your 20· testimony? 21· · · · · · · · MR. BOYD:· Objection.· Form. 22· · · A· · I'm not a lawyer, so I don't know everything 23· about small claims.· But from what I've read, even if 24· you are -- even if you win a small claims lawsuit, you 25· still have to pursue getting what you were seeking.

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ANDREW MOLDOVAN - 03/03/2015 Page 49

·1· · · Q· · (By Mr. Wishnew)· So, I guess, what were ·2· you -- what are you -- what do you believe you were ·3· seeking that small claims couldn't get you? ·4· · · A· · I wanted the high-resolution unwatermarked ·5· pictures.· And from what I have read and my limited ·6· experience with small claims court, I have read that ·7· just because the verdict is in your favor doesn't mean ·8· that you always immediately get the thing that you're ·9· asking.· It is, at times, your responsibility then to 10· pursue obtaining that.· And in small claims court, 11· they do not just force the defendant to pay or hand 12· over something to the plaintiff. 13· · · Q· · Did you believe going to the media was your 14· only alternative? 15· · · A· · I don't know. 16· · · Q· · Did you consider any other alternatives other 17· than going to the media with your story? 18· · · · · · · · MR. BOYD:· Objection.· Form. 19· · · A· · I don't recall. 20· · · Q· · (By Mr. Wishnew)· If you'll turn to 21· Exhibits 42 through 45. 22· · · A· · Sorry?· What numbers again? 23· · · Q· · Exhibits 42, 43, 44 and 45.· Let's start with 24· 42. 25· · · · · · · · So the evening of January 12th you

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ANDREW MOLDOVAN - 03/03/2015 Page 50

·1· decide you would start reaching out to s in the ·2· media; is that correct? ·3· · · A· · It would appear so. ·4· · · Q· · And it's your testimony today that it was ·5· only your decision and that Neely did not want to go ·6· to the media? ·7· · · · · · · · MR. BOYD:· Objection.· Form. ·8· · · A· · I'm not saying that. ·9· · · Q· · (By Mr. Wishnew)· Did your wife tell you that 10· she also wanted to go to the media? 11· · · A· · I don't recall what her opinion was on that. 12· · · Q· · Do you recall whether you asked her opinion 13· on whether she would like to go to the media? 14· · · A· · I don't recall. 15· · · Q· · Let's look at 42.· Is it fair to say that you 16· sent several E-mails to different people in the news 17· media asking them to pick up your story? 18· · · A· · I would not say that.· I would say I was 19· asking for help to get our wedding pictures. 20· · · Q· · And by help, you mean, running your story in 21· a media outlet, right? 22· · · · · · · · MR. BOYD:· Objection.· Form. 23· · · A· · Not necessarily. 24· · · Q· · (By Mr. Wishnew)· How would a news media help 25· you if they did not run your story in the media?

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·1· · · A· · They could talk to the other person and try ·2· to work things out to avoid putting that story in the ·3· public. ·4· · · Q· · And so before Scott Gordon came to your house ·5· for an interview, did you ask Scott to go talk to ·6· Andrea and see if you could resolve it without the ·7· need to go on TV? ·8· · · A· · I don't recall the exact conversation, but we ·9· did ask him if he had reached out to Andrea Polito, 10· and he said that I think he tried to communicate and 11· he was going to go over to the APP studio as well. 12· · · Q· · Did you ever say, Scott, if you're able to 13· get in touch with Andrea and we can resolve this, I 14· don't want our story on the news? 15· · · · · · · · MR. BOYD:· Objection.· Form. 16· · · A· · I don't recall. 17· · · Q· · (By Mr. Wishnew)· Did you ever say anything 18· similar to requesting that Scott not run your story if 19· you were able to get a resolution without it going 20· public? 21· · · A· · I don't recall. 22· · · Q· · Let's look at that first E-mail, 42.· Is it 23· fair to say that you sent substantially the same 24· E-mail to multiple s in the media? 25· · · A· · Very similar E-mails, yes.

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·1· · · Q· · In response to an E-mail? ·2· · · A· · Yes. ·3· · · Q· · Okay.· I'm just asking if there's any other ·4· media people that you ed that's not represented ·5· in those four documents? ·6· · · A· · To the best of my knowledge, this would be ·7· all of them. ·8· · · Q· · Okay.· Now, is it true that at this time when ·9· you were ing these media people, that you 10· wanted to ruin APP's business? 11· · · · · · · · MR. BOYD:· Objection.· Form. 12· · · A· · That is not true. 13· · · Q· · (By Mr. Wishnew)· Not true.· Did you 14· Inside Edition for your story? 15· · · A· · No. 16· · · Q· · Did Inside Edition you? 17· · · A· · Yes. 18· · · Q· · Before the first story ran or after? 19· · · A· · After. 20· · · · · · · · (Exhibit 76 marked.) 21· · · Q· · 76.· 76 with the Bates stamp MOL 102 is an 22· E-mail between you and your friends, right? 23· · · A· · And my wife, yes. 24· · · Q· · And the subject is Shit's going down, four 25· exclamation points, right?

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·1· · · A· · Yes. ·2· · · Q· · If you go to the second page, it says, ·3· Thankfully -- this is your friend Matt saying, ·4· Thankfully Neely is savvy with social media and all ·5· and can broadcast this dispute to seriously damage ·6· this photographer's reputation.· I'd link this on ·7· every website and Facebook page that you guys have and ·8· seriously hope to ruin her reputation.· Do you see ·9· that? 10· · · A· · I see that. 11· · · Q· · And did you respond to him saying you're not 12· out to damage her reputation? 13· · · A· · I did not respond to him at all. 14· · · Q· · Were you, by saying Shit's going down, were 15· you bragging about the story? 16· · · A· · I don't know what I was doing. 17· · · Q· · Were you proud that the story was going down? 18· · · A· · I don't know. 19· · · Q· · Did you want to go, quote, ape shit on the 20· photographer? 21· · · · · · · · MR. BOYD:· Objection.· Form. 22· · · A· · Not that I recall. 23· · · · · · · · (Exhibit 77 marked.) 24· · · Q· · Exhibit 77.· This is a text message string 25· between you and Shawn Hayward, correct?

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ANDREW MOLDOVAN - 03/03/2015 Page 56

·1· · · A· · It is a Google Hangout chat. ·2· · · Q· · Okay.· And the first sentence you say, I'm ·3· going ape shit on our photographer.· Do you see that? ·4· · · A· · I do. ·5· · · · · · · · MR. BOYD:· Where are you looking at? ·6· It's not what I've got.· I wonder if mine is out of ·7· order.· Hang on just a second. ·8· · · · · · · · MR. WISHNEW:· I think yours might be ·9· missing the first page. 10· · · · · · · · MR. BOYD:· You know what, he's got two 11· first pages.· He has all of the first pages marked as 12· Exhibit 77. 13· · · · · · · · MR. WISHNEW:· Let's -14· · · · · · · · MR. BOYD:· I'm going to let you clean 15· that one up, Dave. 16· · · · · · · · MR. WISHNEW:· Yeah. 17· · · · · · · · MR. BOYD:· I've touched it too long. 18· · · Q· · (By Mr. Wishnew)· Let's just do that.· Let's 19· just go with the first page as Exhibit 77.· Okay.· You 20· see where it says, I'm going ape shit on our 21· photographer? 22· · · A· · I do. 23· · · Q· · And so what did you mean when you said you're 24· going ape shit on the photographer? 25· · · A· · The best I can recall, I was very upset with

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ANDREW MOLDOVAN - 03/03/2015 Page 57

·1· it, the way Chaney was not willing to give us our ·2· pictures unless we pay more.· I was frustrated. ·3· · · Q· · So you wanted to go ape shit? ·4· · · · · · · · MR. BOYD:· Objection.· Form. ·5· · · A· · I'm not even quite sure what ape shit means, ·6· so I don't know. ·7· · · · · · · · (Exhibit 78 marked.) ·8· · · Q· · (By Mr. Wishnew)· Okay.· Let's go to ·9· Exhibit 78. 10· · · · · · · · MR. BOYD:· I think that's the one you 11· already gave me, right?· Yup.· That's the one.· Okay. 12· So this one is 78. 13· · · · · · · · MR. WISHNEW:· 78. 14· · · · · · · · MR. BOYD:· Got it.· All right. 15· · · Q· · (By Mr. Wishnew)· Now, did you -- previously 16· you testified that you didn't want to ruin APP's 17· business, right? 18· · · A· · Yes. 19· · · Q· · Okay.· I'm going to direct you to a statement 20· that you made to Shawn Hayward where you say, She's 21· going to get her image ruined.· Do you see that? 22· · · A· · I do. 23· · · Q· · So is it your testimony that you did not want 24· to ruin her image? 25· · · · · · · · MR. BOYD:· Objection.· Form.

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ANDREW MOLDOVAN - 03/03/2015 Page 59

·1· business was damaged, were you? ·2· · · · · · · · MR. BOYD:· Objection.· Form. ·3· · · A· · I don't recall if I was sad or not. ·4· · · Q· · (By Mr. Wishnew)· Nowhere in your text ·5· messages with Shawn do you ever express any sort of ·6· remorse over ruining APP's business, do you? ·7· · · A· · I don't know that I ruined it.· And I don't ·8· share all my feelings with Shawn. ·9· · · · · · · · (Exhibit 79 marked.) 10· · · Q· · Exhibit 79.· This is a document your lawyer 11· provided to us.· Bates is MOL 793 and 794.· And you 12· say -- Mai Lyn Ngo says, Wow, saw the clip.· I hope 13· she goes out of business.· What a bitch.· And you 14· said, Yeah, her Facebook page is blowing up.· Ha ha. 15· · · · · · · · So did you think it was funny the 16· negative posts that were being placed on APP's 17· Facebook page? 18· · · A· · I don't recall if I found it funny or not. 19· · · Q· · And you were -- were you -- you were agreeing 20· with Mai Lyn Ngo when she said, I hope she goes out of 21· business.· What a bitch. 22· · · · · · · · MR. BOYD:· Objection.· Form. 23· · · A· · I don't see where I was agreeing with her 24· statement. 25· · · Q· · (By Mr. Wishnew)· You respond to her saying I

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ANDREW MOLDOVAN - 03/03/2015 Page 60

·1· hope she goes out of business, what a bitch.· Yeah, ·2· her Facebook page is blowing up.· Ha ha.· We may end ·3· up suing her for damages and breach of contract.· Do ·4· you see that? ·5· · · A· · I see that. ·6· · · Q· · So you were happy about the negative public ·7· opinion that was being expressed against APP after the ·8· story ran, weren't you? ·9· · · · · · · · MR. BOYD:· Objection.· Form. 10· · · A· · I never said I was happy. 11· · · Q· · (By Mr. Wishnew)· Okay.· Going down the page, 12· Mai Lyn Ngo says, That is pure awesomeness.· Then the 13· next statement is, I wonder what she'll do.· I bet you 14· she didn't see this coming.· She's out of business for 15· sure.· And then you say, No one is ever going to want 16· to hire her after that. 17· · · · · · · · MR. BOYD:· Objection.· Form.· And 18· mischaracterization. 19· · · A· · I did not say that. 20· · · Q· · (By Mr. Wishnew)· Oh, I'm sorry.· So this is 21· all Mai Lyn's statement.· Okay.· Let me rephrase. 22· Pardon me.· These are hard to read. 23· · · · · · · · Mai Lyn says, That is pure awesomeness. 24· I wonder what she'll do.· I bet she did not see this 25· coming.· She's out of business for sure.· No one is

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·1· ever going to want to hire her for that.· And you ·2· responded, Nope, exclamation point. ·3· · · A· · Yes. ·4· · · Q· · Nope, no one is going to want to hire APP ·5· after your news story, right? ·6· · · · · · · · MR. BOYD:· Objection.· Form. ·7· · · A· · That's what I wrote to Mai Lyn, yes. ·8· · · Q· · (By Mr. Wishnew)· And that's how you felt, ·9· right? 10· · · A· · I don't know. 11· · · Q· · Okay.· On the next page at 9:20 p.m., Mai Lyn 12· Ngo wrote, She's going to have to create a completely 13· new company or brand in order to stay in business if 14· the lawsuit doesn't put her in the ground.· And you 15· said to Mai Lyn Ngo, Yeah. 16· · · · · · · · MR. BOYD:· Objection.· Form. 17· · · Q· · (By Mr. Wishnew)· It's been a nightmare.· And 18· this week we've been looking at houses too. 19· Everything has been so stressful. 20· · · · · · · · So you were agreeing that APP was going 21· to have to create a completely new company or brand in 22· order to stay in business if the lawsuit didn't put 23· her in the ground? 24· · · · · · · · MR. BOYD:· Objection.· Form. 25· · · A· · I was neither agreeing or disagreeing.

