# in Re Solid Software Solutions, Inc., D/B/A Edible Software > Texas Court of Appeals, 1st District (Houston) · March 25, 2015 URL: https://www.frixlaw.com/law-library/cases/4053435 ## Case - **Court:** Texas Court of Appeals, 1st District (Houston) - **Decided:** March 25, 2015 - **Precedential status:** Published - **Opinion:** Opinion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4053435 ## Opinion text NO. 01-15-00267-CV FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE 1ST JUDICIAL DISTRICT OF TEXAS 3/25/2015 12:01:47 PM AT HOUSTON CHRISTOPHER A. PRINE Clerk IN RE SOLID SOFTWARE SOLUTIONS, INC., d/b/a EDIBLE SOFTWARE Original Proceeding from the 215th Judicial District Of Harris County, Texas Trial Court Cause No. 2013-74668 RELATOR SOLID SOFTWARE SOLUTIONS INC. d/b/a EDIBLE SOFTWARE’ S APPENDIX E-F TO PETITION FOR WRIT OF MANDAMUS Gregg M. Rosenberg Texas State Bar No. 17268750 Tracey D. Lewis Texas State Bar No. 24090230 ROSENBERG SPROVACH 3518 Travis, Suite 200 Houston, Texas 77002 Telephone (713) 960-8300 Facsimile (713) 621-6670 gregg@rosenberglaw.com Attorneys for Relators TABE 2/26/2015 4:50:26 PM Chris Daniel - District Clerk Harris County Envelope No. 4304972 By: GAYLE FULLER Filed: 2/26/2015 4:50:26 PM CAUSE NO. 2013c74668 ANDREA FARMER § IN TBE DISTRICT COURT OF Plaintiff, § § v. § BARRIS COUNTY, TEXAS § HENRI MORRIS and SOLID SOFTWARE § SOLUTIONS, INC. d/b/a EDIBLE § ~ SOFTWARE § 215TH JUDICI~~ISTRICT ~a Defendant. 0~ DEFENDANTS' REPLY TO PLAINTIFF'S RESPONSE T " FENDANTS' MOTION '~ TO DISMISS OR ALTERNA TRADITIONAL MOTION FOR SUMM JUDGMENT ffJ COMES NOW, Hel11i Mortis (''Defendant ~~) and Solid Software Solutions, Inc. d/b/a Edible Software {"Defendant Edible Softw~~ collectively ("Defendants"), h1 the above- styled and numbered cause of action, filin~~eply to Plaintiff's Response to Defendant's Motion to Dismiss or, alternatively, ~~ for SI!111maty Judgment on Plaintiff's claims of ocr assault and invasion of privacy on t~sis of Defendants' affinnative defense oflimitations and 0 failure to adhere. to the TCHRA~11inistrativt: requirements. Ul!;di~ I. INTRODUCTION Plaintiff's respo~ does not question any ofthe facts applicable to Defendants' bases for ;!£,@" . .its Motion to. Di~or altematively its Motion for Summary Judgment. Instead, Plaintiffs g factual and ~sertions urge this Court lo iguore the filet that Plaintiff did not plead a claim of sexual assault because the requisite elements are not present based on the facts of tlus case and Plaintiff's own testimony. Plah1tiff attempts to characterize Defendants' Motion as "cynical" and "delusional" however, Defendants have taken the cle. \4. 2 Tex. R. Civ. P. 45(b). 2 petition is fiat a license to read into i:he petition a claim that it does not contain. TI1e petition must give fair and adequate notice of the claims being assetied. If it cannot be reasonably inferred that the petition contains a given claim, then the claim cannot be somehow created to for instance, avoid a statute of limitatiOJts defense. 3 As will be further explained herein, the five year statute of limitations for a suit for perso11al injury is applied only when 'll» injtuy is as a ~'0· result of conduct that violates sexual assault, aggravated sexual assault, c~uous sexual abuse of a young child or childroo, 1:rafficki11g of persons, or compelling ~~tution. 4 Plaintiff now ~ claims thatthis is a sexual assault action but has pled nothing t~ Defendants fair notice that such a claim was being made. Therefore, Defoodants' t"~ the claims at "face value" is o~"' exactly il1line with what the Texas Rules of Civil Proced~nmtdate. Plaintiff pled the following: ?5} o~dl Defendant MORRIS intentionall)b~sed physical contact with P. laintiff FARMER directly a11d~:fhrtll·gh the instrumentality of dmgs, while he knew or should reasol't lmve k.nowfi that FARMER would find that contact offet1sive or~ ocative. 5 Assault occurs when: ~ ~ontact A person int.er.1tionlJ!'liYQr k.n..owiugly .. causes p.hy.sicaJ another when t11e ~n knows or sl;ould reasonab~y believe that the witl1 ot11er wtll regaft»~'tontact as offenstve or provocatt.ve. 6 The Plaintiff's petitio!l ~·ors, almost exactly, the lm1guage of assault, not sexual assault. ~ In suppo~1et: proposition t11at §16.0045(a)(l) should apply in the instant case, ©i Plaintiff oit~tephanie M v. Copti¢ Orthodox Patriarchate Dioce$e o.f S. U:.S., 362 S.W. 3d 656, 659 (Tex. App. -Houston [14th Dist.] 2011, rev. den'd). First, in Coptic Orthodox the issue was, "whet11er the five year statute of limitations applicable to petsonai injury claims ~ Flowersv. Flower:;,407 S.W.3d 452,451-458 (rex. App. -Houston, 2013). 4 Tex. Civ. Prac. & Rem. Code §16.0045(a)(l)-(5). 5 Pl.'s Original Petition, .at 11 l.Q. 6 Tex. Penal Code §22.01(a)(3). 3 arising as a result of sexual assault applied only to suits against the pe1petrator of the sexual assault, not to suits against third-parties who are alleged to have negligently supervised the perpetrator or negligently failed to institute policies or procedures designed to prevent such behavior.'' 7 That is not the issue here. Defendants have asserted in their motion to dismiss or alternatively motion for summary judgment that the two-year statute of ]~lions applies ~!}""-- because this is a civil assault and invasion of privacy claim not a sexual a~ claim. Additionally, the petition in Coptic Orthodox clearly put theo~ndants in that case on ~ notice that th(;l cause of action was for sexual assault, not asQ~ Specifically the plaintiff's petition read as follows under "cause of action": ,~ 0~ Upon trial of this case, the evidence will ~ that Stephanie M., whose date of birth is Nowmber 24, 1986~as sexually assaulted, as defined by §22.011 of the Texas Penal oC~e, in Harris CoU!lty, Texas, byDefendant. .. 8 ~ ~ In the Appellate Court's opinionr:g,~g the trial court's grant of the defendant's 1liotion for summary judgment based op,..,~tute of limitations, tl1e coort did state that "talcen !f:JJV!g together, the provisions of section t~45 unambiguonsly show a legislative inte!l.t to provide victims of sexual assault ... mo;r_~9me to seek dan1ages for their injuries."9 The key phrase in ~~ that conclusion is ''sexuaJU$Sj\jft." In this case, Plaintiff did not plead sexual assault and does not assert facts to fal10 ~r Section22.01I(a)(l)(A) of the Penal Code which Plaintiff claims is ~ applicable. 10 lrtst~qlaintiff asse1is language that mhmrs the civil assault elements and/or iQ cause of acti~~ 7 Stephan.ie M. v. Coptic 0!'thodax Patriarchate. Diocese of S. U.S., 362 S.W. 3d 656, 657 (Tex. App. - Houston [14th Dist.]20U, rev. den'd). 8 Stephanie M. v. Coptic Orthodox Patriarchate Diocese afS. U.S., 362 s.w. 3d 656, 657 (Tex. App.- Houston [14t11 Dist.] 201l,rev. den'd)(Second Amended Original Petition, NO. 2008-523&2, at p.2), Ex. A. 9 StRplumie M. v. Coptic Orthodox Patriarchate Diocese of S. U.S., 362 S.W. 3d 656; 659 {Tex. App. - Houston [14th Dis!.] 2011, rev. den'd); see also Pl.'s Resp. to De£'s MllvlSJ at p.. l3. IOp].'s Resp. to Def.'s MIMSJ, atpp. 16-17. 4 Plaintiff indicates that Defendants "never once" cited the statute, Texas Civil Practice & Remedies Code Section 16.003(a) in its Motio11 to Dismiss and Motion for Summary Judgment to imply that Defendants did not cite to the statute because it does 110t apply. This is simply not the case. Interestingly, .although Plaintiff does not apply that same assertion to her own Petition which also does not once cite the Texas Penal Code for sexual assault, SectiliJ>=22.001{a)(l) , ijv even though she goes to great lengths to convince this comt that it somehcQould apply now in ~ order to .avoid the correct, two year statute of limitations for her as~nd invasion of privacy causes of action. ~~ B. Civil .Practice and Remedies. Code §16;0~.45(..a) is i~~Iicable to the facts ofthis case and therefore the five-year statute ofllll11tal;ions~ot apply. Plaintiff now asseJts that this case is "clearly #Ilj)ted by the provisions of Civ. Prac. & Rem. Code §16.0045(a) which provides for an ~ble five (5) year statute of limitations.''11 First, Plaintiff admits that her petition asseti~as ofactlon f.or assault and invasion of privacy. Now, in order to avoid the stahlte of lhni~ons of these claims, Plaintiff suddenly asserts that :t:JJ"@ "her claims fall more reasonably o~he parameters of Civ. Prac. & Rem. Code §16.0045(a}, which provides fcr a five (5) ye~mitation period in cases involving sexual abuse.. .'' 12 (a) A persoil must;b~suit. for personal injury not. later than five years after the ~y the caus~~ction accrues if the injury arises as a result of conduct that vwlates; o r!fi} Q (I) S * 22.011. Penal Code (sexual assault). 13 ~rg Section22.0~fthe Penal Ccde, "Sexual Assault'' states in pettineilt prut as follows: A person commits an offense if th.e pe1·son: (1) inteJJtionally or knowingly: 11 PL's Resp. toDef.'sMIMSJ, atp. 12. 12 Pl.'sResp. to Def's MJMSJ, atp. 14. 13 Civ. Prae. & Rem. Code §l6.0045(a)(l) (West 2015). 5 (A) causes the penetration of the anus or sexual organ of anotl1er person by ru1y means, without the person's consent; (B) causes the penetration of the mouth of Mother person by the sexual organ of the actot, without the person's consent; or (C) causes the sexual organ of another person, without the pc!"son's consent, to contact or penetrate the mouth, anus, or sexual organ of anotl1er person,including the actor ... 14 that Plaintiffhas alleged occurred. Additionally, Defendm1ts are not * Defendants are not attempting to ignore fue facts of fue case or diminish or~~spect the events bl~the Plea Agreement signed by DefendaJJt Morris and/or tl1e Superseding Indictment in · . . o{f77 ~~imina! case. However, as is necessary aJJd appropriate, Defendants must apply fue laQ it stands to the facts as they are in this case. ¢~ .·~ state~~e Civil Practice & Remedies Code The five year statute of limitations as §16.0045(a), on which Plaintiff now intends to~s only applicable if tl1e injmy to plaintiff arises as a result of co11duct that violates Se~Q2.011 of the Texas Penal Code. Plaintiff even admits tllis and refers to the reqliiremen~flenetration of the sexual organ of another person by any meaJJs, without that person'~~ent. 15 Plaintiff attempts to gloss. over and ignore the meaning of "sexual assault" a~e elements necessary for a person to be guilty of suc!J offense. Tims Defendm1ts will adt:Feaeh in tum to show fue inapplicability to the causes of action herein and. therefure QI~ason why Plaintiffplead. as.sault m1d invasion of privacy not personal ~ injury caused by~ assault as she now claims. g Sex~ult with regard to Civil Practice. and Remedies Code §16.0045(a} is governed by the defi1lition contained within Sectimi 22,Dll of the Penal Code as clearly delineated within its text. TI1erefore, as Plaintiff is not a child, in order for § 16.0045(a) to apply, Defendm1t would 14 Penal Code §22.01J(a)(l)(A)-(C) {West 20l5)(Note: Defendants Qid not include the text of §22.Qll(a)(2) because it applies to a child and.is therefore inapplicable in this case). 