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 TCPR 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 Neelys 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 APPs 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 TCPR 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 Politos 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 accountsthat reach more than 48,000 followersto generate a following about
this story and to ruin Politos reputation.
Texas did not adopt the Anti-SLAPP statute to protect those who defame, disparage, and
substantially damage anothers 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

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 Neelys 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 APPs 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 terms, 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 APPs prompt, professional, and consistent responses to Defendants

communications, they saw the opportunity to garner some fame and attention to Neelys 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 contacts and continued her search through her
various social media avenues. She also contacted a current APP client. The very next day on
January 14, Defendants interviewed with Scott Gordon of NBC 5, accusing Polito of holding

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 admitted 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 [Politos] business.14

When asked on Facebook if Polito knows what Neely

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, LLCs 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 accounts, 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 knows15 and posted in another forum Im a blogger
and Im going to be all over this once its resolved.16
7.

Similarly, Andrew told his friends that shits going down and that hes 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 contacted 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 NBCs
story, and foreigners from around the world posted damaging reviews about Politos 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 werent 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 (admitted).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
(admitted).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 (admitted).27
Neely did not even look at the album order
form until January 8,28 and did not complete it
until February 2015 (admitted).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 (admitted). Polito discussed
this cost for the album cover, in accordance
with APP policy, during the initial
Neely remembers 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 admitting 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

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 (admitted).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 (admitted).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
fathers card was charged on October 21 for
$600, ten days after the wedding.46
In contest is not whether the Moldovans
contacted 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 Neelys 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 directly48 and that [Politos] 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 APPs office manager
Chaney from January 2014 to January 2015.
viii Neely published the statement that none Defendants knew about the contract terms 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 Politos
blog post sounds all professional, but
its all lies.54
ix Neely published the statement that Polito While it was Neelys 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 shes (admitted).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 supporters 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 (admitting Defendants did not complete picture selection or order
form); 81:18-82:25 (admitting 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 (admitting timeline clearly outlined in
contract and wedding package); 83:2-19 (admitting 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 (admitting Polito did contact Neely directly); see
also Ex. 11 (Genius Facebook post) to Ex. B (Neely Dep.) & Ex. B 61:18-62:22 (admitting 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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xi

stand behind photographers no matter

what.58
Neely published the statement that Polito The contract clearly stated that Defendants
didnt 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 (admitted).62 Defendants did not
opt or pay for Polito to photograph their
wedding but rather contracted for APPs
company photographers (admitted).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 terms and the a
la carte options.
Neely published the statement the fact Neely could not name more than two brides
that shes 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 [Politos] business

is done,66 and that justice was served.67 Andrew published similar statements to his friends,
namely: [Polito]s gonna get her image ruined68; [t]he people will let up on Neely but the
photographers business is damaged69; 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 Politos 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 artist75; 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 withand actually breachedher contract by posting non-watermarked photos
on her social media accounts 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
admitting it is possible he liked the scammer post); see also Exs. 85 & 88 to Ex. D (Andrew Dep.), which
support 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 doesnt even have a yelp account while Andrew admits 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 contacts 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 yearand it is
now the end of June.86 Additionally, Polito has loaned $40,000 to APP, can no longer afford
APPs office lease, and cannot pay the salary for her officer manager, who is no longer
employed.87 And Polito cannot even advertise for more business because she was forced to close
her Facebook business page the night the story aired to avoid further damage to APPs 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 APPs loss of revenue beginning in
January 2015, but prospective clients and industry contacts express refusal to transact with APP
because of Defendants statements is direct evidence that Defendants defamation caused APPs
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 (TCPA) 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 TCPA 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 defendants 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 support 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 TCPA demands more information about the underlying claim [but]
does not impose an elevated evidentiary standard. Id. at *7. The TCPA 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 plaintiffs action if the moving party
establishes by a preponderance of the evidence each essential element of a valid defense to the
nonmovants claim. TEX. CIV. PRAC. & REM. CODE 27.005(d).
B.