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ANDREW MOLDOVAN - 03/03/2015 Page 63

·1· · · A· · I don't -·2· · · Q· · (By Mr. Wishnew)· Oh.· You have a bad copy. ·3· Mine looks fine. ·4· · · · · · · · So in this statement you were stating ·5· that Andrea Polito is crazy, right? ·6· · · A· · I was referring to the situation that we were ·7· in, not her herself. ·8· · · Q· · But that's not what it says, does it? ·9· · · A· · I didn't go into all details with him of what 10· my concerns were and the issue. 11· · · Q· · It says, This photographer is crazy, right? 12· · · A· · And what I was referring to was the stance 13· that they had regarding getting our images and album. 14· · · Q· · Then a couple of messages down you write, We 15· are hoping she would have tried to save her business 16· and given us our album and pictures.· All the bad 17· press is her fault.· Just not exactly sure what our 18· plan will be next. Okay. 19· · · · · · · · So, in your mind, it was either she gave 20· you the album or she lost her business, right? 21· · · · · · · · MR. BOYD:· Objection.· Form. 22· · · A· · No. 23· · · Q· · (By Mr. Wishnew)· You say, We were hoping she 24· would have tried to save her business and given us our 25· album and pictures, right?

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·1· · · A· · Correct. ·2· · · Q· · So did you mean that in order to save her ·3· business, she needed to give you the album and the ·4· pictures? ·5· · · · · · · · MR. BOYD:· Objection.· Form. ·6· · · A· · No. ·7· · · Q· · (By Mr. Wishnew)· What did you mean? ·8· · · A· · A business could possibly be hurt from ·9· practices.· Just by the fact that it says saved 10· doesn't mean the opposite of that it's ruined or 11· anything like that. 12· · · Q· · It says, All the bad press is her fault. 13· Now, that's not exactly true, is it? 14· · · · · · · · MR. BOYD:· Objection.· Form. 15· · · A· · I feel the press that came out would never 16· have happened if we got the album cover that was in 17· our contract. 18· · · Q· · (By Mr. Wishnew)· Okay.· But wasn't your 19· first complaint to APP the wedding disk of images 20· unwatermarked? 21· · · A· · It was. 22· · · Q· · And Chaney was very clear in her E-mails and 23· all the information that's been provided to you when 24· you would receive that disk, right? 25· · · A· · Correct.

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·1· · · Q· · So all the bad press is her fault.· Now, this ·2· story would never have gone to the press had you not ·3· ed the press, right? ·4· · · · · · · · MR. BOYD:· Objection.· Form. ·5· · · A· · I don't know. ·6· · · Q· · (By Mr. Wishnew)· Well, did anyone else ·7· the press? ·8· · · A· · No.· But that doesn't mean it would never ·9· have gone to the press. 10· · · Q· · So you're saying that someone else on your 11· behalf would have ed the press? 12· · · · · · · · MR. BOYD:· Objection.· Form. 13· · · A· · Anything is possible. 14· · · · · · · · (Exhibit 81 marked.) 15· · · Q· · (By Mr. Wishnew)· Exhibit 81.· This is an 16· E-mail from you to Andrea Polito and Chaney and the 17· studio at Polito Photography cc'ing Neely, dated 18· January 19 at 3:32 p.m.· Did you draft this E-mail? 19· · · A· · I did. 20· · · Q· · Did you have assistance drafting this E-mail? 21· · · A· · Not that I recall. 22· · · Q· · Okay.· And did Andrea Polito respond to this 23· E-mail? 24· · · A· · We got -- no, she did not. 25· · · · · · · · (Exhibit 82 marked.)

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·1· · · Q· · Going back to your E-mail of January 19, you ·2· say, We have been ed by additional media ·3· outlets, such as Inside Edition, who are interested in ·4· our incident where Andrea Polito Photography is not ·5· giving us our wedding negatives or photo album unless ·6· we pay more money.· Neely and I prefer not to go on ·7· additional TV shows, but if we cannot come to an ·8· agreement, we may be forced to pursue this further. ·9· Do you see that? 10· · · A· · I do. 11· · · Q· · So you were saying if she did not comply -12· if Andrea Polito, photographer, did not supply your 13· photo album or your negatives, you were going to 14· pursue additional national media? 15· · · · · · · · MR. BOYD:· Objection.· Form. 16· · · A· · It does not say. 17· · · Q· · (By Mr. Wishnew)· Okay.· You refer to 18· Inside Edition, which is a national TV show, right? 19· · · A· · I assume so. 20· · · Q· · And additional media outlets, you also refer 21· to them, right? 22· · · A· · Yes. 23· · · Q· · You say, Neely and I prefer not to go on 24· additional TV shows, but if we cannot come to an 25· agreement, we may be forced to pursue this further.

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·1· · · A· · Yes. ·2· · · Q· · By pursuing this further, you meant going on ·3· additional TV shows, didn't you? ·4· · · A· · It does not say that nor did I infer that. ·5· · · Q· · So you did not infer that you preferred not ·6· to go on additional TV shows, but if you could not ·7· come to an agreement, you may be forced to pursue this ·8· further.· You weren't referring to going on additional ·9· TV shows? 10· · · · · · · · MR. BOYD:· Objection.· Form. 11· · · A· · I didn't state what I was going to pursue or 12· what I was going to do in that pursuing. 13· · · Q· · (By Mr. Wishnew)· You don't think you were 14· suggesting that if an agreement wasn't reached that 15· you'd go to Inside Edition or an additional media 16· outlet? 17· · · · · · · · MR. BOYD:· Objection.· Form. 18· · · A· · I don't know what you could interpret it as, 19· but I said that we may be forced to pursue this 20· further. 21· · · Q· · (By Mr. Wishnew)· Were you referring to going 22· to Inside Edition? 23· · · · · · · · MR. BOYD:· Objection.· Form. 24· · · Q· · (By Mr. Wishnew)· Yes or no? 25· · · A· · I don't know.

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ANDREW MOLDOVAN - 03/03/2015 Page 69

·1· · · Q· · Were you referring to go on additional media ·2· outlets?· Yes or no? ·3· · · · · · · · MR. BOYD:· Objection.· Form. ·4· · · A· · To the best I can recall, no. ·5· · · Q· · (By Mr. Wishnew)· So you were -- then ·6· demanded our images by Thursday, January 22, 2015, ·7· right? ·8· · · A· · No. ·9· · · Q· · You provide a date in which you wanted the 10· images, right? 11· · · A· · Of when I would like to have. 12· · · Q· · Now, you had not yet submitted the images you 13· wanted in your album, right? 14· · · A· · Right. 15· · · Q· · You had not submitted a form, storybook album 16· order form, right? 17· · · A· · Right. 18· · · Q· · You had not said that you wanted the disk of 19· images without the album, right? 20· · · A· · Correct. 21· · · Q· · So you were demanding the images well ahead 22· of the time that you would have otherwise received 23· them in the contract, right? 24· · · · · · · · MR. BOYD:· Objection.· Form. 25· · · A· · Assuming that we followed the contract,

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ANDREW MOLDOVAN - 03/03/2015 Page 70

·1· entirely, yes. ·2· · · Q· · (By Mr. Wishnew)· Is Natalie Wolf a client of ·3· Andrea Polito Photography? ·4· · · A· · I don't know who that is. ·5· · · Q· · If you'll turn back to your text message chat ·6· with Mai Lyn Ngo.· On the top it says Monday, ·7· January 19, 2015? ·8· · · · · · · · MR. BOYD:· What is the exhibit number? ·9· 79? 10· · · · · · · · MR. WISHNEW:· I believe so, yes.· Does 11· it say January 19, 2015, on the top? 12· · · · · · · · MR. BOYD:· No.· It says January 16. 13· · · · · · · · MR. WISHNEW:· Let's go to the one before 14· that. 15· · · · · · · · MR. BOYD:· The one before that is from 16· Shawn Hayward which was Exhibit -- 78 was Shawn 17· Hayward.· 79 is Mai Lyn Ngo and begins January 16, 18· 2015.· That's the only one that I'm aware of that we 19· have with Mai Lyn Ngo. 20· · · · · · · · MR. WISHNEW:· How many pages is your Mai 21· Lyn Ngo? 22· · · · · · · · MR. BOYD:· Appears to be two.· 793 to 23· 794. 24· · · · · · · · MR. WISHNEW:· Let's just make it easier. 25· · · · · · · · (Exhibit 83 marked.)

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ANDREW MOLDOVAN - 03/03/2015 Page 71

·1· · · Q· · Exhibit 83.· This chat with Mail Lyn Ngo ·2· starts with, Hey, do you know a Natalie Wolf? ·3· · · A· · Yes. ·4· · · Q· · So who is Natalie Wolf? ·5· · · A· · I don't know. ·6· · · Q· · Then why were you asking Mai Lyn Ngo about ·7· her? ·8· · · A· · Because they ed Neely over E-mail. ·9· · · Q· · Okay.· In that you say, Our photographer has 10· scammed so many people.· It's horrible.· So you were 11· stating that Andrea Polito Photography has scammed so 12· many people? 13· · · A· · I feel that by charging additional costs than 14· what we had agreed to in the contract, that I felt 15· scammed, yes. 16· · · Q· · Okay.· And you believe that your statement 17· that so many people have been scammed by her, right? 18· Had people told you that they had been scammed? 19· · · A· · Not directly, but I had heard things. 20· · · Q· · What did you hear? 21· · · A· · Just the things that people ed Neely 22· about. 23· · · Q· · And what were those things? 24· · · A· · That they had similar problems. 25· · · Q· · And you considered that scamming?