15 Pl.'s Resp. to Def.'s M/MSJ atp. 16. 6 have had to cohlmit sexual assault under Section 22.011(a){l) of the Penal Code. As to the. first two ways to meet the requisite element of sexual assault, "penetration" is required. In her recitation of the facts, Plaintiff states that she felt certain that "she was physically violated because she had redness i11 her vaginal area and bruises on her a1m and "hip area" Although she did not feel she had been raped, she felt like .she had "b~touched" a11d @ she was sore in her "female regions", especially on the outside."16 Specifi~, Plaintiff testified ~ as follows: 0~ ~ Q: ... Do you believe you have been sexually violate~ A: Yes. .~ 0~ Q: In what fashion? ifij? A: I was having pictures taken of me w~tl"~ ~· clothes oft: Q: Okay. Anything else !hat wo,~ad you to believe you had been sexually violated? ~u~- A: I felt like _J had beenlike~~1ed, but not like- like it didn't feel like anybody had sex w1th me. tdP Q: but I was l!ke kind ~e in my female regions. A: You believed y~re sore in yDur female regions. ©>""' Q: Yeah - h~Y- like on the outsideY Plaintiff's ~·~tilnony h1dicates.that no penetratibil as set forth in Texas Penal Code ~ o . Section 22.011~ A) or (B) took place. Plaintiff also offers no facts to support an offense of sexual assau~der Section 22.011 (a)(1 )(C). 18 16 Pl.'s Resp. to Def.'s MSJ, at p, 7 (citing Farmer Dep., at99:12-22), 1' Fanner Dep., atpp. 9~:20-100:10, Ex. B. 7 In evaluating a similar situation where the plaintiff did in fact plead assault and sexual assault but the facts revealed tbat the statute of limitations had e:>.'Pired on the assault claim and the alleged actions of Defendants did not meet the elements and/defmition of sexual assault in the Texas Penal Code, the court determined that the defendant's motion fot sui11mary judgment on those grounds should be granted with prejudice. 19 Similarly here, Plaint~annot i}~y simply avoid the two-year statute of limitations for personal injW'y although ~oes not meet the ~ requisite elements for sexual assault in which the five-yem· statute of l~tions would apply. "~""'-. Plaintiff incotTectly cnncludes that, "Ms. Fanner ma~ry clear in both her FBI statement at1d her deposition t(lstimo)IY that her vaginal regia"~:; red and sore, indicating to her 0~ at least some degree of penetration, although she did ~elieve she had been raped."10 As outlined in ti1e excerpted deposition testimony of j,>lsff above, she did not say that there was tf!" "some degree of penetration." Plaintiff now 1~ this faqtually baseless cnnclnsion tb attempt to push her claims into §16.0045 to avoid +dants statute of limitations defenses. Plaintiff cites to Mayzone ~.1/!sionary Obliates ofMary Immaculate of Texas, to $Upport its assertion that a five y~tute of li111itations applies where the plaintiff btings suit for personal injury caused ~~nal assault or aggravated sexual assault.21 However, in Mayzone, plaintiff Ma~"led a lawsuit alleging that he was sexually abused by Defendant when he was a mi~~refore, the claims asserted therein were related to Section22.011(a)(2) as to ti1e sext~~a®lse of a minor child. The, instant case is clearly distinguishable ;fi·om sexual abt)Se of a 6~ -----·------ 19 Ccu-r"ion v. A..rawi, No. DC1403691, 2014 WL 6682548 (Tex. Dist.- Dallas County, Nov. 10, 2014)(dting Tr. Ct. Order, 101" JudicialDist), Ex. C. '0Pl.'s Resp, to Def.'s M/MSJ, atp. I 6-17(citingFarmer Dep. 99:20-100:7). 21Pl.'s Resp. to Def."s M/MSJ, at p. 19 (citing Mayzone v. Missionary Oblates qfMmy Immacu]JJte of TeJ({IS, No; 04-13-002.75-CV, 2014 WL 3747249, at *3(Tex. App.- San Alltonio, July 3, 2014). 8 As to Plaintiff's ilwasion of privacy claim, Plaintiff asserts that the "claim is a pari and parcel of her sexual violation."22 It seems that Plaintiff is trying to assert that the invasion of privacy claim must then have a five-year statute of limitations instead of a two-year limitations. As set forth in Defendant's Motion, the ii1vasion of privacy statute oflimitation is clearly stated within Texas law as being two years. The fact that nude pictures were taken oi'5P'hintiff does not . ~~ suddenly extend the two year statute of limitations on an invasion Qivncy claim, and Plaintiff's point to. no. case law stating same. In fact, in Wood v. ~r Magazine, Inc., 736 ~ F.2d 1084 (5th Cir. 1984) plaintiff and her husband brought a~ against Hustler magazine alleging invasion of her ptivacy when it published a nude ,&to graph of her. In finding that o:!f!jF Toxa$ law applied to the case, the Court determined ~-year statute of limitations for tl1e invasion of privacy claim. "Texas courts constn,Je ~es of limitations strictly, 1·eqt1iring tllat O~JI an action be specifically excepted in order~void application of the general statute of limitations.'>23 Similarly here, the two-ye~tute of limitations mnst apply as Plaintiff's claim is clearly pled as "invasion ofptivacyt"0@! Plaintiff's sudden relianc{]l.~ex. Civ. Prac. & Rem. Code §16.0045 is simply an attempt to defeat Defendants' J~ations defense ahd a futile ©~ . attempt to utilize the extended five- year statute to bring ass~Yd invasion ofprivacy c1 aims under tl1e purview of sexual assault. C. The Statu~#nitations should not be Tolled Plaintiff'~rtion of fraudulent conceahnent as an affinnative defense to a statute of .~~ .. . JimitatiO\Js IS::;i;l!isplaced ru1d inapplicable to t11e instant case. Plaintiff claims tl1at fraudulent conceahnent makes her invasion of privacy claim timely even if the Court wete to. apply the tWo- year statute of lin1itations because Plaintiff allegedly "leat11ed of the photos ru1d what they 21 Pl.'s Re•'P· to Def. 's MIMSJ, atp. 17. :n Wood v. Hustler Magazine, Inc., 736 F.2d i084, 1089 (5th Cir. 1984). 9 showed only after the FBI seized th.em ft·om Morris and showed them tO her in May, 2012. "24 This assertion is without merit Fraudtdent concealment is based upon the doctrine of equitable estoppel. If proved, the defense of fraudulent concealment estops a defendant fi·omrelying on the statute of limitations as an affinnative defense until the plaintiff discovers or, through reasonabl~~gence, could . ~ discovqr its cause of action? 5 Therefore, under the facts of tl1e. pr~ case, Defendants challenge Plaintiff's fraudulent-concealment defense, and in es~1er equitable-estoppel defense. 2 Pl.'s Re-'lp. to Def. '.s M!MSJ., at p. 21. 1.1 Plaintiffs asseJiitm that Defendants have. waived their right to file a motion to dismiss in this case based on the affirmative defense of limitations pursuatlt to Texas Rule of Civil Procedure Rule 91a is flatly incon·ect. Texas Rule of Civil Procedure Rule 9la states; Except in a case brought under the Family Code or a case govemed by Chapter 14 of the Texas Civil Practice and Remedies Code, a party may move to dismiss a cause of action on the grounds that it has no basis in law. ~ct. A cause of action has no basis in Jaw if the allegations, taken as ~ether with inferences reasonably drawn fi·om them, do not entitle the c!aY~tto fue relief sought. A cause of action has no basis in fact if no re~ble person could believe the facts pleaded. 33 ~ 0~ The clear l!tngoage of Rule 91 st::ttes that a party may move to~iss a cause of action on the n& grounds that it has no basis in law or fact. Rule 91 does n~.-ndate that a patiy tl1nst take this action pui'snant to tlus rule. Plaintiff claims tllat a ~~a motion to dismiss is the proper vehicle to assert an affit1native defense of limita~ 4 Then Plaintiff attempts to stretch this F~ assertion to cover her own creative assertit\uaat this automatically means that a motion to dismis.s at any other time is suddenly "uni:iMy." This is not the scope of Rule 9la. Instead the rule is a vehicle to provide an expe~ay to get fue court to review a baseless claim early on co~ust grant .or deny tlte motion within 45 days and is not in tlte litigation because fue -~~· before ruling on the. motion. Altematively, Defendants tcqnired to even conduct U~~1g . 5 5 also asserted such affi1!J~tive defense in its. motion for sununary judginent which is also a o%,(!JF proper vehicle for~defenses. E. The ~~ is the appropriate . vehicle for Plaintiff to bring a cll!inl against Defe~nt Edible however she fail~ to do so and is now precluded pursuant to its administrative requirements. llTex. R. Civ..P. 91 ~. 34Pl.'s Resp. to Def. 's M/MSJ, at p. 24. "Tex. R. Civ. P. 9.1 a. 12 In response to Plaintiff's assertion that the TCHRA only applies to "actions in the. workplace which implicate the conditions of employment" Defetidants. first assert that the location of the sexual actions being on business trips does not negate the applicability and subsequent administrative requirement of the TCHRA. In Dorn Hecker v. Malibu Grand Prix Corp., 828 F.2d 307, 308 (5th Cir. 1987), the district court found for a plainti~1ployee who resigned because of sexual harassment that involved the following inci~\at occuncd m1 out-of-town business flips; (l) a marketing consultant hired by Mali~d sent on a business .~ ttip with plaintiff employee put his hands on her hips in an ai~cket line and dropped his pants in front of the passengers while waiting to board the aWt;ne, (2) he touched her breasts ¢~~ and (3) he put his stocking feet on a cocktail table d~y in front of her and "playfully" choked her when she complained. The plaintiff in Pt!!JY!Iecker filed suit for sexual harassment pmsuant to Title VII and the court consideretJ~~uch although the actions took place away fi•om the actual woi'kplace while oil busine~ps, analogous to the.incidents in the instant case, In Gazda v. Pioneer Chlor Alkall Co't{f/J!! 10 F.Supp.2d 656, 665 (5th Cir. 1997) the plaintiff- employee was subjected to unwm~~exual conduct While on a business trip and such actions were evaluated hy the Court ·~ Title VU sexual harassment. All ofthe incidents related to ~ the case took place on ~Jness trip away from the plaintiff's usual workplace however, this did not negate th~#ation of Title VJI sexual harassment claim. 