The Commercial Speech Exemption Applies to Neelys Statements Made Through

Her Blog.
The TCPA does not apply to statements made by Neelya 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 viewersher customers.91 Sponsors also consider the number of followers on any social
media account attached to Neelys 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+ account, and 1.5 million after her smear campaign.
Her Instagram account had 12,200 followers before January 2015, and now has 16,900.
At least one of Neelys 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 accounts 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 Neelys business is
undeniable: her followers have increased dramatically, and she has directly profited from that
increase with new advertisements and sponsored posts. Because Neelys 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 TCPA.
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

TCPA, 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 subjects reputation and
thereby expose the subject to public hatred, contempt, or ridicule, or financial injury, or to
impeach the subjects 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
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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 Commn 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 Politos 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 users identity
when making online postsStartPage, which is a proxy service that Andrew embedded in his
browser through which he can visit other websites without passing along his identifying IP
address. As StartPage explains, You are invisible to the website. They see only StartPages IP
address, not yours. Since you never make direct contact with the website, they cant 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 accounts.103
The statements discussing how Politos 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 Politos
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 TCPA 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 Andrews personal identity, such circumstantial evidence is sufficient to meet Polito and APPs
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 admitted 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 didnt [tell Polito about the media] until we had NBC contact them directly/i prefer the
surprise).

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forums; that the statements were false and defamatory, affecting Politos reputation for honesty
and integrity and, in turn, her profession; and that they made such statements with negligence
and malice. Several times Defendants admitted 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 plaintiffs 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 Politos
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 admitted 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 APPs
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 contacts 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 APPs 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 defendants 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 Intl, 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. Neelys 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 Neelys 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! Thats 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 Politos reputation and her business APP, as demonstrated by their joint conduct
described herein and by their own admissions.131 The two had a meeting of the minds on how to
ruin Politos business when they worked jointly in contacting 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 [Politos] business.).
132
Ex. B (Neely Dep.) 100:16-24 (Neely explaining Park Cities post whereby she requested media contacts),
108:15-109:11 (Neely explaining Andrew actually sent the emails to contact the media); Ex. D (Andrew Dep.)
49:20-51:25 (evading the questions whether he asked Neely about contacting the media, whether Neely suggested
or agreed to making such contact, 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. AppHouston [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 storys gist wrong may be held liable for defamation. Id. Accordingly, a
court must consider a reasonable persons 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 plaintiffs 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 hostage135 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
falseeither 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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APPs office manager.137 Stating that they never heard from Polito is not an opinion as if Neely
had said Im not sure, I dont 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
Politos statements in her post were all false.
Additionally, Defendants did want the public to believe that Polito and APP kept nickel
and diming139 them by charging hidden fees, evidenced by the various statements Defendants
made to that same effect without using this phrase.140 Yet Neely repeatedly admitted 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 Politos 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 admits 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 fulfill146 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 admitted 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

_____________________________________________________________________________________
PLAINTIFFS RESPONSE TO DEFENDANTS TCPR 27.001 MOTION TO DISMISS
230511

PAGE 26

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 admitted 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 contacted NBC.
While it was Neelys opinion or belief that Polito directed her friends to harass her, Neely
admitted 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 support
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 supporter of Polito, it is substantially true that Polito directed such
harassment.152 But most importantly, Polito has never met or spoken with this supporter who
lives in France; rather the supporter knew of APPs stellar reputation and a history of Neelys
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
Neelys father, and was not charged until ten days after the wedding.155 Neely admitted she was

148

Ex. B (Neely Dep.) 58:8-60:1; Ex. D (Andrew Dep.) 69:12-70:1 (Andrew admitting 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.

_____________________________________________________________________________________
PLAINTIFFS RESPONSE TO DEFENDANTS TCPR 27.001 MOTION TO DISMISS
230511

PAGE 27

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 Neelys 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 wasnt my credit card, so I wasnt 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.

_____________________________________________________________________________________
PLAINTIFFS RESPONSE TO DEFENDANTS TCPR 27.001 MOTION TO DISMISS
230511

PAGE 28

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]
Christina M. Mullen
State Bar No. 24092868
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 TCPR 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 TCPR 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 brides needs and
budget.
3.
In January 2014, we began consultations with Neely Moldovan for her October
2014 wedding and explained each aspect of the contractpricing, 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. Neelys 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 clients satisfaction, I contacted 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 StartPages 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 Neelys excitement posts are attached hereto as
Exhibit A-4 and incorporated by reference.
12.
Additionally, former clients have told me that Neely has also contacted 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 companys image as a reputable business. In particular,
various members of the photography industry have contacted 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 contacts 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 support 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 France.
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 contacts 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 effectiveand
damagingthe 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 contacts 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 contacts), 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

;;11 #t- day of June, 2015.