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ANDREW MOLDOVAN - 03/03/2015 Page 73

·1· · · A· · Yes. ·2· · · Q· · You're writing Mr. Patel.· He says, Party ·3· animal.· You had Monday off too, right?· Yeah, and ·4· used a sick day today.· Did you hear about the wedding ·5· photographer stuff we had going on? ·6· · · · · · · · Were you sick that day? ·7· · · A· · Yes, I was. ·8· · · Q· · Okay.· Then he says, You told me what ·9· happened and about the news report.· You say, 10· Basically spent the entire weekend watching Neely get 11· bullied and attacked online.· It was horrible and 12· nothing you can really do.· The photographer had a 13· friend spread the word in a Facebook group to attack 14· Neely and how they should stand behind photographers 15· no matter what.· So fucked up.· We have two lawyers 16· involved writing cease and desist letters and another 17· writing a demand letter for our pictures.· Do you see 18· that? 19· · · A· · I do. 20· · · Q· · Okay.· Now, you don't know for a fact that 21· Andrea Polito had a friend spread the word on a 22· Facebook group to attack Neely, do you? 23· · · A· · I know that Stacey Reeves had documentation 24· that would only be obtainable from Andrea or Neely and 25· I know Neely did not send them.· So I know that there

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·1· was communication between Andrea and Stacey Reeves who ·2· started the let's attack Neely bashings. ·3· · · Q· · Okay.· But did you ever see any ·4· communications between Andrea Polito and Stacey ·5· Reeves? ·6· · · A· · I did not see them, but I know they had to ·7· exist. ·8· · · Q· · So you're making an assumption that Andrea ·9· Polito instructed Stacey Reeves, right? 10· · · · · · · · MR. BOYD:· Objection.· Form. 11· · · A· · Yes, I was. 12· · · Q· · (By Mr. Wishnew)· Because you don't have any 13· facts to base it on.· It's assumption, right? 14· · · · · · · · MR. BOYD:· Objection.· Form. 15· · · A· · Yes. 16· · · Q· · (By Mr. Wishnew)· And you said you have two 17· lawyers involved writing cease and desist letters. 18· Did you ever send any cease and desist letters? 19· · · A· · I did not send any cease and desist letters. 20· · · Q· · Did any lawyers send any cease and desist 21· letters? 22· · · A· · Yes. 23· · · Q· · Who were the cease and desist letters sent 24· to? 25· · · A· · I don't recall.

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ANDREW MOLDOVAN - 03/03/2015 Page 77

·1· that let's go to Exhibit 85. ·2· · · A· · I don't have an 85. ·3· · · Q· · I'm sorry.· I'm going to give you 85. ·4· · · · · · · · MR. BOYD:· It's a new one. ·5· · · Q· · (By Mr. Wishnew)· A new one.· Sorry.· Is this ·6· a copy of -- or screenshot of your Yelp ? ·7· · · A· · It could be.· I'm not sure. ·8· · · Q· · Have you deleted any information from your ·9· Yelp since January 12, 2015? 10· · · A· · Once links were to my Yelp and people 11· were harassing Neely, I actually just closed down the 12· entire . 13· · · Q· · Okay. 14· · · A· · I wanted to reduce the harassment against 15· Neely. 16· · · Q· · Did you delete any posts -- any reviews that 17· you made on Yelp since January 12, 2015? 18· · · A· · I deleted the .· I don't know what 19· happens to the reviews. 20· · · Q· · Okay.· Did you post a review to Andrea Polito 21· Photography on your Yelp prior to deleting it? 22· · · A· · No. 23· · · · · · · · (Exhibit 86 marked.) 24· · · Q· · 86.· This is a document that you produced 25· through your lawyer to me.· It's a screenshot which I

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·1· believe is of Yelp through a mobile device.· And it's ·2· the comments that we've been talking about from ·3· Andrew S. that says, She gave me AIDS.· Photos were ·4· okay.· Two stars.· And it says Andrew M. and one other ·5· liked this.· Do you see that? ·6· · · A· · I do. ·7· · · Q· · Is it your testimony today that you, ·8· Andrew M., are not the person that liked this comment? ·9· · · A· · I did not like that comment. 10· · · Q· · So do you believe that someone hacked into 11· your profile? 12· · · A· · I don't know. 13· · · Q· · Do you believe someone created a fake 14· profile? 15· · · A· · I don't know. 16· · · · · · · · (Exhibit 87 marked.) 17· · · Q· · Exhibit 87.· Here's another Yelp review of 18· Andrea Polito Photography and a comment that says, 19· Scam artist.· And beneath the picture it says 20· Andrew M. and one other liked this. 21· · · · · · · · Is this you, Andrew M., that liked the 22· comment that says scam artist? 23· · · A· · I don't what I liked on there.· It's 24· possible. 25· · · Q· · So the comment about AIDS, it definitely

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ANDREW MOLDOVAN - 03/03/2015 Page 79

·1· wasn't you? ·2· · · A· · I know I did not like anything related to ·3· AIDS. ·4· · · Q· · But this one could be you? ·5· · · A· · It's possible. ·6· · · Q· · You just don't doing it? ·7· · · A· · I'm not 100 percent sure that I liked this ·8· comment, but it's very possible. ·9· · · Q· · Does anyone else have access to your YELP 10· s that you know of? 11· · · A· · Not that I know of. 12· · · Q· · Did you then alter your Yelp before 13· you deleted it? 14· · · A· · Yes. 15· · · · · · · · (Exhibit 88 marked.) 16· · · Q· · Exhibit 88.· This is a picture of a Yelp 17· page.· It talks about Andrew M.'s profile, and it 18· appears to be your picture, but now the head is 19· cropped off.· Did you do that? 20· · · A· · I did not. 21· · · Q· · Do you know who did? 22· · · A· · No. 23· · · Q· · Did you ask anyone to? 24· · · A· · No.· I'm not even positive if this is my 25· .

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ANDREW MOLDOVAN - 03/03/2015 Page 81

·1· · · A· · No.· Or they would not trace back. ·2· · · Q· · Okay.· Exhibit 66, if you'd turn to that, ·3· please.· Now, this is a post from the Wedding Wire ·4· website.· Do you see that? ·5· · · A· · I do. ·6· · · Q· · The name of the profile lists Andrew.· Do you ·7· see that? ·8· · · A· · I do. ·9· · · Q· · Have you ever created a profile on Wedding 10· Wire? 11· · · A· · Not that I recall. 12· · · Q· · Okay.· Your wedding date was October 11, 13· 2014, in Dallas, Texas, like is stated here, right? 14· · · A· · Yes.· But it's public information. 15· · · Q· · And this is a review of Andrea Polito 16· Photography, correct? 17· · · A· · It would appear like a review. 18· · · Q· · And in that it links to the news story, 19· correct? 20· · · A· · Yes. 21· · · Q· · And in the review it says, Cheater and a 22· scammer.· She adds charges on later that weren't in 23· your contract and will hold your pictures hostage 24· unless you pay up. 25· · · · · · · · Aren't those the same words you used

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ANDREW MOLDOVAN - 03/03/2015 Page 82

·1· with the NBC news story? ·2· · · · · · · · MR. BOYD:· Objection.· Form. ·3· · · A· · I don't recall ever using the word hostage ·4· with NBC. ·5· · · Q· · (By Mr. Wishnew)· So it's your testimony that ·6· NBC created the tag holding pictures hostage? ·7· · · A· · As best as I can recall, yes. ·8· · · Q· · Now, did you post this review? ·9· · · A· · I did not. 10· · · Q· · No.· So it's your contention that this is a 11· fake profile? 12· · · A· · I don't know.· I just did not post it. 13· · · Q· · So you did not call Andrea Polito Photography 14· a cheater and a scammer in this? 15· · · A· · I did not post this. 16· · · Q· · And you did not post that she blatantly 17· steals money for you all the while holding your 18· pictures ransom and then adding on extra archive and 19· cover fees at the end that weren't in the original 20· contract.· Read her Yelp reviews. 21· · · · · · · · MR. BOYD:· Objection.· Form. 22· · · A· · Again, I did not post this. 23· · · Q· · (By Mr. Wishnew)· Do you know who did? 24· · · A· · No. 25· · · Q· · Did you ask anyone to post it?

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ANDREW MOLDOVAN - 03/03/2015 Page 86

·1· · · Q· · That was you that said that, correct? ·2· · · A· · Yes. ·3· · · · · · · · (Exhibit 90 marked.) ·4· · · Q· · All right.· Exhibit 90.· This is an E-mail -·5· or a text message between you and Elana Lassandro.· Is ·6· Elana another friend of yours? ·7· · · A· · She is. ·8· · · Q· · And this was another friend that you sent to ·9· notify them to watch the 10:00 p.m. NBC local news? 10· · · A· · Yes.· I think it's just a copy and paste from 11· the previous Kyle Parks text. 12· · · Q· · And you told her, Ah, okay.· So our wedding 13· photographer is screwing us over and breaching our 14· contract so we took her to the local NBC news, and you 15· provide a link, right? 16· · · A· · Yes. 17· · · Q· · So you believe Andrea Polito Photography was 18· screwing you over, right? 19· · · A· · I felt we were getting scammed and they kept 20· wanting money from us. 21· · · Q· · What is the name of your home wifi network? 22· · · A· · There's several. 23· · · Q· · Provide me the names of your home wifi 24· networks. 25· · · A· · Hideyokids, hideyowifi5.· I did not name

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ANDREW MOLDOVAN - 03/03/2015 Page 89 ·1· · · · · · · · · ·CHANGES AND SIGNATURE ·2· WITNESS NAME:· ANDREW MOLDOVAN · · DATE OF DEPOSITION:· MARCH 3, 2015 ·3 ·4· PAGE· · ·LINE· ·CHANGE· · · · · · ·REASON ·5· ____________________________________________________ ·6· ____________________________________________________ ·7· ____________________________________________________ ·8· ____________________________________________________ ·9· ____________________________________________________ 10· ____________________________________________________ 11· ____________________________________________________ 12· ____________________________________________________ 13· ____________________________________________________ 14· ____________________________________________________ 15· ____________________________________________________ 16· ____________________________________________________ 17· ____________________________________________________ 18· ____________________________________________________ 19· ____________________________________________________ 20· ____________________________________________________ 21· ____________________________________________________ 22· ____________________________________________________ 23· ____________________________________________________ 24· ____________________________________________________ 25· ____________________________________________________

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ANDREW MOLDOVAN - 03/03/2015 Page 90 ·1· · · I, ANDREW MOLDOVAN, have read the foregoing · · deposition and hereby affix my signature that same is ·2· true and correct, except as noted above. ·3 · · · · · · · · · · · ·_________________________________ ·4· · · · · · · · · · ·ANDREW MOLDOVAN ·5 · · STATE OF TEXAS· · · · · ·) ·6· COUNTY OF _______________) ·7· · · ·8· · · ·9· · · 10·

· · Before me, _________________________on this day personally appeared, ANDREW MOLDOVAN, known to me (or proved to me under oath or through ______________) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed.