111erefore, Plaintiff's assertion thatth~~ed sexual actions took place "outside the workplace, in fact in a remote state" are h~~levant.36 Seco11d, Plaintiffs assertion that tl1e TCHRA has no application here is also without merit especially to Defendant Edible Software. Jn Wciffie House, Inc. v. Williams, the Texas Supreme Court held that "employer liability for unwanted sexual touching by a coworker 36 Pl.'s Resp. to Def.'s M/MSJ, at p. 31. (simply assault under Texas law given its 'offensive or provocative' nature) is limited to a tailored TCHRA scheme that specifically covers employer liability for sexual harassment." 37 Plaintiff contends that this is manifestly distin&itlishable be.cause "Monis didn't abuse Ms, Fanner to "affect a tangible aspect of the employment relationship."38 To affect a term, condition, or privilege of employment, the harassme~ust be sufficiently severe or pervasive to alter the conditions of the victim'~~loyment and create an abusive working environment. The alleged conduc~ust be both objectively offensive, meaning that a reasonable person woul~ ~ it hostile and abusive, and subjectively offensive, meaning that the vic~rceived it to be so." Further, it is examined under a ''totality of the cir~nces" test, which considers "the frequency of the discriminatory conduct~ severity; whether it is physically threateni11g. or hmniliating, or a me.re of.il~ ~. utterance; and whether it unreasonably interferes with an employee's work onnance. 39 {{{fj Plaintiff misstates th.e meaning of "affect a term, c~tion or privilege" of employment by ~~ stating that the conduct that forms the basis o~~tiffs claims must not be applicable to the TCHRA because Defendant Monis did n~Qe such actions with the intention to make an 0 eJnployrnent decision or affect a con£1;;1>hm of her employment TI1is argument is in fact tlf nonsensical. There is no require1~at there be evidence that the employer "intended" to make an employment decisi~r affect a condition of her employment. TI1e key is the conditions imposed, 11ot ~mployer's state of mind.40 Here Defendant Morris' unwanted sexual touching, as ~~d by Plaintiff, is governed by the TCHRA as to employer liability (Defendant Edibl~~lity). As Defendant pointed out in its Motion, l'lai11tiff testified that this 0 unwanted s~ouching did affect tenns and conditions of her employment because she felt uncomfortable around her supervisor Defendant Monis and began looking for other employment '' Wlfffle House, Inc. u. Tiflilliams, 313 S.W.3d 796, 802-803 (Tex. 2010). 1> Pl.'s Resp.to Def.'s MIMSJ, at p. 30. 39 Paul v. Nortlwop Grumman Ship .5Ys., 309 F. App'x 825, 827'28 {5th Cir. 2009)(internal citations omitted). 40.McCawan v. Software Spectrum, Inc., No. 08-00-00077-CV, 2002 WL 505138, at *7 (Tex. App.- El Paso April 4,2002). 14 because of the sexual harassment. 41 TI1erefore, Defendant'.s a.ssertion that Plaintiff cannot point to a single, "tenn, condition, or privilege of the plaintiff's employment" affected by the harassment is untrue. Hostile work environment sexual harassment occurs when an employer's conduct ''has '0;~· #J; the purpose or effect of umeasonably interfering with an individual's worli0:.-fonnance or creating an intimidating, hostile, or offensive enviromnent." By Plainti~n recitation ofthe facts, Defendant Morris' conduct had the effect ofunrea.sonably crea~n intimidating, hostile ' ~"" at1d/or offensive envirotm1ent. She testified that she spoke wQ~fendant Monis about what happened while on the business trip and told him it was inap1~riate, \vt'ong and that she needed. ~ to find a different job. 42 Plaintiff did in fact start lo~~ for another J'ob due to Defendant Morris' conduct. 43 Her actions a11d feeling that. ~~auld not work with Defendant Manis ~ anymore also gives rise to a constructive alt~ of the te1ms or conditions of employment althongll not culminating in a tangible en~ent actiou.44 Plaintiff cmmot try to avoid the administrative pre-requisites of the 'I~~@)· now by a.ss.etting that there was no creation ofan . ~ intimidating, hostile or offensiv~iromnent. Tiris is wholly inapposite to Plaintiffs own testi1110ny. ~ A hostile work~Yonment sexual harassment claim was the exclusive remedy for Plaintiff to bring ~s{~~gaiust Defendant Edible for sncl1 conduct as asserted here, which took place on a busin~ip drui:ng her employment by Defendant Edible. The law is clear a11d also the legislati~~nt is also clear related to dmnage caps that conm1o11law claims do not have. In determining that the sexual harassment statutes precluded state common-law claims, the Texas Supreme Court noted tbat the state statutes 41 Def's MIMSJ, at p. 11 (citingFamrer Dep., at 27:13-16; 133:21-134:10, Ex. A). 42 Farmer Dep,, at 106:5-7, &. li. 43 Fanner Dep., at 29:1S-25; Ex. B. ~·Twig{and Fashions, Ltd. v. Miller, 335 S.W.3d 206, 217 (fex. App.- Austin, 2010). 15 have caps on compflnsatory and punitive damages available to a plaintiff that the common law claims did not have. Title VII has similar caps. The court noted that allowing conm1on Jaw claims to be pursued would allow plaintiffs to avoid those damage limitations.45 Allowing a common law claim to be pursued against Defendant Edible when the case falls within the purview of the TCHRA would be allowing Plaintiff not only to avoid the mandatory ~ administrative requirements but also to avoid damage limitations. ~Jf F. Defendants meet the.ir burden to establish the affirmativ~ d~~Q of limitations and therefore the alternative motion for summary judgments~ be granted. Plaintiff is misplaced in her assertion that Defend~~1mot meet the summary judgment standard in this case that the Plaintiff cannot meet ~neuts of her causes of action. Q~v That argument is inapplicable because the sm11maryjudrnt motion before the comt is based on affii1native defenses. 46 A defendant is entitle~9 ¢~ sununary judgment on an affnmative defense, such as limitations, if the defenddnclusively proves all the elements of the affinnative defense. To conclusively prov~il of the elements of the af:finnative defense, the movant mttst present su1ru11ary jud~iilll.t evidence that establishes each element of the ~15f;Jf'" affinnative defense as a matter of~~ If the defendant meets this burden, the plaintiff inliSt then produce evidence raising a g~e issue of material fact to avoid summary judgment on the (\) affinnative defense. 47 P~'f asserts that it has "more than met that obligation by compellingly demonstrating that h~ms are governed by tile Civ. Prac. & Rem. Code §16.0045(a)(1)'s five (5) year limita~eriod." .However, as explained herein, Plaintiff has brought forth no competent ~ary judgment evidence that she in fact pled sexual assault or that the requirements of Section 22.ol 1 of the Penal Code were met for her Claims to fall under . 2011). 46 Fl.'s Resp. to Def. 's MSJ, at p·; 35-36 ("Here, the Defundants have negated Mthing, much less any prima facie elements of Ms-. Frumel''s claims. H). 41 Vu v, ExxonMobil Cmp., 98 S.W,3d 318,320 {Tex. App. 2003). 16 §16.0045(a)(l) for sexual assault. Without such evidence, Plaintiff's attempt to raise a gem:dne issue of material fact to avoid summary judgment on Defendants,, statute of limitations defense fails. ill. CONCLUSION ~ For the foregoing reasons, Defendants respectfully requests th~ Court grant its Motion to Dismiss Dr alternatively, Motion for Sum111ary Judgment ~der that Plaintiff take ~othh~g for her claims against Defendants. Defendants fi:uiher r4!!tl;{iJ all other relief to which it !S enfltled. ,~ 0~ $ R,~ctfully Submitted, 0~ U~Is/ Gregg Af. Rosenberg ~ Gregg M. Rosenberg © Texas State Bar 1D 17268750 ,?~ ROSENBERG & SPROVACH ,rt,_"''U ~"" 3518Travis, Suite200 ~ Houston, Texas 77002 ~\ Tel: (713) 960-8300 ~~ Fax: (713) 621-6670 U©J Attorney-in-Charge for Defendants ~ OF COUNSEL: o~ ROSENBERG & ~VACH ATTORNEYS FOR DEFENDANTS {f:::© ~ 17 CERTIFICATE OF SERVICE 1 certify that a true aud correct copy of the foregoing instrument has been forwarded via electronic transmission aud hand delive1y on this the 26th day of February 2015 to: JeffreyN. Todd 312 S. Friendswood Drive Friendswood, Texas 77546 if~ (281) 992-8633 (Tel) (281) 648-863 3 jeff@actlaw .com ~ a Is! Gre M. Rosenbe ~ :~ GREGG M. ROSE .. G 18 ANDREA FARMER 7/11/2013 1 (Pages 1 to 4) 1 3 CAtlSE NO. 2012-65503 1 INDEX KER.I IJILL and MICHELLE BARNETT ' § IN THE DISTRICT COURT 2 ve. Plaintiffs '' 3 Appearances ......................................... 2 4 '' 55TH JUDICIAL DISTRICT HENRI MORRIS and SOLID 5 ANDREA FARMER SOFTWARE SOLUTIONS, INC., d/b/a EDIBLE SOFTWARE '' 6 Examination by Mr. Rosenberg ................... 5 Defendants '' HARRIS COUNTY, TEXAS 7 Examination by Mr. Cogdell ..................... 148 ****************~******"* ********* .ORAL AND VIDEOTAPED DEPOSITION OF 8 Re-Examination by Mr. ~berg ................ 222 "n 1~ iF~!@~ ANDREA FARMER JOLY 11, 2013 H "n * ************************ *** ****** Certified Question ... ................ 143 " ORAL AND VIDEOTAPED DEPOSITION of ANDREA FARMER, produced as a witness at the instance of the Defendants, 11 Signature and Chang~!... ......................... 239 " 17 18 and duly sworn, was taken in the above-styled and numbered cause on the 11th of July 2013, from 10:09 a.m. 12 Reporter1s Certifi~............................. 241 19 to 3:56p.m., before Molly Carter, CSR in and for the ~' 20 State of Texas, reported by machine shorthand, at the 13 21 offices of !J.S. Legal Support, 802 North Carancahua, 14 Suite 2280, Corpus Christi, Texas, pursuant to the Texas "23 Rules of Civil Procedure and the provisions stated on the 15 °~EXHIBITS ," record or attached hereto. 16 NU~ DESCRJPTION . PAGE 17 Exh~l Photo of Andrea and Comedian ............ 85 18 ~2 Photo of Henri and Comedian ............. 95 19 it3 EmailfromAndreatoHenri .............. 125 ~~hibit 4 Handwritten Notes on Back of Statement .. 1 9 ~ Exhibit 5 5/9/11 Facebook Po9t .................... 193 .o f:d2 Exhibit6 5/9111 FacebookPost .................... 193 1 :(d23 Exhibit 7 5110&11/11 Facebook Posts ............... 222 ~ 24 Exhibit 8 5/9/11 Facebook Post .................... 222 25 Exhibit 9 5111 &12/11 Facebook Posts ............... 222 2 4 1 APPEARANCES 1 Exhibit 10 5112 & 7/27/11 Facebook Po9t9 ........... 22 2 3 FOR THE PLAINTIFF(S): 2 Exhibit 11 7/27&29111 Facebook Posts ............... 