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

~---v-b1 jJ't/::I1) 11

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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.
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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.'

she's looking for the

perfect romance

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

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yamaha125200, salem, United States, 37 minutes ago

Amazing another badly, wrongly reported article. CONTACT 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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12

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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45

Mia Alta, knoxville, United States, 14 hours ago

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

Reply

Click to rate

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

Click to rate

197

Cory Monteith's
mother set to inherit
most of the late actor's
$810,000 estate after
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child
Died 18 months ago
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beauty in elegant white
dress as she speaks on
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Promoting documentary
on gender oppression
A SPECS-tacular look:
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sports glasses and
hipster clothing on new
movie set
In Atlanta, Georgia

Ajhuemmer, New York, United States, 15 hours ago

New Comment

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then! Ashley Benson
and on-off boyfriend
Ryan Good wear
matching beanies and
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split reports

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.

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Jenner chooses
comfort over style for a
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sister Khloe Kardashian

New Comment

Reply

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243

Having a day off from the

world of fashion

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 photographers 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

Reply

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181

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 photographers 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

Reply

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71

13

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

Reply

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71

Just making sure you

saw us! Justin Bieber
and 'good friend' Hailey
Baldwin get cosy in the
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down the window
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Moss steps out in
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pelt as she heads to
lunch with husband
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Her winter style
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and Kris Jenner look
glam as they arrive at
Heathrow airport ahead
of 2015 National
Television Awards in
London
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LAX with a mystery
brunette... after splitting
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years Freida Pinto
It was reported in
December they had split
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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

Reply

Click to rate

24

201

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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.

EXHIBIT A-8
IS FILED
UNDER SEAL

EXHIBIT A9
From: WordPress <
>
Date: May 15, 2015 at 7:03:47 PM MST
To: "
"<
Subject: ProPhoto contact 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 accounts for

Litigation Services | 1.800.330.1112

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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 contact 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 contact
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,

Litigation Services | 1.800.330.1112

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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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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 account attached to my blog,
6 specifically my blog.
7 Q And do you sell advertisement 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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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 remember.
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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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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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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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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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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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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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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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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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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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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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 Sign-in 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 sign-in 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 contacted 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 contact 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] to
9 [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 pass, 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 contacted 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 contacts.
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 contact 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 contact and request that they take your story?
17 A I do not believe I contacted any directly.
18 Q How many media companies did Andrew contact
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 contacting 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 signing 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 contacted me
16 after our story aired.
17 Q Okay. And when she contacted 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 account.
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 feedback to APP?
8 MR. BOYD: Objection. Form.
9 A I saw that there was public feedback, 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 contact 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 contact 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 contacted 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 contact?
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 contacted 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 contacted 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.

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 remember 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 account
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 accounts. 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 accounts?
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.

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 remember 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 remember. 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 remember when I
6 talked about that cheater and scammer comment on
7 Wedding Wire?
8 A I do.
9 Q Have you or Andrew contacted 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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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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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 supporting 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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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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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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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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www.litigationservices.com

NEELY MOLDOVAN - 03/03/2015

Page 216
1 NO. DC-15-00660
2

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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

Litigation Services | 1.800.330.1112

www.litigationservices.com

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 TRCP 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

__________________________________
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 TRCP

23 The original deposition was/was not returned to
24 the deposition officer on ________________________;
25 If returned, the attached Changes and Signature

Litigation Services | 1.800.330.1112

www.litigationservices.com

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

_________________________________
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

21
22
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24
25

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

EXHIBIT B17

EXHIBIT B27

EXHIBIT B36

EXHIBIT B39

EXHIBIT B41

EXHIBIT B42

EXHIBIT B43

EXHIBIT B44

EXHIBIT B45

EXHIBIT B46

EXHIBIT B47

EXHIBIT B48

EXHIBIT B49

EXHIBIT B50

EXHIBIT B51

EXHIBIT B52

EXHIBIT B54

EXHIBIT B55

EXHIBIT B57

EXHIBIT B58

EXHIBIT B59

EXHIBIT B60

EXHIBIT B61

EXHIBIT B62

EXHIBIT B63

EXHIBIT B66

EXHIBIT B67

EXHIBIT B68

EXHIBIT B71

In the District Court

2

Dallas County, Texas

134 th Judicial District

4
5
6

Andrea Polito and Andrea Polito

Photography, Inc.,

AFFIDAVIT

8
Plaintiff,

9
10
vs.

11
12

Neely Moldovan and Andrew Moldovan

Defendants.

13
14
15
16
17
18
19

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21
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26

27
28
I

I;
I

Cause No. DC-lS-03069

~ID~IT

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

swam, deposed as follow s:

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

acquai.lted with the fac ts herein stateo :

I,

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

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

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

12

("RECORDS"),

13

2.