11· · · Given under my hand and seal of office this · · _______ day of _______________________, 2015. 12 13· · · · · · · · · · ·__________________________________ · · · · · · · · · · · ·Notary Public in and 14· · · · · · · · · · ·For the State of _________________ 15 16 17 18 19 20 21 22 23 24 25

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ANDREW MOLDOVAN - 03/03/2015 Page 91 ·1· · · · · · · · · · · NO. DC-15-00660 ·2· · · ·3· · · ·4· · · ·5· · · ·6· · · ·7·

ANDREA POLITO AND ANDREA· ·*· IN THE DISTRICT COURT POLITO PHOTOGRAPHY, INC.· ·* · · · · · · · · · · · · · ·* · · · · · · · · · · · · · ·* VS· · · · · · · · · · · · ·*· DALLAS COUNTY, TEXAS · · · · · · · · · · · · · ·* · · · · · · · · · · · · · ·* SEEKING THE DEPOSITIONS OF * NEELY MOLDOVAN, ANDREW· · ·* MOLDOVAN AND WASTE OF· · · * MAKEUP MEDIA, LLC· · · · · *· 134TH JUDICIAL DISTRICT

·8 ·9· · · · · · · · ·REPORTER'S CERTIFICATION 10· · · · · · · ·DEPOSITION OF ANDREW MOLDOVAN 11· · · · · · · · · · · ·MARCH 3, 2015 12· · · I, Deborah A. Copeland, certified Shorthand 13· Reporter in and for the State of Texas, hereby certify 14· to the following: 15· · · That the witness, ANDREW MOLDOVAN, was duly sworn 16· by the officer and that the transcript of the oral 17· deposition is a true record of the testimony given by 18· the witness; 19· · · That the deposition transcript was submitted on 20· 14th day of March, 2015 to the witness 21· or to the attorney for the witness for examination, 22· signature and return to me by ______________, 2015; 23· · · That the amount of time used by each party at the 24· deposition is as follows: 25

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ANDREW MOLDOVAN - 03/03/2015 Page 92 ·1· · · ·Mr. Dave Wishnew -· 2:16 ·2· · · That pursuant to information given to the ·3· deposition officer at the time said testimony was ·4· taken, the following includes counsel for all parties ·5· of record: ·6· · · ·Mr. Dave Wishnew, Attorney for Petitioner · · · · ·Mr. Walter A. Boyd, III, Attorney for Respondent ·7 ·8· · · I further certify that I am neither counsel for, ·9· related to, nor employed by any of the parties or 10· attorneys in the action in which this proceeding was 11· taken, and further that I am not financially or 12· otherwise interested in the outcome of the action. 13· Further certification requirements pursuant to 14· Rule 203 of TR will be certified to after they have 15· occurred. 16· · · Certified to by me this 16th day of March, 2015. 17 18 19 20· · · 21· · · 22· · · 23· · · 24·

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__________________________________ DEBORAH A. COPELAND, CSR 5730 Expiration Date: 12/31/15 Litigation Services 3770 Howard Hughes Parkway Suite 300 Las Vegas, Nevada· 89169 800.330.1112 www.litigation-services.net

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ANDREW MOLDOVAN - 03/03/2015 Page 93 ·1· · · · ·FURTHER CERTIFICATION UNDER RULE 203 TR ·2· · · The original deposition was/was not returned to ·3· the deposition officer on ________________________; ·4· · · If returned, the attached Changes and Signature ·5· Page contains any changes and the reasons therefor. ·6· · · If returned, the original deposition was delivered ·7· to Mr. Dave Wishnew, Custodial Attorney; that ·8· $_______________ is the deposition officer's charges ·9· to the Petitioner for preparing the original 10· deposition transcript and any copies of exhibits; 11· · · That the deposition was delivered in accordance 12· with Rule 203.3, and that a copy of this certificate 13· was served on all parties shown herein and filed with 14· the Clerk. 15· · · Certified to by me this _______ day of 16· ________________________, 2015. 17 18 19 20· · · 21· · · 22· · · 23· · · 24·

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_________________________________ DEBORAH A. COPELAND, CSR 5730 Expiration Date: 12/31/15 Litigation Services 3770 Howard Hughes Parkway Suite 300 Las Vegas, Nevada· 89169 800.330.1112 www.litigation-services.net

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• EXHIBIT D74

[email protected] Tue, Jan 20, 2015 at 1 :36 PM To: "Ashley Ousley «580) 927-0641)" Hey got a min? andrew@andrewjm .com Tue, Jan 20, 2015 at 1 :38 PM To: "Ashley Ousley ((580) 927-0641)" Someone commented on Neely's Instagram pic with the purse telling altsummit to rethink working with Neely. I blocked them and deleted the post from her but I stili see it when i and look at her profile. Am I doing something wrong? Ashley Ousley «580) 927-0641) Tue, Jan 20, 2015 at 1:45 PM To: [email protected] Let me check. I was Irying 10 delele the comment 100 :) [email protected] Tue, Jan 20, 2015 al 1:45 PM To: "Ashley Ousley «580) 927-0641)" It lei me delete it bul it seems it only deleted it from Neely's view Ashley Ousley «580) 927-0641) Tue, Jan 20 , 2015 al 1:45 PM To: andrew@andrewjm .com Ok yeah it's still showing up. Hmm ... Ashley Ousley «580) 927-0641) Tue, Jan 20, 2015 at 1 :46 PM To: [email protected] When I look at it on my Instagram app it's nol there bul when I looked on Ihe compuler it is. Not sure what's up with that Ashley Ousley «580) 927-064 1) Tue, Jan 20, 20 15 at 1 :47 PM To: [email protected] I don't know why it won'l go away. It should've lei you do it from her accounl and it be gone. andrew@andrewjm .com Tue, Jan 20, 2015 al 1 :48 PM To: 'Ashley Ousley «580) 927-0641)" I just can't stand her seeing Ihls and going Ihrough il all . I'm forwarding Ihis 10 lynn along with whatever address i can come up with. My dad's lawyer will get a hold of me soon. hopefully loday Ashley Ousley «580) 927-0641) Tue, Jan 20, 2015 al 1:50 PM To: andrew@andrewjm .com Yeah it makes me sick 100. Did you see what Andrea Polito wrote on her b response to all of this? [email protected] Tue, Jan 20, 2015 a11 :51 PM To: "Ashley Ousley «580) 927-0641)" yeah. il sounds all professional, but its all lies. i need to lell the lawyer about it. ugh. i wish he would call asap. my mom said he may be In court this moming Ashley Ousley «580) 927-0641) Tue, Jan 20, 2015 at 1 :52 PM To: [email protected]

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Yeah il sounded good bul reading Ihrough iI, I was like lies, lies, lies, lies [email protected] Tue, Jan 20, 2015 al 1:53 PM To: "Ashley Ousley «580) 927-0641)" Ok. Gol il gone. I had to delete from both phone and website. I'm logged into all her s on my phone. I'm gonna watch then as best as I can. And I have no Idea how she handles all the notifications. I had to tum off a bunch such as follows and likes Ashley Ousley «580) 927 -0641) Tue, Jan 20 , 2015 at 1:54 PM To: [email protected] I can't imagine how she's does it. I get overwhelmed by the few I get, so I don't know how she does it! [email protected] Tue, Jan 20, 2015 at 1:55 PM To: "Ashley Ousley «580) 927-0641)" We both cried on the way to the airport. More so me. I just can't stand seeing her upset. It kills me . Ashley Ousley «580) 927-0641) Tue, Jan 20, 2015 at 1:59 PM To: [email protected] It makes me sad too. She doesn't deserve the criticism when all she was doing was standing up for herself. But this will all blow over soon and people will find another story to follow and things will go back to normal

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SMS with Ashley Ousley [email protected] Wed, Jan 21 , 2015 at 11 :27 AM To: "Ashley Ousley «580) 927-0641)" Ugh. Front page of GOMI andrew@andrewjm .com Wed, Jan 21 , 2015 at 11 :27 AM To: "Ashley Ousley «580) 927-0641)" Only a matter of time till she finds out Ashley Ousley «580) 927-0641) Wed, Jan 21, 2015 at 11 :28 AM To: [email protected] I'm sure. But really, no one lakes that site seriously. That should be the least of her worries [email protected] Wed, Jan 21, 2015 al 11 :29 AM To: "Ashley Ousley «580) 927-0641)" The donnie brown guy posted a comment saying he didn't know it was Andrea Polito and retracls all he said. He told nbc he jusl had to even though he didn't believe it [email protected] Wed, Jan 21, 2015 at 11 :29 AM To: "Ashley Ousley «580) 927-0641)" Now that's gonna blow up [email protected] Wed, Jan 21, 2015 at 11 :29 AM To: "Ashley Ousley «580) 927-0641)" nona me 453K Ashley Ousley «580) 927-0641) Wed, Jan 21, 2015 at 11:29 AM To: [email protected] Yeah Neely is group texting me and ally and Michele about it. He's horrible to do that [email protected] Wed, Jan 21 , 2015 at 11 :30 AM To: "Ashley Ousley «580) 927-0641)" I agree Ashley Ousley «580) 927-0641) Wed, Jan 21, 2015 al 11 :32 AM To: [email protected] I really wish the news would speak out about It. The research they did before airing the story [email protected] Wed , Jan 21 , 2015 at 4:39 PM To: "Ashley Ousley «580) 927-0641)" Our lawyer Is taking over communication and we are having him get our stuff. We aren't communicating to any media outlets anymore and hope it just dies down. Nbc may do an update on their website with some facts to back up their Initial claims. It shouldn't hurt us at all but I expect it to add more fuel to this fire. I asked them not to run it but they said they want to. I'm no longer talking to them and have been advised not to talk to any media at all. Ashley Ousley «580) 927-0641) Wed, Jan 21 , 2015 at 4:41 PM To: andrew@andrewjm .com

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I think it might be good for the news to respond to II, especially now that the wedding coordinator guy spoke out against the story. But it's good that y'all don't respond to anything [email protected] Wed, Jan 21 , 2015 at 4:42 PM To: "Ashley Ousley «580) 927-0641)" Yeah . I just hope it doesn't fuel this all over again Ashley Ousley «580) 927-0641) Wed, Jan 21, 2015 at 5:08 PM To: [email protected] There will be some backlash I'm sure, but I think iI's good to have some sort of response. People were critici ing Andrea for not saying anything in response to the story, so I think it may do more damage if the news doesn't address it [email protected] Wed, Jan 21 , 2015 at 5:09 PM To: "Ashley Ousley «580) 927-0641)" ok. I hope the GOMI front page thing dies off. Id hate for that to be a top resull on go09le :( Ashley Ousley «580) 927-0641) Thu, Jan 22 , 2015 at 9:18 AM To: [email protected] Talked with Neely a bit this morning. She seems better today so I think now that the conference Is really starting she will have more to distract her. I talked hard to her about staying away from reading the hateful stuff, so we'll see! [email protected] Thu, Jan 22, 2015 at 9:19 AM To: "Ashley Ousley «580) 927-0641)" ok grea!!!! let me forward you an email her dad sent her. it was by far the best thing ive ever read and ever heard mark say Ashley Ousley «580) 927 -0641) Thu, Jan 22, 2015 at 9:20 AM To: [email protected] Ok! She told me about it but didn't say what it said. And oh my goodness she told me Bruce was In an accident last nigh!! So glad he's ok!! andrew@andrewjm .com Thu, Jan 22, 2015 at 9:22 AM To: "Ashley Ousley «580) 927-0641)" oh god yes ... i was just about to go to sleep then my mom called me in a horrible tone (i assume stressed and feeling theres nothing she can do since shes in south carolina) ... I spoke with bruce several times throughout the night. apparently he was driving back home from austin to houston and it was drt ling for hours and he hydroplaned right off the road , car flipped twice. he is okay but the car is most likely totaled . the police came and towed the car, but he was left at a gas station In the middle of no where. luckily he had a friend from austin come get him. i offered but i really didn't want to drive all the way to austin then houston then dallas. i just dont think i can physically handle any more shit. mentally i can, but my body is giving up. i need sleep so bad. Ashley Ousley «580) 927-0641) Thu, Jan 22, 2015 at 9:24 AM To: [email protected] That's so scary! So good that he's ok. And yes you do need some sleep. Are you at work today or can you work from home? [email protected] Thu, Jan 22, 2015 at 9:47 AM To: "Ashley Ousley «580) 927-0641)" At work today 30/44