222 MR. JEFFREY N. TODD 3 Exhibit 12 8/2111 Facebook Post .................... 222 The Law Finn of Alton C. Todd 5 312 South Friendswood Drive 4 Exhibit 13 8/2&8111 Facebook Posts ................. 222 Friendswood, Texas 77546 5 Exhibit 14 8/8/11 Facebook Po9t .................... 222 6 Phone: (281) 992-8633 6 Fax: (281) 648-8633 jetl@actlaw.com 7 8 9 10 9 10 11 11 12 12 13 13 14 " 15 16 FO~~;gjl~~~~~~:r HENRI MORRIS: 15 Fhm 16 17 Street, 4th Floor 17 Houston, Texas 77002 18 Phone: (713) 426-2244 18 Fax: (713) 426-2255 19 19 dan@cogdell-law.com 20 20 21 ALSO PRESENT: 21 22 MR. TOMMY KLING, VIDEOGRAPHER MR. DESTRY QUIROZ, VIDEOGRAPHER 22 23 MR. TREVOR MORRIS 23 MS. BETH JACKSON (Present ffom 10:09 to 10:38) 24 24 25 25 U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 2 (Pages 5 to 8) 5 7 1 THE VIDEOGRAPHER: Time is 10:09 a.m., lu1 1 A. Yes. 2 11th, year 2013. We are recording. 2 Q. Where did you live prior to that? 3 ANDREA FARMER, 3 A. 1117 North Austin Street in Rockport, Texas. 4 having been first duly sworn, testified as follows: 4 Q. And Rockport is in a neighboring county. 5 EXAMINATION 5 Conect? 6 BY MR. ROSENBERG: 6 A. Yeah, it's like 45 minutes away. 7 Q. _Can you please state your name, state and spell 7 Q. Okay. And how long did you live there? 8 your name for the record? 8 A. It was my parents' ~!!!;nee, so it was sort of 9 A. Andrea Farmel'. 9 like my permanent resid ~~ guess. But I lived tlter '1: 10 Q. Okay. Ms. Fmmer, we're going to put you on 10 from September ~- six- s. 11 hold for just one second. There's a technical issue that 11 Q. Where did yo prior to the Rockport 12 Mr. Todd and I need to address that really doesn't 12 address? ~ 13 concern you. So we're just going to forget about you for 13 A. 3000 s~tJont-- I can't remember my old 14 a second and address this, get it on the record, and 14 address~~ S~ont and Washington, Houston, Texa . 15 continue with your deposition. 15 Q. ~you do for a living today? 16 MR. ROSENBERG: Jeff, tell me ifl'm wrong, yo 16 A. Q~ for Konica Minolta, with a K. It's a 17 lodged an objection prior to the deposition starting 17 bus~'Yoiutions company, so I sell hardware and 18 contending that Ms. Jackson should not be here, and you 18 so e to different businesses. 19 were invoking the ruie. My position was that we notic 19 And how long have you been working for Konica 20 that Ms. Jackson and Mr. Morris, Trevor Morris would ~-,;:._malta? 21 here, in accordance with the appropriate Rules of Civil ~ A. Since February. 22 Procedure, and our position is you didn't object. You ~2 Q. Do you have a territoty? 23 said you're invoking the rule. 3 A. Yes. 24 We agreed to take it up later, with my riski 24 Q. Where is the territ01y? 25 the fact that Ms. Jackson might not be able tote ' 25 A. Well, I have vertical, so anywhere in Corpus rg 8 1 trial. ~ 1 and the surrounding area, and I'm verticalized into leg I 2 MR. TODD: That is correct~~Q 2 oil and gas, education, finance. 3 MR. ROSENBERG: Okay. ~ 3 Q. So you cover Corpus Christi in a multifaceted 4 MR TODD: Counsel tOr~tiff objects to the 4 area of their, ofKonica Minolta's -- 5 attendance of Beth Jackson. I' ifDfnecessarily --it's 5 A. Right, so as far east as VIctoria and as far 6 not an objection. I'm invoki rule at this time. 6 west as Kingsville. 7 It's anticipated that she's to testify at trial. 7 Q. Okay. Have yo~ ever provided deposition 8 As such, I'm involdn&(t;] e. If they don't mind the 8 testimony such as what we're doing this morning? 9 rule, then she shall~xcluded from testifying live at 9 A. No. 10 trial. 0 llii 10 Q. Have you spoken with anybody in preparation of 11 I further NN"bjecting to her attendance at any 11 this deposition? 12 other de , as she is anticipated to be a witness 12 A. Yes. 13 in this m , She's not a corporate rep. We haven't 13 Q. Who have you spoken with? 14. objec y attendance by Trevor MoiTis because he s 14 A. Sherri Zack, and her assistant, John-- I'm at 15 th~ ate rep. 15 a loss for John's name. I didn't know him that well. 16 'fk e will also be quashing any other depositions 16 Q. It's a him? 17 ofnonparties in this matter at this time. 17 A. Uh-huh. 18 Q. (By Mr. Rosenberg) Okay. Where do you reside 18 Q. Is that a yes? 19 ma'am? 19 A. Yes. 20 A. 3418 Austin Street in Corpus Christi. 20 Q. Okay. Sean is a man? 21 Q. How long have you lived at that address in 21 A. John. 22 Corpus Christi? 22 Q. Oh, John. 23 A. A year and three months. 23 A. I think his name is John. 24 Q. Bringing us back to approximately March of 24 Q. Okay. Whoe]sedidyouspeaktoinpreparation 25 2012? 25 fbr this deposition? U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 3 (Pages 9 to 12) 9 11 1 A. That's it. 1 restroom, to do whatever, maybe have a cigarette, 2 Q. Okay. You spoke to JeffTodd? 2 whatever it is you want to do, let us know. But I think 3 A. Not in preparation, but yes, I've spoken to 3 you heard-- or if you didn't hear, ru remind you-- 4 him. 4 the video disks or tapes last for about an hour, so there 5 Q. When did you speak with Mr. Todd? 5 will be a natural hour break. 6 A. Last Wednesday, the 3rd. 6 A. Okay. 7 Q. In person or over the phone? 7 Q. Even though you can anticipate what my questio 8 A. Over the phone. 8 may be, allow me to finish ~,.Q!.J.estion before you begi 9 Q. When you met with Sherri Zack and this person 9 your answer. It, again, aiatk.'~ihe court reporter to get 10 John, when was that? 10 a question-and-answet ript in sequence. 11 A. Yesterday. 11 A. I do have a ~on.Ji 12 Q. Was that in person or over the phone? 12 Q. Sure. ~ 13 A. It was a video meeting, conference. 13 A. Some ~~~estimony that I gave in my 14 Q. Okay. So you were here in Corpus Christi? 14 statement t~1Bi is actually about Beth, so I don' 15 A. Uh-huh. 15 nndersta~w that's an appropriate --lil(e will you 16 Q. And she was somewhere else? 16 just n G me questions about her or about the 17 A. In Houston. 17 stat~'rifthat I made about her, or-- that's what I'n 18 Q. Okay. Because you haven't provided depositio 18 ~a hard time with her being here. 19 testimony before and we're going along in a dialogue, I 19 ~· Yeah. 20 want to JUSt pomt out a few things that are a little bit ~li!!fj A. Because like some of my testimony is about he • 21 different in a deposition than are, than would be m ~ Q. I understand that. All I can tel1 you in 22 nonnal conversation. ~2 response to that is my role here is to defend the compan 23 Obvtously, you're being videotaped. And o~~VIOU r ~q3 m a case that other people have brought against it. 24 I'm sitting here at a table with vanous attendees 24 A. Right 25 the table, and we alllmow what each other's sa 25 Q You have provided infom1ation about allegation ~ 10 12 1 Correct? ~ 1 of conduct that relates to these claims. And I'm going 2 A. Uh-buh. ~ ~ 2 to be asking you what I believe I need to ask you in 3 Q. But the most important, the~~e get this 3 defense ofthe claims brought by those three people 4 r:c~rd official is by the presenc~"'Vcourt reporter 4 against my two clients. Okay? 5 s1ttmg between us. ,.__~ 5 A. Whatthree people? 6 A. Uh-huh. ~J"..-c§i)) 6 Q. Well, let me ask you --let me ask you, do you 7 Q. And she has this l~J)''t&achine with all these 7 know who the three people who brought suit against Edibl 8 buttons. Q 8 Software 8nd Henri Manis are? 9 A. Uh-huh. ~ - 9 A. I mean, I lrnow the people that it says on this 10 Q. Unfortuya~'4here 1 s no button for "uh-huh" 10 paper. 11 or "huh-uh." S~~n though I know what you mean wh n 11 Q. What paper are you referring-- 12 you say . . .'Ufi;or "huh-uh" or something ofthatnatur , 12 A. Keri Hill and Michelle Barnett. 13 I'm go~·n ~you if that's a "yes" or if that's a 13 Q. Bamett. And-- 14 "no." ~ ~f lmow what it is, but the way the record is 14 A. This is my subpoena. 15 o~ if I do that. 15 Q. Right. I-- thank you. I see it. There's an 16 A. Okay. 16 additional person who's joined named Stacy Stewart. 17 Q. Okay? So I'm not, I'm not going to be --I'm 17 A. Right. 18 not picking on you. I just, it's something we've got to 18 Q. Okay. So those three people-- 19 do until they figure out a way to get an extra button on 19 A. OJ{ay. 20 those machines -- 20 Q. --have brought lawsuits. Let me clarify. 21 A. Uh-huh. 21 Those tlll'ee people have joined in one lawsuit-- 22 Q. --we're done. Okay? 22 A. I understand. 23 A. Okay. 23 Q. -- against my two clients. Okay? I may be 24 Q. If at any time today you want to take a break, 24 asking you questions about comments you may or may no 25 except when a question's pending, of course, use the 25 have made to Ms. Jackson, but at this point, I'm not U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI- (361) 883-1716 ANDREA FARMER 7/11/2013 4 (Pages 13 to 16) 13 15 1 certain. 1 A. Once a month for the past year, and then 2 A. Okay. 2 sometimes a couple of times a weel(, depending on what s 3 Q. Okay. Where were you when you provided the 3 going on with the criminal trial. 4 video conference discussion with Ms. Zack and this 4 Q. Okay. Let's go to your conversation yesterday 5 gentleman named John yesterday? 5 with Ms. Zack and this gentleman, Jolm. 6 A. At the U.S. Attorney office at One Shoreline, 6 A. Uh~huh. 7 the Bank of America building. 7 Q. What did y'all discuss? 8 Q. What time of day was that? 8 A. They just, you kno*me to be honest and 9 A. It was 2:30. 9 tell the truth and take my~ with my answers. And i 10 Q. How long did it last? 10 was more of me soli~ nting to feel more 11 A. Two hours. 11 comfortable, becaus b iously I don't have any 12 Q. Was that the first time you've ever spoken with 12 representatlon~oom, and I wanted to get an idea 13 Ms.Zack? 13 of what was go~ happen and what a deposition is 14 A. No. 14 like. ~ 15 Q. On how many other occasions have you spoken 15Q. O~re you comfortable that you know what a 16 with Ms. Zack? deposi~ 'ke and what it's used for? 16 17 A. Four to six. 17A~e·, 18 Q. Four to six occasions? 18 # Y o u understand yom· testimony is under oath? 19 A. (Nodding head.) 19 . Yes. 20 Q. Yes? «'@ ~ Q. And that's the same oath that you will be 21 A. Yes. provided if you testify live at any other proceeding, not 22 Q. Nods of head, there's no button for that ~2 necessarily this one. 23 either. j ["- 3 A. So this, and possibly including the criminal 24 A. Right. ~ 24 case. 25 Q. Have you spoken with anybody else fron(~e . . 25 Q. Well, the oath is the ·same. I'm not here about ~14 16 1 2 Attorney's Office? rl A. John, who was there at the ~~epositiml. 