14

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

15

STATIONOO I through STATION0038,

16

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;

17

I.

18

II.

STAT ION January 16,20 15 10 pm news cas!

STAT ION websi te posted on January 22, 20 15

19

4,

20

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

21

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

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:

5
6

California Notary

Acknowledgment attached
8

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10
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12
13
14

15

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19

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23

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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 contacted : N
May use Name : N

STATION0021

From:

Sent:
To:
Subject:

[email protected]
Sunday, January 25, 2015 1:43 PM
@NBC Uni UM DFW Feedback On The Site
Viewer E-mail -www.nbcdfw.com - Contact 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 Feedback On The Site
Viewer E-mail - www.nbcdfw.com . Contact 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 Feedback On The Site
Viewer E-mail - www.nbcdfw.com - Contact 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 Feedback On The Site
Viewer E-mail -www. nbcdfw.com - Contact 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 Feedback On The Site
Viewer E- mail -www.nbcdfw.com - Contact 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 Feedback On The Site
Viewer E-mail - www.nbcdfw.com - Contact 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 Feedback On The Site
Viewer E-mail - www.nbcdfw.com - feedback - 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 verify 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 Feedback On The Site
Viewe r E-mai l -www.nbcdfw.com - feedback - 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 verify 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 Feedback On The Site
Viewer E-mail - www.nbcdfw.com - feedback

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 verify 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 Feedback On The Site
Viewer E-mail - www.nbcdfw.com - feedback - 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 verify 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

STATION0031

From:

Sent:
To:

Subject:

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

STATION0032

From:
Sent:

To:
Subject:

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

STATION0033

From:

Sent:
To:
Subject:

hassml @hotmail.com
Wednesday, January 21, 2015 10:29 AM
@NBC Uni LIM DFW Feedback On The Site
Viewer E-mail www.nbcdfw.com feedback 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, contacted the photographer, maybe you
would have decided to not run this story you should be ashamed of yourselves!

STATION0034

From:

Sent:
To:
Subject:

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

STATIONOD35

From:

Sent:

To:
Subject:

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 passed 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 supported 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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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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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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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 accounts to delete them.
15 Can you explain how you were deleting
16 things from social media accounts?
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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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 blog in 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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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.

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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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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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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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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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 contact -- 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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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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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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1 decide you would start reaching out to contacts 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 contacts 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 contacted 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 contacting 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 contact
14 Inside Edition for your story?
15 A No.
16 Q Did Inside Edition contact 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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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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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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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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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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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 contacted the press, right?
4 MR. BOYD: Objection. Form.
5 A I don't know.
6 Q (By Mr. Wishnew) Well, did anyone else
7 contact 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 contacted 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 contacted 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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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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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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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 contacted 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 contacted 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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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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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 account?
7 A It could be. I'm not sure.
8 Q Have you deleted any information from your
9 Yelp account since January 12, 2015?
10 A Once links were to my Yelp account and people
11 were harassing Neely, I actually just closed down the
12 entire account.
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 account. 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 account 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 remember what I liked on there. It's
24 possible.
25 Q So the comment about AIDS, it definitely

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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 remember 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 accounts that you know of?
11 A Not that I know of.
12 Q Did you then alter your Yelp account 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 account.

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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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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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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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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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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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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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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 TRCP 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

__________________________________
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

25

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1 FURTHER CERTIFICATION UNDER RULE 203 TRCP
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

_________________________________
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

25

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EXHIBIT D74

[email protected] <[email protected]>
Tue, Jan 20, 2015 at 1 :36 PM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
Hey got a min?
andrew@andrewjm .com <[email protected]>
Tue, Jan 20, 2015 at 1 :38 PM
To: "Ashley Ousley ((580) 927-0641)" <[email protected]>
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 account but I stili see it
when i logout and look at her profile. Am I doing something wrong?
Ashley Ousley 580) 927-0641) <[email protected]>Tue, Jan 20, 2015 at 1:45
PM
To: [email protected]
Let me check. I was Irying 10 delele the comment 100 :)
[email protected] <[email protected]>
Tue, Jan 20, 2015 al 1:45 PM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
It lei me delete it bul it seems it only deleted it from Neely's view
Ashley Ousley 580) 927-0641) <[email protected]> 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) <[email protected]>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) <[email protected]>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 <[email protected]>
Tue, Jan 20, 2015 al 1 :48 PM
To: 'Ashley Ousley 580) 927-0641)" <[email protected]>
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) <[email protected]>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 blog in response to
all of this?
[email protected] <[email protected]>
Tue, Jan 20, 2015 a11 :51 PM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
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) <[email protected]>Tue, Jan 20, 2015 at 1 :52
PM
To: [email protected]