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SMS with Ash ley Ou slay

[email protected] Thu, Jan 22, 2015 at 9:24 PM To: "Ashley Ousley «580) 927-0641)" So I think Andrea is trying to serve us. Some big black guy came up to our door and wanted me to open it. He said he had a package. I said then leave it at the door. He wouldn't leave. I got my gun and stayed away from the door. He eventually left leaving nothing. If she is suing us she's cra y. I can't imagine what for. [email protected] Thu, Jan 22, 2015 at 10:01 PM To: "Ashley Ousley «580) 927-0641)" hHp:/lwww.nbcdfw.comlinvestigationslPhotographer-Who-Charged-Extra-for-Album-Cover-Sa ys-She-Did-Nothing-Wrong-289532021 .html Ashley Ousley ((580) 927-0641) Thu , Jan 22, 2015 at 10:13 PM To: [email protected] They did good. I love that they called everyone one [email protected] Thu, Jan 22, 2015 at 10:14 PM To: "Ashley Ousley ((580) 927-0641)" Hopefully this helps Neely Ashley Ousley ((580) 927 -0641) Thu, Jan 22, 2015 at 10:15 PM To: [email protected] I hope so too. The negativity will probable increase a bit but it's good to see the way NBC laid It all out [email protected] Thu, Jan 22, 2015 at 10: 19 PM To: "Ashley Ousley ((580) 927-0641)" Yeah . I assume she's going to sue us based on the big black guy wanting me to open the door. Not opening it Ashley Ousley ((580) 927-0641) Thu,Jan22, 2015 at 10:20 PM To: [email protected] Yeah I wouldn't open it either. Not cool for someone to come at night. People can get shot doing that

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POL000488

EXHIBIT F #sender Sara Lake Neely Sara Lake Neely Sara Lake Sara Lake Sara Lake

date Jan 14, 2015, 3:30 PM Jan 14, 2015, 3:31 PM Jan 14, 2015, 3:30 PM Jan 14, 2015, 3:32 PM Jan 14, 2015, 3:30 PM Jan 14, 2015, 3:32 PM Jan 14, 2015, 3:32 PM

sent No Yes No Yes No No No

text You can't get the photos you paid for?! Whaaaaat?! I had no idea!! They keep nickel and diming us even tho we spent 7000 Seriously? Yep Didn't you at least get a print or two as part of your package?! Wtf?! We spent $850 for two hours (elopement in HI) and got a jump drive of everything. Holy hell. Yes but an album and our high res images are in the contract and we paid for it last feb. Now they are saying for the album we must pay extra for a cover Not a fancy cover a standard cover which not on our contract but now they are saying an album cover is not included ...that's stupid, why would they offer you an album coverless in the first place?! So dumb. Will they give you just the high res pics? On the contract it says 8.5x12 album They won't give us the high res without the album and we won't pay for the cover cause we feel like we already have paid I have never heard of an album that didn't have a cover. Ergo, they're wrong. Oh lawyer and everyone said they're wrong Did you say, jk, we opt out of the album, just give us our damn photos? Love that you have a lawyer. Who was your photographer? Andrea polito photographer Andrews brother lawyer We did say we want our high res they say well ok but you can't change your mind and forfeit the money you already paid Can too if you don't deliver on it, asshole. I'm so mad It's been 3 months How in the hell is this lady still in business?

Neely

Jan 14, 2015, 3:33 PM

Yes

Neely Sara Lake Sara Lake Sara Lake Neely

Jan 14, 2015, 3:33 PM Jan 14, 2015, 3:34 PM Jan 14, 2015, 3:34 PM Jan 14, 2015, 3:34 PM Jan 14, 2015, 3:36 PM

Yes No No No Yes

Neely Sara Lake Neely Sara Lake Sara Lake Neely

Jan 14, 2015, 3:37 PM Jan 14, 2015, 3:37 PM Jan 14, 2015, 3:37 PM Jan 14, 2015, 3:37 PM Jan 14, 2015, 3:37 PM Jan 14, 2015, 3:38 PM

Yes No Yes No No Yes

Neely Sara Lake Neely Neely Sara Lake

Jan 14, 2015, 3:38 PM Jan 14, 2015, 3:37 PM Jan 14, 2015, 3:39 PM Jan 14, 2015, 3:39 PM Jan 14, 2015, 3:39 PM

Yes No Yes Yes No

Neely Neely Sara Lake

Jan 14, 2015, 3:40 PM Jan 14, 2015, 3:40 PM Jan 14, 2015, 3:41 PM

Neely Sara Lake Sara Lake

Jan 14, 2015, 3:41 PM Jan 14, 2015, 3:44 PM Jan 14, 2015, 3:44 PM

Yes So I posted in a local FB group asking for news leads and tons of girls came forward with similar stories from her Yes I legit said "we should have flown in sar" No Wow!! I can't believe this is a common thing. Me and Sarah Schoonover would've done it for free I mean this woman has been used by tons of girls I know and apparently you can pay to have bad reviews taken off Yes websites No Wow. I cannot believe it. No I can't wait to see her response to the investigation. Will she just withhold all your photos?! MOL000658

Sara Lake Neely Sara Lake Neely Neely Sara Lake Sara Lake Sara Lake

Jan 14, 2015, 3:44 PM Jan 14, 2015, 3:48 PM Jan 14, 2015, 3:48 PM Jan 14, 2015, 3:49 PM Jan 14, 2015, 3:49 PM Jan 14, 2015, 3:53 PM Jan 14, 2015, 3:53 PM Jan 14, 2015, 3:54 PM

No Yes No Yes Yes No No No

Neely Sara Lake

Jan 14, 2015, 3:55 PM Jan 14, 2015, 3:55 PM

Yes No

Neely Sara Lake Sara Lake Neely Sara Lake Neely Neely Sara Lake

Jan 14, 2015, 3:55 PM Jan 14, 2015, 3:56 PM Jan 14, 2015, 3:57 PM Jan 14, 2015, 3:58 PM Jan 14, 2015, 3:58 PM Jan 14, 2015, 3:58 PM Jan 14, 2015, 3:58 PM Jan 14, 2015, 3:58 PM

Yes No No Yes No Yes Yes No

Neely Sara Lake Sara Lake Neely Sara Lake Sara Lake Neely Neely Neely Sara Lake Sara Lake Neely

Jan 14, 2015, 3:59 PM Jan 14, 2015, 4:02 PM Jan 14, 2015, 4:02 PM Jan 14, 2015, 4:03 PM Jan 14, 2015, 4:02 PM Jan 14, 2015, 4:04 PM Jan 14, 2015, 4:06 PM Jan 14, 2015, 4:07 PM Jan 14, 2015, 4:07 PM Jan 14, 2015, 4:09 PM Jan 14, 2015, 4:14 PM Jan 14, 2015, 4:15 PM

Yes No No Yes No No Yes Yes Yes No No Yes

Sara Lake Neely Sara Lake

Jan 14, 2015, 4:23 PM Jan 14, 2015, 4:30 PM Jan 21, 2015, 6:49 PM

No Yes No

If she does, i guarantee a photographer in the community will give y'all a free photo shoot. She declined comment to the reporter How many women are a part of this? Like, the story? Only us and then Donnie brown who hosts who's wedding is it anyway lives in Dallas and was interviewed Other girls gave anonymous comments Wow. What a horrible lady. $7k is a SHIT TON I would just get your photos on a jump drive ASAP so she can't hold it from you Yep I'm so sad we bought frames for our parents and grandparents for Christmas to surprise them with pictures and we can't I'm so sorry Neels! I can't believe her. They won't give them to us on a jump drive or anything. We have access on her website but it has her watermark and they are not edited them immediately. Watermarks can be removed. We can edit it. But do it so they're not lost in case she withholds everything and you have to sue. They are low res Damn. We have a disk with those they won't give us high res Cause they suck Did your lawyer threaten to take them to court? Andrews brother showed us the place in Texas law where what they are doing is illegal he wrote them a letter demanding it And they just didn't give an eff? Well shoot, I hope she loses business. And, did you write bad reviews? Yes we are waiting to post them till we get the pics Well done. So what's preventing her from just refunding your money and withholding the photos? No idea but they won't Cause we already got engagement pics etc Those were part of our package Holy hell What a horrible lady I hate her I'm so sorry Neels. Here's hoping that this news section will make her embarrassed and just give the damn photos up. Thanks friend What did you think of Andrea's blog post? MOL000659

Neely

Jan 21, 2015, 6:49 PM

Neely Sara Lake Sara Lake Sara Lake Neely

Jan 21, 2015, 6:49 PM Jan 21, 2015, 6:49 PM Jan 21, 2015, 6:49 PM Jan 21, 2015, 6:50 PM Jan 21, 2015, 6:50 PM

Neely Sara Lake Sara Lake Neely Neely Neely Neely Sara Lake Sara Lake Neely Neely Sara Lake Neely Sara Lake Sara Lake Neely Sara Lake Sara Lake

Jan 21, 2015, 6:50 PM Jan 21, 2015, 6:51 PM Jan 21, 2015, 6:51 PM Jan 21, 2015, 6:53 PM Jan 21, 2015, 6:53 PM Jan 21, 2015, 6:53 PM Jan 21, 2015, 6:53 PM Jan 21, 2015, 6:53 PM Jan 21, 2015, 6:53 PM Jan 21, 2015, 6:54 PM Jan 21, 2015, 6:57 PM Jan 21, 2015, 6:57 PM Jan 21, 2015, 6:59 PM Jan 21, 2015, 6:59 PM Jan 21, 2015, 6:59 PM Jan 21, 2015, 7:02 PM Jan 21, 2015, 7:01 PM Jan 21, 2015, 7:01 PM

Sara Lake Sara Lake Neely Sara Lake

Jan 21, 2015, 7:06 PM Jan 21, 2015, 7:08 PM Jan 21, 2015, 7:10 PM Jan 21, 2015, 7:12 PM

Neely Neely Sara Lake Neely Neely

Jan 21, 2015, 7:16 PM Jan 21, 2015, 7:16 PM Jan 21, 2015, 7:16 PM Jan 21, 2015, 7:18 PM Jan 21, 2015, 7:18 PM

Yes It was lies None of it was true and now we have lawyers and can't talk to media ....giant mess. Oh and my social has been Yes destroyed No I was surprised she didn't offer proof of said emails on her blog post. No Holy hell No I saw a little of people telling you that you ruined her Yes She never sent those emails A little? Lol we've had to block and delete more than 500 comments and I'm out of town so Andrews on damage Yes control No Holy hell! No I saw the photos were gone but I haven't checked your blog. Yes Oh those are all on moderation. I've been called a cunt about 30 times Yes And I'm on the front page of Gomi Yes So basically I'm not super happy right now Yes And I feel like the world hates me No I forgot GOMI was a thing. Wtf?! No Will you ever get your photos?! That's the scary question. Yes We have a lawyer handling it for that and hopefully Yes No Bwaaahahaha deal. Or any other just cuz photos. Yes I will ONlY you use or other Sarah now No Amen. I can't believe it blew up so big. No I'm sorry you're dealing with this and can't have photos of your wedding up in your home. Yes I'm glad to know you believe me since 99% of the Internet thinks I'm a fame whore cunt No Well def a fame whore, duh. No I'm reading the GOMI page and whaaaat the hell? These people are mean! I'm surprised they're immediately taking No a side. No Whoa, and saying super mean things. (Was totally kidding about the fame whore!) Yes I may have been crying for 5 days No Not cool at all. I am still confused about why these women think you're wrong? Because they hate me already and people created a yelp in Andrews name and no one believes it's not him Yes and they think my goal was to further my blog Yes Longest run on sentence No Oh Neels. I'm so sorry. Yes It's bad Sar Yes It's killing Andrew to see me upset MOL000660