1 2 the criminal case. A. Right. 3 Q. Right. Video deposition? ~~ 3 Q. I'm here about the facts. Some of the facts 4 A. Or not video deposition,~ conference. 4 overlap, and I'm here about certainly those facts. I'm 5 Q. Okay. ~ 5 ce11ainly not going to mislead my, my goal in asking you 6 A. And then anyone w~ wers the phone when 6 questions. There's-- as you lmow, there's some 7 call. 7 commonality in the facts. 8 Q. Okay. Have y~enwith a gentleman named 8 A. Yes. 9 Jocher? Wv~ 9 Q. Correct? But I can tell you, since you did 10 A. Maybe tJt'l!: ho was-- 10 ask, and I think it's a fair question, my understanding 11 Q. The oth~at --that might be John? 11 is that the oath is the same in federal-- in crimina] 12 13 A. Q. Ye~~t 0~ akes sense. I just want to make sure 12 13 court and civil court. A. Okay. 14 14 tha~ Q. No different than what you just were 15 • ell, I don't want to say that, because I'm not 15 administered. 16 sure what his name was. 16 A. OJ'orted it to anybody. 9 thought about it at all. 10 Q. Okay. -&~~re arc, however, allegations that 10 So he just mentioned that there had been some 11 you have rela~ Henri Morris and Edible Software'. 11 concern with Henri when he's in his relationship with hi· ~tell me approximately when it was that 12 12 female employees, specifically when he's traveling, if I 13 13 had anything that I might care to add to that or to say 14 Mr first contacted you? 14 about it. And I said, "Yes, I do." And so then they 15 early December 2011. 15 arranged a meeting down here to meet with me. I belie fC 16 Q. And how did he contact you? 16 it was in February. 17 A. He called me on my cell phone. 17 Q. All right. So you have this conversation with 18 Q. How did he initiate the conversation? 18 Mr. Gregory December of2011 asking you about conduct 19 A. Can you clarify that question? 19 aliegations against Mr. Mmris, who was your boss at 20 Q. Ycab. I mean, it's the first time you've ever 20 Edible Software. 21 had contact with this. with this gentleman. 21 A. Uh-huh. 22 A. Uh-huh. 22 Q. Correct? 23 Q. Correct? 23 A. Yes. 24 A. Yes. 24 Q. He was the President of the company? 25 Q. He's calling you on your cell phone. Correct? 25 A. Yes. U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 6 (Pages 21 to 24) 21 23 1 Q. And did you repmt to him? 1 A. There's probably m.ore. That's all I can tltink 2 A. Yes. 2 about, of right now. 3 Q. So did he tell you what other people were 3 Q. Okay. What are the things that Henri said that 4 alleging? 4 you observed or heard that were inappropriate? 5 A. No. 5 A. I can't think of a specific dialogue. 6 Q. He just, you just told him that you did have 6 Q. Okay. I know that it's been some time since 7 some experience traveling with Mr. Manis. 7 your disaffiliation-- 8 A. Yes. Andlthinkinitiallygoingin,Iwas 8 A. Uh-huh. ~ 9 more going to talk about, you know, since this was 9 Q. -- since you left Ed~'1oftware, but you've 10 something that I was keeping to myself, that I was more 10 had time to think abo]fb~~as going to haPpen today 11 going to talk about his relationship with his other 11 and what was going ~e place. You knew that we wee 12 employees, and maybe some-- 12 asking questions~ a case that at least two people, 13 I didn't know what had hap}lened. So obviously, I 13 from looking ar~tyle of your subpoena-- 14 had good and bad experiences at Edible Software. So I 14 A. Ub-h~ 15 knew that they were, depending on the nature of what w 15 Q. --~ainst Mr. Morris. Correct? 16 going on, I would definitely have something to say 16 A. ~ect 17 regarding that. 17 ~~coking back today, even though you rememb r 18 Q. So you, you felt thatthe nature of the 18 th~nri said things inappropriate, is it fair to say 19 conversation Mr. Gregory was having with you related to 19 r~)ou're unable to recall anything specific that you 20 Henri's relationship with other employees. ~~all him saying in the workplace that was 21 A. Yes. ~ inappropriate? 22 Q. Did you observe Herui's relationship with other ~2 A. I can recall things that he said that were 23 employees? Jt~q3 inappropriate to me. 24 A. Yes. ri."~ 24 Q. Okay. 25 Q. Which other employees did you observe H~~- 25 A. But I'm not keeping a dialogue of every ~ 22 24 1 interacting with? @l 1 inappropriate thing that Henri Morris said while I was in 2 A. I mean, I worked there for~~ 2 that office. It would be too much. 3 Q. Okay. Let me give you a b ~estion. 3 Q. So yom·, is it your testimony that Mr. Manis 4 Thank you. Sometimes lawyers~ d questions. 4 was constantly inappropriate in the workplace? 5 A. Uh-huh. 5 A. Yes. 6 Q. Did you observe any·- t untoward or 6 Q. So it never, it never stopped? T11ere wasn't a 7 inappropriate with the w· i treated other employee ? 7 time that he was appropriate? 8 Not talking about yo ,.-;·~ her employees. 8 A. I feel that in a given day, there may have been 9 A. Yes. ,~ 9 times in the day that he was appropriate, and times of 10 Q. Okay. W.~rd you observe? 10 the day that were inappropriate. But I would say on days 11 A. Sayi~g~s that were inappropriate in the 11 that I did interact with him and with other employees, 12 ~ffice, dri~excessively. What I deemed as 12 there ·was at least one thing in the day I would say that 13 mappmnEt"f · 13 I felt uncomfortable with, 14 15 Q"'~ ~~gging. 14 15 Q. And you worked there for how long? A. Three months. 16 Q. Okay. Anything else? 16 Q. And obviously, if! refer back to your prior 17 A. And I thought it was inappropriate when I sa~ 17 testimony, despite the fact that this happened on a daily 18 him pour something into Beth Jackson's drink at the 18 basis, you didn't report it to anybody. Concct? 19 Hancock Center in Chicago. 19 A. Who would I report it to? His son in HR? 20 Q. Okay. What's the Hancock Center? I should 20 Q. Timt would be one. 21 know this, but -- 21 A. Uh-huh. Actually, I think I did report it to 22 A. It's like one of the tallest buildings in 22 Henri and Allen and-- or sorry, Trevor and Allen and ha 23 Chicago. It's on Michigan Avenue. 23 conversations with them about the way that Henri spoke 24 Q. What else did you observe that was 24 me and how it made me uncomfortable. And not 25 inappropriate? 25 necessarily-- when I say "inappropriate," it doesn't U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 7 (Pages 25 to 28) 25 27 1 necessarily have to mean sexual. 1 Q. Well, you just said you could recall, so I want 2 Q. I understand. Inapprop1iate has-- 2 to know what it is you recall. 3 A. Inappropriate is just unprofessional. And you 3 A. SpecificalJy with me, or with others? 4 lrnow, I feel that given t11e short time I was there, yes, 4 Q. Let1s start with you first. 5 tl1ere were times that I brought it up to him, I brought 5 A. Can you repeat the question? 6 it up to Trevor, and I brought it up to Allen tlmt there 6 Q. Yes. Can you recall any instance where you 7 were things that made me uncomfortable about tlte way tlt t 7 observed Henri Morris act in either a sexually offensive 8 he spoke to his employees and myself. 8 or sexually mappropriate m~ to you, or manner to 9 Q. Well, I'm confused, because you just, in 9 you? ~~ 10 response to my question, you asked me a question -- I 10 A. Can I take a b · 11 don't want to assign a definition to the way you were 11 Q. Not when a q s n's pend mg. Yes, you can, 12 asking me, but almost dismissively, "Who would I report 12 but I want the que answered. 13 it to? His son?" 13 A. Yes, th re two times-- well, I would say 1 14 A. Right. 14 every time traveled witl1 Henri, I observed him 15 Q. And then, but then tell me that that's who you 15 being seJ@inappropriate with either Beth Jackso , 16 did rep01t it to. 16 one of~ents, or myself. 17 A. So I guess there were two times tltat I bad a 17 ~Yt·ight. You did want a break, and I told 18 conversation with Allen about Henri and his behavior. 18 ~cr?$ give it to you after the question, but before we 19 Q. Now, stop for a second. Allen, what do you-- 19 . r~~ break, is there anything you need to elaborate on 20 A. Morris, who was the HR representative for ~~t, before I ask you more questions? 21 Edible Software. ~ A. If you're okay with that answer, I'm okay witl ·ed 2 it. 22 23 24 Q. Thanks. That's what I was going to ask you. A. So, but I guess to answer your question, this ~~ 3 J Q. Okay. I just want to, like I told you, I'll is somebody that was very infrequently in the offinc~r'~ 2 4 give you a break any time you want it, except when a 25 The times that he did come into the office, itwas.rv' 25 question's pending. So you did answer it. I have a ©? 26 28 1 some sort of reprimanding. And I didu_'~llike it wa 1 follow-up, but if you need a break, let's go off the 2 a situation where I could sit down ~~e a 2 record now. 3 conversation with him about that.~~ 3 A. Okay. 4 And I think that when I did ~ Trevor about it, 4 THE VIDEOGRAPIIER: Time is 10:38 a.m. We'r 5 it was the response of, "Well~ -s just the way he 5 off the record. 6 is," and "Just ignore him." 6 (Recess from 10:38 a.m. to 10:50 a.m.) 7 Q. Okay. Did you~ive a pe"onnel manual 7 THE VIDEOGRAPHER: Time is 10:50 a.m. Weae 8 or harassment policy~ fthat type of 8 recording. 9 information -- ~ '" 9 Q. (By Mr. Rosenberg) Ms. Fanner, during the 10 A. No. ~~ 10 break, did you have any contact, e-mail, telephone or 11 Q. --from e Software? 11 otherwise, with the FBI, U.S. Attorney's Office? 12 A. J w~g told that it was being revised or 12 A. Yes, with the U.S. Attorney's Office. 13 Q. Who did you speak with? 13 th~~ urrcnt. 14 : . . Our testimony is you've never-- 14 A. Sherri Zack. 15 15 Q. What did you and Ms. Zack discuss? 16 Q. --received it. Forgetting for a second about 16 A. My objection to Beth Jacl{son being in the room 17 inappropriate and nanowing it down-- 17 Q. Okay. And what did she tell you? 18 A. Uh-huh. 18 A. She can't be in the room, because she's a 19 Q. -- to either something that falls into the 19 witness. 20 category of sexually inappropriate or sexually offensive 20 Q. That's what she told you? 21 at the workforce, do you recall anything that Mr. --that 21 A. (Nodding head.) 22 Henri Morris did in that definition? 22 Q. Okay. Well, prior to you speaking with 23 A. Yes. 23 Ms. Zack, we made a decision intemally, and we asked-- 24 Q. Tell us. 24 we realized it was making you uncomfortable, and we ask d 25 A. Can you be more specific? 