25/44

,,MOL000811

-\

Yeah il sounded good bul reading Ihrough iI, I was like lies, lies, lies, lies
[email protected] <[email protected]>
Tue, Jan 20, 2015 al 1:53 PM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
Ok. Gol il gone. I had to delete from both phone and website. I'm logged into all her accounts
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) <[email protected]>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] <[email protected]>
Tue, Jan 20, 2015 at 1:55 PM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
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) <[email protected]> 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

26/44

MOLOOO812

AAAAAAAAAAhAAAAAhAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAhAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

SMS with Ashley Ousley

[email protected] <[email protected]>
Wed, Jan 21 , 2015 at 11 :27 AM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
Ugh. Front page of GOMI
andrew@andrewjm .com <[email protected]>
Wed, Jan 21 , 2015 at 11 :27 AM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
Only a matter of time till she finds out
Ashley Ousley 580) 927-0641) <[email protected]>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] <[email protected]>
Wed, Jan 21, 2015 al 11 :29 AM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
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] <andrew@andrewjm .com>
Wed, Jan 21, 2015 at 11 :29 AM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
Now that's gonna blow up
[email protected] <[email protected]>
Wed, Jan 21, 2015 at 11 :29 AM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
nona me
453K
Ashley Ousley 580) 927-0641) <[email protected]>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] <[email protected]>
Wed, Jan 21 , 2015 at 11 :30 AM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
I agree
Ashley Ousley 580) 927-0641) <[email protected]>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] <[email protected]>
Wed , Jan 21 , 2015 at 4:39 PM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
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) <[email protected]>Wed, Jan 21 , 2015 at 4:41
PM
To: andrew@andrewjm .com

29/44

MOL000815

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] <[email protected]>
Wed, Jan 21 , 2015 at 4:42 PM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
Yeah . I just hope it doesn't fuel this all over again
Ashley Ousley 580) 927-0641) <[email protected]>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] <[email protected]>
Wed, Jan 21 , 2015 at 5:09 PM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
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) <[email protected]>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] <[email protected]>
Thu, Jan 22, 2015 at 9:19 AM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
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) <[email protected]> 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 <[email protected]>
Thu, Jan 22, 2015 at 9:22 AM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
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) <[email protected]>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] <[email protected]>
Thu, Jan 22, 2015 at 9:47 AM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
At work today
30/44

MOLOO0816

31 / 44

MOL000817

1II1I1I1I1I1AIIM. 1111111111111111111111111111111111111111111111111111

SMS with Ash ley Ou slay

[email protected] <[email protected]>
Thu, Jan 22, 2015 at 9:24 PM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
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] <[email protected]>
Thu, Jan 22, 2015 at 10:01 PM
To: "Ashley Ousley 580) 927-0641)" <[email protected]>
hHp:/lwww.nbcdfw.comlinvestigationslPhotographer-Who-Charged-Extra-for-Album-Cover-Sa
ys-She-Did-Nothing-Wrong-289532021 .html
Ashley Ousley ((580) 927-0641) <[email protected]>Thu , Jan 22, 2015 at 10:13
PM
To: [email protected]
They did good. I love that they called everyone one
[email protected] <[email protected]>
Thu, Jan 22, 2015 at 10:14 PM
To: "Ashley Ousley ((580) 927-0641)" <[email protected]>
Hopefully this helps Neely
Ashley Ousley ((580) 927 -0641) <ashleylatelyblog@yahoo .com>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] <[email protected]>
Thu, Jan 22, 2015 at 10: 19 PM
To: "Ashley Ousley ((580) 927-0641)" <[email protected]>
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) <[email protected]>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

38/44

MOLOOO820

EXHIBIT D76

EXHIBIT D77

EXHIBIT D78

EXHIBIT D79

EXHIBIT D80

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EXHIBIT D83

EXHIBIT D84

EXHIBIT D85

EXHIBIT D86

EXHIBIT D87

EXHIBIT D88

EXHIBIT D90

EXHIBIT E

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
Download 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 account 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 supporting 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 supportive 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 support 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 supporting 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 supporters 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 support 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 support. 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 admitted 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 contacted 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 supporters 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 accounts 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 pass. 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 pass
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
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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 account? 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 account 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
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Jan 24, 2015, 8:20 PM
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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 contacts 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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