Neely Neely Sara Lake Neely Sara Lake

Jan 21, 2015, 7:18 PM Jan 21, 2015, 7:18 PM Jan 21, 2015, 7:18 PM Jan 21, 2015, 7:19 PM Jan 21, 2015, 7:18 PM

Yes Yes No Yes No

Neely Sara Lake Neely

Jan 21, 2015, 7:19 PM Jan 21, 2015, 7:20 PM Jan 21, 2015, 7:22 PM

Yes No Yes

Sara Lake Neely Neely Sara Lake Neely Sara Lake Neely Sara Lake Neely Sara Lake Neely Sara Lake Neely Neely Sara Lake Neely Neely Sara Lake Neely Neely Sara Lake Neely Sara Lake Neely

Jan 21, 2015, 7:22 PM Jan 21, 2015, 7:23 PM Jan 21, 2015, 7:23 PM Jan 21, 2015, 7:23 PM Jan 21, 2015, 7:24 PM Jan 21, 2015, 7:25 PM Jan 21, 2015, 7:26 PM Jan 21, 2015, 7:31 PM Jan 21, 2015, 7:39 PM Jan 21, 2015, 7:40 PM Jan 21, 2015, 7:46 PM Jan 21, 2015, 7:46 PM Jan 21, 2015, 7:47 PM Jan 21, 2015, 7:47 PM Jan 21, 2015, 7:48 PM Jan 21, 2015, 7:51 PM Jan 21, 2015, 7:51 PM Jan 21, 2015, 7:53 PM Jan 21, 2015, 8:04 PM Jan 21, 2015, 8:04 PM Jan 21, 2015, 8:12 PM Jan 21, 2015, 8:12 PM Jan 21, 2015, 8:13 PM Jan 21, 2015, 8:13 PM

No Yes Yes No Yes No Yes No Yes No Yes No Yes Yes No Yes Yes No Yes Yes No Yes No Yes

And it's just killing me I'm trying to fake brave it online How's Alt? Are people ing you? Yeah I'm trying to not talk about it but Gomi started using the alt hashtag so I had to Ugh I had to talked to the owners of alt and they were amazing and gave me hugs and one of my new friends got hate tweets Well I'm glad that the people around you are being ive even if the Internet is being a bitch. And our families are being amazing and my true friends things like this will totally reveal the good and bad friends. I love that you have and I wish online people really knew you. I can't even respond cause it won't matter But as long as my friends believe me I'm good Yeah. Plus the haters will continue to hate hate hate hate. And the fakers gonna fake :) Exactly!! Ashley sent that to me hahahaha Ash and I are in the same mind frame! Thanks for being such a good friend It's bullshit Yeah, it's hard too when you're not allowed to respond because your lawyer says to chill Yeah and also inside edition called and daily mail posted it And I'm like no Posted her blog post\LF? Can your lawyer put out a statement? No they posted our story He told us to stay quiet Ahhhhh. Well shit. I'm thankful that you have a lawyer. We have 5 lol They are handling different aspects Wow. That's a ton! It's a bad week I can tell. I'm so sorry hon I'll live

MOL000661

EXHIBIT G #sender Neely 12547600815 12547600815

date Jan 17, 2015, 3:13 PM Jan 17, 2015, 3:19 PM Jan 17, 2015, 3:20 PM

sent Yes No No

Neely

Jan 17, 2015, 3:20 PM

Yes

12547600815 Jan 17, 2015, 3:23 PM 12547600815 Jan 17, 2015, 3:23 PM 12547600815 Jan 17, 2015, 3:23 PM

No No No

Neely 12143649346 Neely Neely

Jan 17, 2015, 3:24 PM Jan 17, 2015, 3:24 PM Jan 17, 2015, 3:24 PM Jan 17, 2015, 3:26 PM

Yes No Yes Yes

12143649346 12143649346 Neely Neely 12143649346 12143649346

Jan 17, 2015, 3:26 PM Jan 17, 2015, 3:26 PM Jan 17, 2015, 3:27 PM Jan 17, 2015, 3:27 PM Jan 17, 2015, 3:26 PM Jan 17, 2015, 3:26 PM

No No Yes Yes No No

Neely

Jan 17, 2015, 3:28 PM

Yes

12143649346 Jan 17, 2015, 3:28 PM Neely Jan 17, 2015, 3:28 PM

No Yes

12143649346 Jan 17, 2015, 3:28 PM Neely Jan 17, 2015, 3:30 PM

No Yes

15809270641 Jan 17, 2015, 3:32 PM Neely Jan 17, 2015, 3:33 PM

No Yes

text My instagram got some very mean comments about the news story I'm sorry my love. Don't worry. People are always going to have opinions about anything Are you ok? My skin is only so thick. People have left a lot of nice comments ing us on the NBC page but the comments that aren't basically depict me as bridezilla vindictive bitch Well, we know you aren't that at all. It's human nature to focus on the few small bad things. But you have way many note ers than the few who disagree *many *more I know but it's been a really hard stressful week. Then I had to teach a 5 hour blog class this morning. I feel emotional defeated. Andrew is taking me to see taken 3 then to dinner. I just feel like I need to cry Ya know? We love you and you and I'm sorry people are mean and sucky! I just feel so attacked Have yall read the comments? People keep leaving them People will bitch and complain about anything! You should have seen the comments on my hometown news site when I took the people to court over my mom's death--boy howdy. People need an outlet to try and puff themselves up. I know it's hard not to take it personally. But, you're amazing and wonderful. I just read through a few of them. I can't imagine people giving you shit for that. Your mom died! Wtf? Enjoy your movie and dinner tonight and cry if you need to--we love you and are here for you!! Oh it was DRAMA People suck. I'm just so over the constant amount of criticism I get for everything I say, do, buy anything. I made this choice to lead a public ish life it's my own fault Dude, their insurance paid, I wasn't hurting them or their business. They rebuilt and charge even more for rent now. They're fine. But, I was ruining their lives blah blah blah They are saying on insta I'm ruining a single mothers life Oh but you aren't! She'll still get business, this isn't ruining her life or her career. Yeah, the bad press sucks for her, but, her career will be fine Plus she makes a shit ton of money and lives on McFarland There's gonna be haters no matter what. Just stop going and reading the comments. Obviously you have a legit issue or the news wouldn't have even carried the story It's on my flippin insta MOL000395

15809270641 Neely Neely 15809270641

Jan 17, 2015, 3:44 PM Jan 17, 2015, 3:44 PM Jan 17, 2015, 3:51 PM Jan 17, 2015, 3:51 PM

No Yes Yes No

15809270641 Jan 17, 2015, 4:38 PM

No

Neely Jan 17, 2015, 6:08 PM Neely Jan 18, 2015, 2:04 PM 12143649346 Jan 18, 2015, 2:06 PM

Yes Yes No

12143649346 Jan 18, 2015, 2:08 PM

No

Neely 12143649346 Neely 12143649346 15809270641

Jan 18, 2015, 2:10 PM Jan 18, 2015, 2:11 PM Jan 18, 2015, 2:12 PM Jan 18, 2015, 2:18 PM Jan 18, 2015, 2:20 PM

Yes No Yes No No

15809270641 Jan 18, 2015, 2:20 PM 12143649346 Jan 18, 2015, 2:20 PM

No No

Neely

Jan 18, 2015, 2:22 PM

Yes

12143649346 12143649346 12143649346 Neely 12143649346 15809270641 12143649346 Neely 15809270641 Neely

Jan 18, 2015, 2:22 PM Jan 18, 2015, 2:22 PM Jan 18, 2015, 2:22 PM Jan 18, 2015, 2:24 PM Jan 18, 2015, 2:22 PM Jan 18, 2015, 2:24 PM Jan 18, 2015, 2:36 PM Jan 18, 2015, 2:37 PM Jan 18, 2015, 2:38 PM Jan 18, 2015, 2:56 PM

No No No Yes No No No Yes No Yes

The crap comments are all photographers, so they are all probably people she knows and she's probably sent them to you. Don't stress about them I blocked them all Oh I got hashtaged Ashley lol Oh that's hilarious! I just read all of the comments on the news facebook post. Y'all have a lot of . I love that she had to shut her fb page down because of all the negative comments! A group of photographers have taken over my instagram. So wine and I had a bonding moment at the movies OMG now I'm dying to know what she is saying! I'm sorry love love People are dumb and you know everyone on GOMI is always just making up crap. We were just talking about that on Monday--it's all absurd! Same girl who left blog and instagram comments. Gomi is the only place I can't block her http://getoffmyinternets.net/forums/lifestyle-bloggers/neelykinsa-complete-waste-of-makeup/page18/?p2038638 I'm sorry love Cause the news didn't do a background check on all the info Ugh Ridiculous But you need to make sure you screenshot that comment because that's proof the photographer sent her friends to harass you since she itted the photographer is her friend AND that she left negative comments on your instagram Yes! What Ashley said I have all the screen shots and tweets and blog comments. I've had to block more people in the past 24 hours than ever in the history of Twitter-actually just guessing And you know the truth and so do we and it doesn't matter what her friend says. I know it SUCKS but, lies are lies are lies and it will all be ok in the end because liars never prosper I know that doesn't help now or make things better and I wish I could just throat punch all of them I'm just sick of feeling so hurt I know you are hun Yes!!! Everything Ally said!!! Hahahah! Hahahaha so funny I wish I didn't know how to read right now MOL000396

Neely Jan 19, 2015, 12:19 PM Yes 15809270641 Jan 19, 2015, 12:20 PM No 12143649346 Jan 19, 2015, 12:20 PM No

Neely Neely 12143649346 Neely 12143649346 Neely 12143649346 15809270641 Neely Neely Neely 12143649346 Neely Neely

Jan 19, 2015, 12:21 PM Jan 19, 2015, 12:21 PM Jan 19, 2015, 12:22 PM Jan 19, 2015, 12:22 PM Jan 19, 2015, 12:22 PM Jan 19, 2015, 12:22 PM Jan 19, 2015, 12:22 PM Jan 19, 2015, 12:22 PM Jan 19, 2015, 12:23 PM Jan 19, 2015, 12:23 PM Jan 19, 2015, 12:23 PM Jan 19, 2015, 12:24 PM Jan 19, 2015, 12:24 PM Jan 19, 2015, 12:24 PM

Yes Yes No Yes No Yes No No Yes Yes Yes No Yes Yes

Neely Neely Neely Neely 15809270641 Neely 12143649346

Jan 19, 2015, 12:25 PM Jan 19, 2015, 12:31 PM Jan 19, 2015, 12:31 PM Jan 19, 2015, 12:32 PM Jan 19, 2015, 12:31 PM Jan 19, 2015, 12:32 PM Jan 19, 2015, 12:35 PM

Yes Yes Yes Yes No Yes No

Neely Jan 19, 2015, 7:07 PM 15809270641 Jan 19, 2015, 7:08 PM

Yes No

Neely Neely Neely 15809270641 Neely Neely

Yes Yes Yes No Yes Yes

Jan 19, 2015, 7:09 PM Jan 19, 2015, 7:09 PM Jan 19, 2015, 7:09 PM Jan 19, 2015, 7:12 PM Jan 19, 2015, 7:13 PM Jan 19, 2015, 7:13 PM