25 Ms. Jackson to ]eave. U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 8 (Pages 29 to 32) 29 31 1 So w• the camera's only on you, so would you verity 1 because of the emotional state that I was in about what 2 that Ms. Jackson is no longer in the room? 2 had happened witl1 Henri and I at that time. 3 A. Yes, she's no longer in the room. 3 Q. We're going to get to I promise you we're ww 4 Q. Okay. And you feel better about that? 4 going to get to Henri and you in a second. 5 A. Yes. 5 A. I'm fine. I'm just trying to be as clear as I 6 Q. All right. What was it about Ms. Jackson's 6 can, and there are, you lmow, a multitude of reasons wh 7 presence that concerned you? 7 people do what they do. But at that time I just didn't 8 A. I just feel like -· the first time that the FBI 8 feellil ~2. A. Yes. Well, I can't •·ecaJJ. I was thinldng 23 Q. Did you ever ask Beth if that was the case? ~~ ~q 3 about this last night, and Trevor and I actllally took a 24 A. No. ;?~ 2 4 trip to Miami. But I can't recall when that trip was in 25 Q. So Hemi.'s story is Beth is consenting to this\~__))' 25 relation to the Aunt Sally's trips. They were close ~50 52 1 conducl? @ 1 together. 2 A. Beth is consenting to this condu~nd she's 2 Q. Now-- 3 very embarrassed about it, so do~~Jer about it. 3 A. So there was five trips total. 4 MR. ROSENBERG: He h~'>me dmt il was, 4 Q. Obviously, you don't have any civil claims 5 that we're down -- ..-....~ 5 against the company, and I'm not going to ask you about, 6 THE WITNESS: Ok!:?'~ 6 about things dmt happened, with Trevor there and Henri 7 MR. ROSENBERGi('y~ the last little bit. 7 not. 8 Let's take a break. ~~ 8 A. Correct. 9 THE VIDE~HER: Time is 11:20. We're off 9 Q. But I do need to ask, do you have any 10 the record. -~-J@:"'"" 10 complainls about Trevor's conduct at ail? 11 (Recess f~~~~ ~.m. to 11:23 a.m.) 11 A. No. 12 Tf ·~ GRAPHER: Time is 11:23 a.m. We a 12 Q. Okay. That eliminated a whole bunch of 13 recordi~1g~ 13 questioning. I appreciate that. 14 ' r. Rosenberg) Ms. Farmer, with regard to 14 The Aunt Sally situation, remind me what the 15 w 1.1 bserved with Ms. Jackson, tills whole line of 15 comptroller's name is al Aunt Sally's. 16 ql ing started when I asked you about sexually 16 A. You know, I -- in my statement to the FBI, I 17 inappropriate things you've seen with Beth, or with 17 call her Cheryl the entire time. And I just truly can't 18 people. You said il happened every lime ym1 traveled, 18 remember her name. I think I thought it was Jackie for 19 and ym1 referenced Beth, yourself, and there was one 19 couple of days, and it might be Joan. But again, that 20 other person. Who was the olher person? 20 was so long ago, and it was a brief relationship, and I 21 A. It was the comptTollcr for Aunt Sally~s. A 21 just feel that from the beginning of our relationship, I 22 client, or a prospect. 22 was calling her by the wrong name. So I can't be clear. 23 Q. For the client. All right. You shared some 23 I can tell you her position. 24 information with me about Beth, about d1e substance beinl;] 24 Q. Which is comptroller? 25 added to her drink. 25 A. Yes. U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 14 (Pages 53 to 56) 53 55 1 Q. And Atmt Sally's is a client of Edible 1 trying to separate myselffrom that, but it was a really 2 Software? 2 uncomfortable situation because of the le,•el that they 3 A. They weren't a current client at the time that 3 were both at. 4 I worked there. We were-- they were a prospect, and we 4 And at the moment that we got to the piano bar, 5 were trying to get them to close on Edible Software. 5 Henri said, "Come here. Sit down right here." 6 Q, Ws a praline, praline company? 6 Sat down. He was like, "What do you want to drink? 7 A. Praline. 7 And he was lil,e, "I got to take, I got to get her a cab. 8 Q. Cookies or candy? 8 I got to, she's got to go hom*'s too drunk. She's 9 A. Praline. 9 falling all over the place."to;.rt;;; 10 Q. Iknowwhattheyare. Ican'trememberif 10 Q. ThecomptrolleJ;b~~ 11 they're cookies or candy. 11 A. The comptroU~o I said, "No, I'll go with 12 A. They're candy, 12 y'all. We can all ~back to the hotel. I want to go 13 Q. Okay. What was the incident that you believe 13 to sleep anywaf~'-' 14 was sexually inappropriate between Hemi and whoever this 14 He said, "~0, no, you sit here. I'll come back, 15 comptroller at Aunt Sally's is? 15 I'm jus~· get her a cab. She needs to go home." 16 A. Well, there was a point in time that we had 16 Q 1 'e were you befme that? You were at the 17 gone to New Orleans to meet with them, and they met us u 17 hote~1 concierge level? 18 in the concierge lounge at t11e top oft11e, it was some 18 o~e were at the hotel at the concierge level. 19 sort of Marriott Hotel, to have a drink. 19 ~~ ~~d then you went to dmner? 20 Henri and the comptroller and Tom, who was theCFO ~J({J A. Then we went to dinner. 21 of Aunt Sally's at that time, they were drinking pretty V Q. Mr. B's? 22 heavily at the concierge lounge and at dinner. And then -edf2 A. Okay, 0 23 we decided to go to Bourbon Stl·eet. _~ ~d2 3 Q. I'm not, I'm not suggesting it. I'm asking 24 And Henri and the comptroller were very much !6t(@t 24 you. 25 on each other; Henri posing it as "She's hanging oG~ 25 A. T don't rl'ntember the name of the restaurant. & 54 56 1 because she's drunk." "Oh, come with us.~, I have 1 Q. How many drinks did you have at the concierg 2 three girls with me." That made m~£ l~omfortable at 2 level? 3 thattime. ~ 3 A. One. Did I have? 4 And then as soon as we got to ~e -I believe 4 Q. How many did you have? 5 it was Pat O'Brien's. It was so~~lr'eling piano bar on 5 A. One. 6 Bourbon Street that 1-Icn,;·~i w )'J?~ interested in going 6 Q. How many do you believe Henri had? 7 8 9 Q. With who? A. By myself. -~ a to. He left with her, and I tltere. 7 9 8 A. Three or four. Q. How about the comptroller? A. Three or four as well. 10 Q. I'm sony.<>!~"'-- I mis-askcd. Henri left 10 Q. At any point, did you see Henri adding any 11 with who?~~ 11 substance to the comptroller's drink? 12 A. Th toller. 12 A. No, other than more wine. 13 Q WI s originally at the dueling piano bar? 13 Q. Other than more wine? 14 ;-'the CFO, he didn't go. 14 A. (Nodding head.) 15 for Aunt Sally's? 15 Q. But that was open and notorious out of a 16 A. For Aunt Sally's. He didn't go. He went home. 16 bottle. Right? 17 So it was, walking from the restaurant to the bar on 17 A. Yes. 18 Bourbon Street, the piano bar on Bourbon Street, it was 18 Q. Okay. The reason why I ask it that way, I 19 probably like three blocks. 19 believe from your testimony at the Hancock Center, th 20 And when-- the comptroller, she was having a hard 20 substance added to Beth's drink was done in a 21 time walldng aud very much like hanging on Henri. And e 21 surreptitious fashion; he didn't want anyone to see it. 22 was reciprocating in what I felt like was an 22 A. Uh-huh. 23 inappropriate way. 23 Q: Right? 24 And Henri was trying to include me in that kind of 24 A. Right. 25 drunk walking, one girl on each side, And I remember m 25 Q. But here at the Marriott concierge. he poured U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI- (361) 883-1716 ANDREA FARMER 7/11/2013 15 (Pages 57 to 60) 57 59 1 it in plain view. 1 A. He didn't have anything. He left as soon as we 2 A. Correct. 2 got there, to take the comptroller home. 3 Q. Added the wine to the glass in plain view. 3 Q. What did you observe that was sexually 4 A. Correct. 4 inappropriate between Henri and the comptroller that 5 Q. And then y'all went to dinner. 5 night? 6 A. Yes, 6A. I think that tbe touching was sexually 7 Q. How many drinks did you have at dinner? inappropriate. 1 think that the amount of time that th y 7 8 A. Two. 8 were gone, maybe I would~..l!Jl it sexually 9 Q. How many drinks did Henri have at dinner? 9 inappropriate, I don~t k B;~}> think it's inappropriate 10 A. Well, we split a bottle of the wine. The 10 when-- I thought th inappropriate that they 11 reason I'm saying two is because I know that we split it, 11 were gone for so Ion r hotel was not-- it was a 12 so I think I had about two glasses, and tl1en Henri bad 12 couple of blocks-~' four at the most. I think it was 13 the rest. So about four glasses in a bottle. And then I 13 just two street~~ actually, though. 14 don't know if he had another cocktail. At the time it 14 And I ca~all, but not far enough to be gone 15 dido 't seem relevant for me to count his drinks. 15 for over ~~r. And I felt, based on their body 16 Q. Okay. 16 languQ"'fu each other, tltat it was possibly a 17 A. And then Cheryl and Tom, the CFO, they had t" 17 situ~~here they maybe just went to the room 18 bottles of wine between the two of them. 18 t~~r, because there was like a flirtation, I guess. 19 Q. Cheryl is the comptroller? 19 ~~· You just speculated? 20 A. I'm sorry, that's what I call her. ~1fj A. Speculated. 21 Q. I understand that, but I want to make sure ~ Q. No factual basis to know that anything sexually 22 we're-- &f2 went on between the two of them. 23 A. The comptroJier, yes. That's not her nam:~· ~ ~ F~our observation, was it offensive 11 Michelle Barnett? 12 toMs.Dev~ 12 A. One. 13 A.~ es,yes. 13 Q. Okay. So you were there with her a very short 14 Q. . mt --how would you describe the times 14 time? 15 wl~ as offensive to Ms. Deville? 15 A. Right. 16 A. -They had a very playful relationship, but at 16 Q. You didn't lmow her very well, I take it. 17 times I felt like that Brannen didn't think it was funny, 17 A. No. 18 that Henri joked with her about the way that she looked 1B Q. Did you ever talk with her about Mr. Morris, 19 or the way that she acted, and then might try and hug he 19 Henri's conduct? 20 to say, ''Oh, you know, I'm just jolting." And then she 20 A. No. 21 would kind of be like, "No, get off me." 21 Q. Let's now go into conduct that you've 22 Q. What would he say about the way he, she looked? 22 personally endured with Henri. I want to -- before we d 23 A. Well, I mean, he always commented on what 23 that, I want to get into just some background. It's my 24 everybody wore. So it might be the shirt that she was 24 understanding that you worked at Edible from May tmti1 25 wearing or the fact that she, you know-- I don't lmow. 25 Angnst 2001. U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 18 (Pages 69 to 72) 69 71 1 A. Correct~- 1 A. I was having a bad relationship with my 2 Q. Thais not correct. 2011. 2 supervisor at the time. 3 A. Right. 3 Q. Were you terminated? 4 Q. Okay. It'smyunderstandingyourespondedto 4 A. Yes. 5 Linkedin posting. 5 Q. What did they tell you were the reasons for * 6 A. Correct. 6 your termination? 7 Q. Were you living in Houston at the time, or did 7 A. For being late. 8 you come to Houston for that job? 8 Q. Tardiness? 9 A. I was living in Houston at that time. 9 A. ffit-huh. (',._ [(jj~ Q. So you were o ;;t~'W\jtk lookmg for a job when 10 Q. Were you living alone? 10 1 11 A. No. I had a roommate. 11 you connected with~ Software on Linkedln? 12 Q. Who was the roommate? 12 A. Correct ~ 13 A. Amy Horican. Amy Horican. 13 Q. How i~~ you been out of work? 14 Q. How do you spell her last name? 14 A. Two-~ half months. 15 A. H-0-R-1-C-A-N. 15 Q. Isit~ue that after you left Edible 16 Q. Okay. Do you-- are you still in contact with 16 Softw~u went back to work for Mattress Finn? 17 Ms. Horican? 17 ~~~ 18 A. Yes. 18 .~Herein-- 19 Q. How do you know her? 19 ~~~· In Corpus Christi. 20 A. My, she's a friend. A«!fi; Q. --Corpus. 21 Q. How did you meet? ~ A. It's a franchise, d/b/a Mattress Firm. 22 A. She is a childhood friend of one of my colle¥ -cd-2 Q. Got it. Tell --describe for me your interview 23 roommates. j~d23 process with Edible Software. 24 Q. Where did you go to college? r?~ 2 4 A. I was-- I got a phone call, and had been 25 A. University of Texas. __ U' 25 applying a few different places, and it was Henri. And I ~ 70 72 1 Q. When did you begin living with Ms. ~an? 1 believe I was running at the time. So I wasn't really £[) 2 A. In April of2010. .?.1Jx~ 2 like in a place where! could take notes. 3 Q. Do you know what Ms. Horica~n~ra living 3 Q. When you got thccall, you were on a run? 4 at that time? 4 A. Right. 5 A. She worlwd at Memoria mann. She was a NU U 5 Q. Okay. 6 nurse. ,...,.,(Q 6 A. And so I wasn't in a place where l could take 7 Q. Neonatal httensive -o~nit? 7 notes, but Hemi and his consultant, Charles Butler, were 8 A. Uh-huh. r( ~ 8 on speaker phone. So we had a brief phone interview, an 1 9 Q. Do you kno~'iiels still there? 9 Henri said, "You Jmow, I don't really know if this is the 10 A. She livcsyl~-!iton. She worl{s at Children's 10 right position for yon, if you're qualified, but I'd like 11 as a pediatricFrse. 11 for you to come in. Your resume and your cover letter 12 Q. Tex en's Hospital? 12 intrigued me, and I'd like for you to come in and talk 13 A. Ub" ~'-.) 13 with us. Can you come ht?" 14 Q:_ ~as your address in Houston? 14 And I said, "Yes.'' I believe that wns Tuesday. And 15 ~')8 was my-- no, that's my current address. 15 I said, "Yes, I can come in tomorrow for an interview." 16 Was ~00 Studemont, Apartment 33- I can't recall the 16 Q. So you followed that up with an office visit. 17 address. It was -- I believe it was 300 Studemont, 17 A. Uh-huh. 18 Houston, Texas, 77007, but I could be incorrect on the 18 Q. What was discussed thel'e? 19 street number. 19 A. He told me a lot about the company and his 20 Q. 'l1tat's okay. Why was itthatyoumoved to 20 expectations of what he wanted in the role, which was 21 Houston? 21 somebody who would be able to develop the marketing aJ 22 A. I moved to Houston in2009 to start working for 22 sales department, and to travel to these trade shows and 23 a company called, a retail company caHed Mattress Firm 23 be able to talk to people, and that there was a fair 24 out of coHegc. 24 amount of writing that would be involved, and that was, I 25 Q. Why did you lcaveMattl'ess Finn? 25 mean, in a nutshell what it was, U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 19 (Pages 73 to 76) 73 75 1 Q. Okay. How long did it take for you to be 1 Q. Did you, did you graduate from the University 2 offered a position? 2 of Texas? 3 A. I was offered the position that same day. 3 A. I'm one credit away from graduating, so no. 4 Q. Did you accept? 4 Q. Okay. One credit away? 5 A. I officially accepted on tbat Friday, when I 5 A. Ub-huh. 6 took in my offer letter to sign. 6 Q. Right now? 7 Q. So it was Wednesday when you had the inte1view, 7 A. (Nodding head.) 8 they offered you the position then, and then there was a 8 Q. What~- assuming y~ that credit, what do 9 process in which you obtained an offer letter? 9 you expect your degree to8Qnferred in? 10 A. Yes. I and I can't recall if it was tbat ww 10 A. ABA in soci?J9~~from the time you began at Edible until the-- 19 Q. What was the salaty? 19 ~:(~l'e ask it this way: How much time did, were you, v.fls 20 A. It was 48,000 a year, with commission, 3 A ~hat you were working at Edible until you took your 21 percent on each net sale of the software. ~ first trip? 22 · Q. How did that compare to what you were maldng ~t e_d2 A. Oh, two weel{S, 23 24 the Mattress Finn? J~d23 Q. Okay. How did that come about? How did the A. It was ntore. And I was making about th~ 2 4 trip come about? 25 in salary, and then I but I was going to be m:~)li 25 ww A. Well, Henri had planned on going to visit a i!!; 74 76 1 additional commissions at Edible Softwa~o it was 1 couple of clients there, and two ofwhicb were Ww 2 substantially more. rr:,~\f:J 2 Q. Where? 3 Q. What were your duties and re~~ilities when 3 A. In there's a client be wanted to visit in lU ww 4 you first stmted? 4 Philadelphia, and then one in New Jersey, one in Newar 5 A. To set up all of our soci tlit:dia, to maintain 5 Or I guess that's New Jersey as well. Somewhere in the 6 and learn how to maintain tl bsite, to Jearn how to 6 like country of New Jersey and then down in the ports of 7 demo the software, to rna Is to clients, like cold 7 Newark. So the first two were prospects. They weren't 8 calls. I would cold ca~ on clients who had, they 8 Edible Software clients. And then that he wanted to 9 had been talldng t~"fiad reached out to us saying they 9 visit a current and very old client in Ncwarlt, and then a 10 were interestedJ~oftware. And, and I would write 10 prospect in Connecticut, and then we were supposed to 11 different pieceus and marlwting type pieces about 11 visit another client in New York as well, but that ended 12 Edible Sort:41_~ 12 up canceling, 13 ~~~ave experience doing that type of work? 13 Q. Okay. 14 14 A. So he, upon this trip coming up, he said that 15 ~'Om where? 15 be thought it would be a really good learning experience 16 A. On the sales side, I sold with Mattress Firm, 16 for me and suggested that I go. 17 and I did sales training with them. And when I was in 17 Q. Were you excited to be going? 18 Learning Development at Mattress Firm, I wrote conten, 18 A. Yes, absolutely. 19 training sales content there. 19 Q. Had you ever been to the East Coast before? 20 And from a accounting and inventory standpoint, I, 20 A. I had been to the East Coast, like southeast, 21 in college, had worked at the Crowne Plaza Hotel and di 21 .but not Manhattan, New York area. 22 their inventory and accounting for food and beverage, 22 Q. So it was an opportunity for a new, a new 23 which was the bar, restaurant and room service. 23 expetience or to visit some place you hadn't been? 24 So I guess all of those facets combined. And I did 24 A. Yeah, but I mean, I've been a lot of places, so 25 trade shows for Mattress Firm as well. 25 you know, and I certainly it was a work trip, so I did ww U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 20 (Pages 77 to 80) 77 79 1 understand that it was going to be like in the ports of 1 Q. Where did you go? 2 New York as well, so, yes. 2 A. We went- Henri wanted to go to the concierge 3 Q. Which is where the clients are? 3 lounge, but since it was Sunday, it was closed. That's 4 A. Right. 4 how I remembered it was Sunday. And he-- so we ended p 5 Q. Especially the seafood people. 5 going to t11e bar and ordering food from the bar, because 6 A. Right. 6 that was the only thing that was open at that time. So I 7 Q. How did you -- what was your first stop on the 7 went down on my own, and then Henri ntet me like a coup e 8 trip? 8 of minutes later. ~ 9 A. The hotel. What client was my first stop? 9 Q. When-- how longwr§ there before Berni 10 Q. No. What city was first? 10 wasthere? ~ 11 A. PhiJadelphia. 11 A. Two minutes. U 12 Q. How did you get there?. 12 Q. Did you visi~1 Henri during that time you 13 A. By airplane. 13 were there? 0~ 14 Q. Did you travel with Henri or by yourself? 14 A. Yes.~ Q. Ord~ome snacks or fbod or something like 15 16 17 A. I traveled by myself. Q. Okay. Where did you first meet up with Henri? A. At t11e Philadelphia airport. 15 16 that? 17 ~h-mh. 2 18 Q. He picked you up, I take it. 18 0~ ow long were y'all there? 19 A. Yes. He, I think, had gotten in a little 19 ~· Maybe an hour-and-a-half. 20 earlier tlmn I had, so he went and got the rental car an 2D@Q. And what happened next? 21 then picked me up outside. ~A. l went to sleep. 22 Q. Okay. About what time of day was it that you ~~ Q. Okay. With ~~it was really frustrating, I remember, because 19 A. I don't know. 19 . r~""';'ve had BlackBerry forever, and I kn~w how to 1i e 20 Q. YoujustknowitwasinNewark. ~~kin secret folders and-- or not secret folders, 21 A. Right. ~but-- 22 Q. Okay. 2 Q. Hard to access folders? 0 23 A. Because the client that we were meeting the 3 A. Hard to access folders, right, and look in tltc 24 next day was in Newark. So we went to dinner, aJ!~ 24 files. And so that's what, in my miml, I wanted to do, ~~~~~~-out, and J don't remember anything up un~ki11 g 25 but I just couldn't think about like wltat I was doing or 82 84 1 up with like a pillow and some covers ovc1· ~ace and 1 how to do it or even like you know, I just remember w- 2 some blankets around my anKles and~~ somebody ta e 2 having tltis phone il1 my hand like "I've got to get this 3 a picture. And when I moved the co~ see, Henri's 3 picture off of here," but I couldn't even think to work 4 standing over me, and I'm naked\0 4 the BlackBerry. 5 And so I was so tired, and I j sfcouldn't even 5 So I just handed it back to him, and I was like, 6 So I think I like 6 "You need to leave." And I shut the door and locked it, 7 7 and then went back in bed and like laid there for a 8 like, "Wait, I'm not" w "'1 { hat's going on?" 8 second thinking li.ke, ''What in the world just happened? ' 9 And so I was lik~J JJCd up, and I was like, "What 9 And then I fell back asleep for like four hours. 10 arc you doing? ~r'!e!J" --did you just take a picture of 10 Q. Okay. I appreciate your recollection of the 11 me?" ~ 11 transaction, but I want to go back 12 And he , "What? No, no." 12 A. tlh-hult. 13 · {e, "Why are you in here? What are you 13 Q. The last recollection you have before waking up 14 dol~1 ?' (C "Get out of here, get out of here." I was 14 with the blanket around you, and as you've described for 15 Iii{ " :Q, I have to get the picture." 