We talked to a lawyer and there's nothing we can do Seriously?? Why not?? What do you mean? Nothing you can do about the trolls or nothing you can do about the pictures? We are going to forfeit the album and get our disks. Several photographers have offered to put albums together for us free of charge. The harassment is hard to prove even though one is her boyfriend and 3 are related to him. The lawyer said it would cost us more to sue I'm about to have coffee with a girl she fired in July for having cancer Dafaq? Yep she's a piece of work huh? Serious Not quite sure how she sleeps at night but I'm guessing on expensive sheets Snort laugh I can't even believe this She charges enough I'm sure she has nice sheets I would buy nice sheets guys I feel effing defeated Don't feel defeated babe I can't believe she's gonna get away with this and we have to forfeit something we already paid for Due to lack of options I need to watch old school Greys anatomy where Meredith's life was super screwed up. Always makes me feel better Inside edition just ed Andrew about our story and its on daily mail So that's happening I'm terrified to be on the news again Oh wow!! Andrews at the eye doctor so I'll know more soon and let yall know Holy heck! Lynn is sending a cease and desist to the main girl harassing me and we are filing a police report on Internet harassment Oh that's good. Who is the person doing that?? Her name is stacy reeves gulledge look her up online pretty sure you all have friends in common with her Michele she's friends with Morley and Jessica She's friends with Ashleigh bowers, my makeup artist Tracy Wow I just read her facebook page. She's crazy pants!! Yeah I reported it to facebook and we have printed copies Her Twitter @stacyreeves check that out MOL000397

15809270641 Neely 15809270641 Neely Neely 15809270641 Neely 15809270641 Neely Neely

Jan 19, 2015, 7:14 PM Jan 19, 2015, 7:15 PM Jan 19, 2015, 7:14 PM Jan 19, 2015, 7:16 PM Jan 19, 2015, 7:16 PM Jan 19, 2015, 7:16 PM Jan 19, 2015, 7:16 PM Jan 19, 2015, 7:16 PM Jan 19, 2015, 7:18 PM Jan 19, 2015, 7:18 PM

No Yes No Yes Yes No Yes No Yes Yes

15809270641 Neely 15809270641 Neely 15809270641 Neely 12143649346 Neely 12143649346 Neely Neely Neely 15809270641 Neely 12143649346 Neely Neely 12143649346 Neely 15809270641 12143649346 Neely 12547600815 Neely 12547600815 Neely

Jan 19, 2015, 7:18 PM Jan 19, 2015, 7:19 PM Jan 19, 2015, 7:18 PM Jan 19, 2015, 7:20 PM Jan 19, 2015, 7:21 PM Jan 19, 2015, 7:21 PM Jan 19, 2015, 7:21 PM Jan 19, 2015, 7:22 PM Jan 19, 2015, 7:21 PM Jan 19, 2015, 7:22 PM Jan 20, 2015, 12:15 PM Jan 20, 2015, 12:15 PM Jan 20, 2015, 12:18 PM Jan 20, 2015, 12:19 PM Jan 20, 2015, 12:18 PM Jan 20, 2015, 12:19 PM Jan 20, 2015, 12:20 PM Jan 20, 2015, 12:20 PM Jan 20, 2015, 7:26 PM Jan 20, 2015, 7:27 PM Jan 20, 2015, 7:27 PM Jan 20, 2015, 7:28 PM Jan 20, 2015, 10:55 PM Jan 20, 2015, 10:56 PM Jan 20, 2015, 10:58 PM Jan 20, 2015, 10:58 PM

No Yes No Yes No Yes No Yes No Yes Yes Yes No Yes No Yes Yes No Yes No No Yes No Yes No Yes

Yeah she's awful She messaged Ashleigh bowers about me How did Ashleigh handle that?? who knows you know Ashleigh loves drama She feeds off of it Yeah I know. She could go either way with it I feel so physically sick Hopefully Lynn will get her shut down. She's out of her mind Then we have a different lawyer sending a letter to the photographer to get our pictures Somehow I'm supposed to go to slc and not think about this That's good. You need the photos and then let some of the nice people that offered make you an album. SLC should be a nice break from all of this!! Not if people are still harassing me When do you leave? My flight is at noon Well you always say blogging conferences come at the perfect time, so this should be a good thing Yeah hopefully Go hang out with my friend Ariana--she'll take ya out for drinks and whatever you want I will I'll send her an email and tell her to take good care of you! Thanks :) http://www.blogpolito.com/?p=5757 All lies Yep I'm literally on my flight having a panic attack. It's supposed to take off in 15 Deep breaths This isn't fair I didn't start a lynch mob and Andrew didn't make that comment about aids I know babe Hahahaha Gimme! This is my cheeseburger app Hope you're feeling better my love. Carbs always help I'm ok. Met some new friends they don't hate me like the rest of the world Don't be silly. You have way more ers than not I know but today was hard cause getting called a nasty cunt isn't fun MOL000398

12547600815 Neely 12547600815 Neely 12547600815 12547600815 Neely

Jan 20, 2015, 10:58 PM Jan 20, 2015, 10:59 PM Jan 20, 2015, 11:00 PM Jan 20, 2015, 11:01 PM Jan 20, 2015, 11:02 PM Jan 20, 2015, 11:02 PM Jan 20, 2015, 11:02 PM

No Yes No Yes No No Yes

Neely Jan 20, 2015, 11:03 PM Yes 12547600815 Jan 20, 2015, 11:02 PM No 12547600815 Jan 20, 2015, 11:03 PM No Neely

Jan 21, 2015, 11:11 AM Yes

15809270641 Jan 21, 2015, 11:14 AM No Neely

Jan 21, 2015, 11:15 AM Yes

Neely

Jan 21, 2015, 11:16 AM Yes

Neely

Who said that? Some stranger. Lynn sent out 2 cease and desists today and Andrea released an "open letter" of lies Cease and desists for whom? The friend of Andreas who told people to go after me Geez people! Calm down everyone Where is Andreas letter? Oh and everyone on get off my internets is trying to get me on the front page so that's fun Andrew has to manage all my social media s and we've blocked 500 plus people today that have insulted me Why are you reading that stupid site? Nothing good comes of it

Jan 21, 2015, 11:18 AM Yes

Wow. That's horrible. I hate people

Our parents want us to write an open letter refuting everything Andrea and Donnie said but I don't want to

15809270641 Jan 21, 2015, 11:20 AM No

I don't think it would be a bad idea

15809270641 Jan 21, 2015, 11:21 AM No

I wish some of the other girls who had issues with her would speak out about it I kind of agree with not wiring the letter--at this point it's a pissing contest. The letter won't do anything but add more fuel.

12143649346 Jan 21, 2015, 11:21 AM No Neely

Jan 21, 2015, 11:22 AM Yes

I said I would only do it if it wasn't on my blog like if it was on NBC

Neely

Jan 21, 2015, 11:23 AM Yes

Another bride and former employees are coming forward to NBC

12143649346 Jan 21, 2015, 11:23 AM No Neely

Jan 21, 2015, 11:23 AM Yes

15809270641 Jan 21, 2015, 11:24 AM No

That's fair I just said I couldn't do it to my blog Yeah definitely not on your blog!! Release a statement to NBC or something like that. It needs to stay away from your blog and social media MOL000399

Neely

Jan 21, 2015, 11:24 AM Yes

I'm making my Twitter and insta private after alt for a while. We had to spend over 3 hours cleaning up my FB blog page last night

Neely

Jan 21, 2015, 11:25 AM Yes

Andrew doesn't even have blog comments come to my email anymore he checks them all

Neely

Jan 21, 2015, 11:25 AM Yes

I've gotten about 100 FB requests from strangers so we made most of my FB private

Neely

Jan 21, 2015, 11:25 AM Yes

Basically 10 people can see what I post

Neely

Jan 21, 2015, 11:25 AM Yes

How sad is that? It's ridiculous. And the thing is that you never mentioned your blog or social media stuff in the story. She has to be the one sending people there. Or her minions are

15809270641 Jan 21, 2015, 11:26 AM No Neely

Jan 21, 2015, 11:27 AM Yes

Neely

Jan 21, 2015, 11:27 AM Yes

Her blog post was literally all lies Saying she emailed me and offered the cover free of charge and that Andrew and I sent a lynch mob after her etc

12143649346 Jan 21, 2015, 11:29 AM No

I know it was all lies

15809270641 Jan 21, 2015, 11:31 AM No

Neely

Jan 21, 2015, 11:35 AM Yes

Just try not to look at stuff right now. Focus on Alt and having fun Everyone is really nice. Registration is this afternoon so I'm sitting by the fire in the lobby having a latte. The girl who runs alt came up and gave me a hug and said she was so sorry for what I've been through and I belong here

Neely

Jan 21, 2015, 11:35 AM Yes

I legit almost cried

15809270641 Jan 21, 2015, 11:36 AM No

Aww that's so nice!!!

Neely

Jan 21, 2015, 11:36 AM Yes

You have to come with me next time. They do summer too

Neely

Jan 21, 2015, 11:36 AM Yes

It's not cold

15809270641 Neely Neely 12143649346 15809270641

Jan 21, 2015, 11:38 AM Jan 21, 2015, 12:38 PM Jan 21, 2015, 12:38 PM Jan 21, 2015, 12:54 PM Jan 21, 2015, 12:57 PM

That would be awesome! http://getoffmyinternets.net/neely-moldovan-will-trash-your-business-in-exchange-for-going-viral/ Front page!!! STAHP reading it! Yes! What Ally said! MOL000400

No Yes Yes No No

Neely Neely 15809270641 Neely

Jan 21, 2015, 12:59 PM Jan 21, 2015, 12:59 PM Jan 21, 2015, 1:09 PM Jan 22, 2015, 7:42 AM

Yes Yes No Yes

12143649346 Jan 22, 2015, 10:08 AM No

Most comments are funny but they are saying to send to Gomi article to Twitter and use #altsummit So that's gonna be fun to explain I'm sure no one at Alt is gonna take any of that nonsense seriously

#truth. How are you doing today love love?

Neely

Jan 22, 2015, 10:09 AM Yes

Trying harder today

Neely

Jan 22, 2015, 10:40 AM Yes

Then that stopped and ash can explain why

12547600815 Jan 22, 2015, 10:41 AM No 15809270641 Jan 22, 2015, 10:42 AM No Neely

Jan 22, 2015, 10:43 AM Yes

15809270641 Jan 22, 2015, 10:43 AM No Neely

Jan 22, 2015, 10:44 AM Yes

??? A rude, drama starting blogger posted Andreas letter on fb. A few bloggers plus Stephanie are commenting. It's just rudeness, nothing to worry about It's not fair it's just not fair It's not but they are no one to lose sleep over No but how quick will they spread lies to people who I thought trusted me

15809270641 Jan 22, 2015, 10:44 AM No

Like we've said before, the people that know you aren't going to believe any of that nonsense

12547600815 Jan 22, 2015, 11:29 AM No

That's true. No friend is going to believe that nonsense

Neely

Jan 22, 2015, 11:36 AM Yes

12143649346 Jan 22, 2015, 11:38 AM No

I'm so glad you guys put up with me Haha, we don't put up with you, we love you!

Neely

Jan 22, 2015, 11:44 AM Yes

Thanks this has just been a huge mess

12547600815 Neely 12547600815 Neely Neely 15809270641

Jan 22, 2015, 11:55 AM Jan 22, 2015, 12:02 PM Jan 22, 2015, 12:01 PM Jan 22, 2015, 12:03 PM Jan 22, 2015, 12:03 PM Jan 22, 2015, 12:01 PM

Yes, we love you:) The house has foundation issues that can't be fixed :( Oh no! Like what? Not sure but we aren't getting the house Needs to be torn down Stinks :( But good that you find out now before things got too far! You don't want a messed up house! MOL000401

No Yes No Yes Yes No

Neely 12547600815 12547600815 15809270641 Neely Neely Neely Neely Neely 15809270641 Neely Neely

Jan 22, 2015, 12:04 PM Jan 22, 2015, 12:03 PM Jan 22, 2015, 12:03 PM Jan 22, 2015, 12:03 PM Jan 22, 2015, 1:16 PM Jan 22, 2015, 1:16 PM Jan 22, 2015, 1:16 PM Jan 22, 2015, 1:16 PM Jan 22, 2015, 1:16 PM Jan 22, 2015, 1:16 PM Jan 22, 2015, 1:17 PM Jan 22, 2015, 1:17 PM

Yes No No No Yes Yes Yes Yes Yes No Yes Yes

15809270641 Jan 22, 2015, 1:19 PM Neely Jan 22, 2015, 1:19 PM Neely Jan 22, 2015, 1:19 PM

No Yes Yes

12143649346 Jan 22, 2015, 1:22 PM 12143649346 Jan 22, 2015, 1:22 PM

No No

15809270641 12143649346 Neely Neely 15809270641 Neely Neely 15809270641 Neely 12143649346 15809270641 12143649346

Jan 22, 2015, 1:22 PM Jan 22, 2015, 1:22 PM Jan 22, 2015, 1:23 PM Jan 22, 2015, 1:25 PM Jan 22, 2015, 1:24 PM Jan 22, 2015, 1:25 PM Jan 22, 2015, 1:25 PM Jan 22, 2015, 1:25 PM Jan 22, 2015, 3:48 PM Jan 22, 2015, 3:49 PM Jan 22, 2015, 3:49 PM Jan 22, 2015, 3:50 PM

No No Yes Yes No Yes Yes No Yes No No No

No but I'm pretty bummed. Andrew hated that the realtor emailed me Yikes. Yes, the last thing you need is a money pit Sorry:( Yeah he didn't want you getting any more bad news :( Went to meme generator so I could do a meme for a client and guess who's a meme now? Nasty Neely I quit I'm done They win Nope, you're not letting them win Can't do this It's killing me and I'm almost certain I have an ulcer It wouldn't surprise me. But you've got to let it go. Let them say what they want. What they say doesn't change who you are I can't do this anymore I've never in my life wanted to just disappear more Yes you can do this. You're going to take a deep breath and be the kick ass amazing person we know you are You are not quitting But disappearing doesn't fix anything. It doesn't make them stop. If anything it gives them more fuel. If you left Alt right now and word got out, they would see it as a huge victory. "We ran Neely out of her conference!" It just gives them more of a reason to keep doing what they're doing. If you rise above this, keep doing what you love, pretend nothing is going on, they don't win. They don't get any satisfaction. As long as they are getting a reaction out of you, it pushes them to keep going. If you show them they can't affect you, even if you are hurting deep inside, it will no longer be fun for them and they'll stop I refuse to let you. It SUCKS right now, beyond sucks, but it's temporary and you can do this I didn't know people could be so mean One whole week of this you guys too much It will . People will move on from this We say this everyday and it gets worse Today I'm an effing meme It takes awhile, but it will Awwww so sweet of her! Awww she's so sweet!! MOL000402

Neely 12143649346 Neely 12547600815 Neely Neely 12547600815 Neely 12547600815 Neely Neely 15809270641

Jan 22, 2015, 3:50 PM Jan 22, 2015, 3:51 PM Jan 22, 2015, 4:44 PM Jan 22, 2015, 7:34 PM Jan 22, 2015, 7:34 PM Jan 22, 2015, 7:35 PM Jan 22, 2015, 7:35 PM Jan 22, 2015, 7:35 PM Jan 22, 2015, 7:35 PM Jan 22, 2015, 7:35 PM Jan 24, 2015, 9:32 AM Jan 24, 2015, 9:36 AM

Yes No Yes No Yes Yes No Yes No Yes Yes No

Neely

Jan 24, 2015, 10:22 AM Yes

Neely

Jan 24, 2015, 10:22 AM Yes

12143649346 Jan 24, 2015, 10:23 AM No Neely

Jan 24, 2015, 10:23 AM Yes

12143649346 Jan 24, 2015, 10:23 AM No Neely

Jan 24, 2015, 10:23 AM Yes

My flight gets in at 7 ish I think I assume Andrew is picking you up, but, do you need me to? Or get you anything? He is but you can come over if you want Do you want me to stop by? Cool Yes sat maybe??? That works I get in kinda late and will prob want to go to sleep long travel day Just let me know what time I apparently fly to lax then Dallas cause that makes sense Hahahaha

How I feel when people direct me towards Andrea politos blog post BWAHAHAHA I get like 20 or so FB messages a day with the link Ugh Now I'm not technically allowed to talk about anything that's going on outside of Andrew and our parents

12143649346 Jan 24, 2015, 10:24 AM No

Huh?\LF

12547600815 Jan 24, 2015, 10:24 AM No

You mean your lawyer said that?

Neely

Jan 24, 2015, 10:25 AM Yes

12143649346 Jan 24, 2015, 10:25 AM No Neely Neely 12143649346 Neely

Jan 24, 2015, 10:25 AM Jan 24, 2015, 7:28 PM Jan 24, 2015, 7:29 PM Jan 24, 2015, 7:29 PM

Yes Yes No Yes

Yeah Gotcha We can't talk to anyone about any details What in the actual fuck? Welcome to my new life where I take a nap and wake up to shit like this MOL000403

12143649346 12143649346 Neely 12143649346 Neely 15809270641 Neely Neely Neely 12143649346 12547600815 12547600815 12143649346 Neely 12143649346 Neely Neely Neely

Jan 24, 2015, 7:29 PM Jan 24, 2015, 7:29 PM Jan 24, 2015, 7:30 PM Jan 24, 2015, 7:29 PM Jan 24, 2015, 7:31 PM Jan 24, 2015, 7:33 PM Jan 24, 2015, 7:33 PM Jan 24, 2015, 7:33 PM Jan 24, 2015, 7:33 PM Jan 24, 2015, 7:34 PM Jan 24, 2015, 7:36 PM Jan 24, 2015, 7:36 PM Jan 24, 2015, 7:36 PM Jan 24, 2015, 7:36 PM Jan 24, 2015, 7:37 PM Jan 24, 2015, 7:37 PM Jan 24, 2015, 7:37 PM Jan 24, 2015, 7:37 PM

No No Yes No Yes No Yes Yes Yes No No No No Yes No Yes Yes Yes

12143649346 Neely 12143649346 Neely 12143649346 Neely 15809270641 12143649346 12143649346 Neely 12143649346 15809270641 12143649346 12143649346 15809270641 Neely Neely 12143649346

Jan 24, 2015, 7:39 PM Jan 24, 2015, 7:40 PM Jan 24, 2015, 7:43 PM Jan 24, 2015, 7:43 PM Jan 24, 2015, 7:44 PM Jan 24, 2015, 7:45 PM Jan 24, 2015, 7:45 PM Jan 24, 2015, 7:45 PM Jan 24, 2015, 7:46 PM Jan 24, 2015, 7:46 PM Jan 24, 2015, 7:46 PM Jan 24, 2015, 7:46 PM Jan 24, 2015, 7:47 PM Jan 24, 2015, 7:47 PM Jan 24, 2015, 7:47 PM Jan 24, 2015, 7:48 PM Jan 24, 2015, 7:48 PM Jan 24, 2015, 7:48 PM

No Yes No Yes No Yes No No No Yes No No No No No Yes Yes No

Ok who do I have to throat punch? I have a lot of pent up aggression with being sick and not working out and all Can yall go report it as a spam ? I can't tweet for people to because of everything Yes of course, done I'm so over this crap Done. Would love to know who did it Trolls I'm sure my Gomi page is up to like 80 now. Andrew blocked it from all my devices Then you know there's the 216 memes of me Ugh I don't know twitter enough, but I'm sure theses tech girls can help ;) Reported the as spam and harassment Thanks guys Of course I feel like this is never gonna stop. I don't even want to leave my house anymore Like the idea of going outside gives me panic attack a Attacks It will end, I know it doesn't feel like it, but it will. It might suck for a good while, but it won't suck forever. I promise I just don't feel good being outside. I'm terrified to be recognized or really anything. We can get you a disguise! You can be a pink bunny! Yeah that won't draw attention Ha! Hahahaha It could be fun! Ashley hasn't gotten that far Ashley! Step up your game! It's Jan 24! I know! I'm such a failure I mean, we love you so it's ok, but, clear priorities here I'm in season 3!! Just finished the one with the football http://www.oregonlive.com/faith/2015/01/oregon_christian_blogger_gives.html Guys no No no MOL000404

15809270641 Jan 24, 2015, 7:50 PM Neely Jan 24, 2015, 7:53 PM

No Yes

12143649346 Jan 24, 2015, 7:57 PM 15809270641 Jan 24, 2015, 7:57 PM

No No

12143649346 15809270641 Neely 12143649346 Neely

Jan 24, 2015, 7:59 PM Jan 24, 2015, 8:06 PM Jan 24, 2015, 8:14 PM Jan 24, 2015, 8:15 PM Jan 24, 2015, 8:16 PM

No No Yes No Yes

Neely 12143649346 12143649346 Neely

Jan 24, 2015, 8:17 PM Jan 24, 2015, 8:16 PM Jan 24, 2015, 8:17 PM Jan 24, 2015, 8:18 PM

Yes No No Yes

12143649346 12143649346 12143649346 Neely 12143649346 Neely 12143649346 Neely 12143649346 12143649346 Neely 12143649346 Neely

Jan 24, 2015, 8:18 PM Jan 24, 2015, 8:18 PM Jan 24, 2015, 8:18 PM Jan 24, 2015, 8:20 PM Jan 24, 2015, 8:20 PM Jan 24, 2015, 8:21 PM Jan 24, 2015, 8:20 PM Jan 24, 2015, 8:21 PM Jan 24, 2015, 8:20 PM Jan 24, 2015, 8:22 PM Jan 24, 2015, 8:22 PM Jan 24, 2015, 8:22 PM Jan 24, 2015, 8:23 PM

No No No Yes No Yes No Yes No No Yes No Yes

I only wear them when my shirt covers my butt but that's only because I'm self-conscious about my I mean is me wearing lulu yoga pants me asking every dude to sleep with me? No they are comfy I see her point of view because I am a very modest dresser but that's how I was raised but i don't see anything wrong with the general wearing of leggings--yes there are the girls who wear lulu and show ALL THEIR BOOBS and stuff, but they would so that regardless of what type of pants they were wearing. Wearing lulu doesn't make you risqu_! Seriously But I also see a lot of slutty lulu at my job, but, those are the girls who are going to dress like hookers no matter what ya know Yeah really That's like people who teach barre in full makeup and pageant hair Cough::Jan Allison::cough (and I adore her) Legit the person I was thinking of I mean she's nice but Michele was with me and we saw her at whole foods one day and she was like that You get me I don't know how she does it at 6am! I'm like "y'all are lucky if I have my s in at this hour!" She's weird. She works across the street at pure barre now I legit haven't gone to PB Dallas since Britta opened. Although, and don't tell Britta I said this, her teachers need to learn A LOT, but I like them way better than Beth's girls Which, enter Ally, duh.\LF (done in "Enter Amy" voice) Haha yes BABIES DONT CARE IF THEYRE SLIM! they should!

MBA? It's cool, I went to grad school twice No, masters in counseling Ohhhh that's awesome! We will see if I actually do it and go through with it and all that

MOL000405

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