15 us, without any clothes on -- 16 An 1 was so disoriented and so confused, and the 16 A. Uh-lmh. 17 bed was just like really, like the covers were all 17 Q. --what's the last recollection you had? 18 fluffed up and there were pillows all around. And so I 18 A. I remember being at dinner, and I, it's Jikc 19 was just like looldng around, and I bad the covers pulled 19 really fuzzy. Like I really don't remember a lot, but I 20 around me, and I was like, "You need to give me that 20 remember there was some comedian there, and that Hen i 21 camera. You can'tltave that picture." 21 liked him, and he was like taking pictures of him and 22 He was like, "No, no, no. It's fine. It's fine. I 22 talking to ltim. 23 didn't take a picture. I didn't take a picture." 23 But it feels like, like I remember it and I know I 24 So then I dou't see the phone anywhere, and it's 24 was present and I know I was talking, but I don't know 25 kind of dark in the room. And so I'm like kind of trying 25 what 1 was talking about or if I was malting any sense or U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI- (361) 883-1716 ANDREA FARMER 7/11/2013 22 (Pages 85 to 88) 85 87 1 anything. But I know that there was a comedian there, 1 Q. All right. We know three things. We know that 2 and I know that I was sitting at like a table. 2 this is a picture of you and somebody. Right? 3 (Exhibit 1 marked for identification.) 3 A. (Nodding head.) 4 Q. (By Mr. Rosenberg) Take a look at Exhibit 1 to 4 Q. Correct? 5 your deposition. 5 A. Uh-huh. 6 A. Uh-huh. 6 Q. Yes? 7 Q. What is that? 7 A. Yes. 8 A. Me and a man. 8 Q. And we know that ~-$L,gicture was taken the 9 Q. Do you know who the ma:ri. is? 9 night. you 1re talking aboutJ~use this is what you wer 10 A. No. 1 0 weanng. ? ~if:@ 11 Q. Isthat--doyourecallthatasbeingthe 11 A. Yes. U) 12 comedian you're refening to? 12 Q. Okay. W~~were you before that? Whatever 13 A. I mean, obviously it is who it --like-- 13 place this pict~Y; taken in, where were you before 14 Q. l'mjustasking. 14 it? ~"' 15 A. Based on what I'm wearing and the fact that I 15 A. A~- well, we were a lot of places, Do 16 remember being there and taking pictures and the eonte 16 you ~e to start from the beginning? 17 of this conversation, yes. 17 ~~What I want to get at, the clothing, you 18 Q. I'm asking you-- 18 s~u recall what you were wearing. 19 A. Yeah. 19 ~~· Uh-huh. 20 Q. You know, I know who this person is because A :f(jj} Q. To me it looks like a top. 21 he's a public figure. But I'm asking you. ~ A. Right. 22 A. I don't know who this person is. ~2 Q. A11 right. But you know which one it was. 23 Q. Iunderstandthat. Isthisthemanwhowas -:0.~~q3 A. Yes. 24 identified to you as a comedian that night? ~ 24 Q. Was that what you were wearing all day? 25 A. Sothatquc>stion'sC'onfusing,becauscl'm U 25 A. No. ~ 86 88 1 telling you J don't remember who the co~an was. 1 Q. So you changed into this article of clothing-- 2 Q. And I'm not asking for his nam!£> 0 2 A. Yes. 3 A. I don't even remember his ~~ike I vaguely 3 Q. --before y'all went out to dinner. 4 remember I Jmow he looked lik~ii'd like a prominen 4 A. Yes. 5 nose and kind of reddish ha~·r, ~~here was another 5 Q. After the work day, you changed outfits. 6 gentleman with him that wa be Jii(e didn't have a I t 6 A. Yes. 7 of hair, but J don't-- su~ say I have a good 7 Q. Okay. When you changed outfits, you were at 8 9 memory. Q. Uh-huh. ~ :::> U 9 8 that airpmt --I'm sony-- you were at that hotel in Newark? 10 A. And I c'W 'lf@Pk of details. 10 A. In Newark, right. 11 Q. Okay .. !l'iiS 11 Q. And then you went into Manhattan. 12 A. J c~~ think of what I had for dinner or 12 A. Yes. 13 theRr·estatl§lhat I was at. 13 Q. Did you take the train to Manhattan? 14 Q. e ask this, is this you? 14 A. No. Henri drove the tan rental car. 15 . s. 15 Q. You remember it being a tan rental car. 16 Q. kay. Is this what you were wearing that 16 A. Uh-huh. 17 night? 17 Q. Now, from Newark, there are three ways to get 18 A. Yes. 18 into Manhattan. You could have taken the Lincoln Tunne , 19 Q. All right. I'm not trying to trick you. I'm 19 the Holland Tunnel, or the George Washington Bridge. D 20 just trying to -- 20 you remember? 21 A. No, I'm just trying to figure out what you want 21 A. Took a tunnel. 22 me to -- how you would Jike me to answer the question. 22 Q. But you don't know which one it was? 23 Q. I just want you to answer the questions as it 23 A. Do tltcy both go underwater? 24 happened, truthfully, to the best of your knowledge. 24 Q. Both tunnels go-- yeah. You go actually m~dcr 25 A. That's what I'm trying to do, 25 the Hudson River. U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 23 (Pages 89 to 92) 89 91 1 A. What are the two names of the tunnels? 1A. It's a to-go coffee cup. Like that you have in 2 Q. Lincoln and Holland. The Lincoln Tunnel gets 2 the hotel, probably about this tall. Twelve ounces 3 you out at 42nd Street. The Holland Tunnel gets you o t 3 maybe, or ten ounces. And I asl{ed for vodka soda._ AI 4 at 14th Street. so he makes it for me. And it was so strong, like so 4 5 A. I don't know. I'm not familiar. 5 strong I couldn't even drink it. All I could taste was, 6 Q. All right. You remember taking-- do you it tasted like I was drinking a cup of vodka. 6 7 remember, do you remember going over a bridge? 7And I was telling Henri, I was like, "I cannot drink 8 A. We went under a, we went in a tunnel. this. This is too strong." I ~e, "Let's mal{e two 8 9 Q. Okay. drinl{S out of it." 9 -~ 10 A. And we were on a bridge, yes. 10 He was like, "No,_~It's fine. It's fine. 11 Q. Do you remember going through the tunnel? 11 Here, let me get youYher bottle of soda, and you ca 12 A. Kind of. It starts getting fuzzy when we were 12 just l 15 anything to drink? 15 He's lit~o, no, no, just here." 16 A. Yes. 16 AnCollasked the lady-- there wasn't any soda 17 Q. What? 17 righ~i{ I don't think And so I asked the lady that 18 A. I met Henri in the concierge lounge. I asked 18 li~ps tlte attendant at the concierge lounge, and sh 19 for a glass of wine. Henri was always very Jil{e 19 ~ght me a bottle, like a little glass bottle of soda, 20 persistent that I ltave a real cocktail, and I like to ~~d I was pouring into it. 21 drink wine. And I don't really do very well with rea ~ So tlten we're driving, and I'm drinldng tltis drink 22 liquor. And-- 0 fb:it2 and ldnd of like pouring into it at the same time. And 23 Q. When you say "realliquor, 11 you mean vodka:J{ ~q3 just remember like-- it was kind of a long drive, and it 24 gin, bourbon? !?~ 2 4 was stillligltt outside, so I guess it was still right 25 A. Yeah, hard liquor. ---~-J)' 25 around rush hour. rt!f 90 92 1 Q. Okay. @> 1 And I remember going under the tunnels and throu t 2 A. And so I remember the n ghi· !~' ' I was 2 the bridges, and we were stucl{ in traffic, and the toJJs, 3 having a glass of wine with dinner Philadelphia 3 and just feeling really fuzzy, and like, "Oh, my gosh, 4 restaurant, tlte bar at the hotel.t(:flC; as like, "Oh, 4 I'm getting really tipsy off of this drink, and maybe I 5 c~tail." you're not going to have a r i a 5 haven't eaten a Jot today," and just kind of do like a 6 And I was like, "I just r~ "){e to drink wine." 6 mental check on myself. 7 And so tlten again, I 1\~ or a glass of wine. I 7 And I tltink that that H- I always try and do that 8 assume it was a red ~e~nd so he poured me tl1e gla s 8 when I'm drinking and I'm starting to feel light-headed 9 of wine, and then~~ talking and eating some 9 just ldnd of, okay, recognize how I feel, slow it down, 10 appetizers. 0 ~ 10 and Jmow tltat I need to kind of be aware of myself. 11 And he w~s~ 'Well, let's, you know, we can go 11 But by the time we got into the city and parked by, 12 either to A,~ City or we can go into Manhattan. 12 I guess we parked by Times Square, I was feeling very, 13 What do ~~nt to do?" 13 like really tipsy and disoriented J guess. 14 Ag_~~s like, "Well, I want to go to Manhattan 14 Q. So you have recollection of getting 1hrough the 15 th~ke I have no interest in going to Atlantic 15 tunnel, parking at least to recognize it was Times 16 City. 16 Square, or something you thought was Times Square. 17 And he's like, "Okay." And lte was like, "Well, 17 A. Yes. 18 let's get another drink before we .go. But have a real 18 Q. Okay. 19 drink, and I'll flx it for you." 19 A. And then Henri showed me this, it was like a 20 And, and so he fixed me this drinl~ and it was in 20 subway or a train station where there were these men 21 like a cup just like that. 21 carrying tltis beam. And then it's lil{e it was like an 22 Q. It's the court reporter1s cup, but it looks 22 optical illusion painting, where if you look from like 23 like a HH 23 two different sides, tltat it's the same, like they're 24 A. It's a coffee cup. 24 each carrying the same bench or log or whatever it was. 25 Q. -- toHgo cup, coffee cup. 25 I can't remember. U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 24 (Pages 93 to 96) 93 95 1 And so be's showing this to me, and he's being ldnd 1 this is where it just starts losing it. 2 oflil{e really hands on with me, and I remember it makit 2 Q. Okay. 3 me feel uncomfortable. 3 A. Like I can't remember anything. I remember tl c 4 And I remember when we were leaving the concierge 4 comedian being there. I remember us taking pictures. 5 lounge, we were in the elevator, and I was kind of like 5 But I don't remember leaving. I don't remember eatin 6 7 8 9 10 standing like kind of tense. And he was like, "Oh, you have like your-- you look tense right here." And he like ldnd of pressed on my shoulder. And I was like, "Oh, yeah, I guess I am, from sleeping in a hotel bed." 7 8 couldn't tell me? 9 10 A. No, I couldn't~ell (Exhibit 2 marl ~22 A. Yes. 23 A. No. 23 Q. In what fashion? 24 Q. Youjustlmow he was there? 24 A. I was having pictures taken of me with my 25 A. I mean, I saw him there. 25 clothes off. 98 100 1 Q. So that's how you know he was the~ecause 1 Q. Okay. Anything else that would lead you to 2 you saw him? . . ~~\fj 2 believe you were sexually violated? 3 A. Right. ~ 3 A. J felt like I had been like touched, but not 4 Q. You said you had no clotl~. 4 lil(e --like it didn't feel like anybody had sex with m 5 A. Correct. 5 Q. All right. 6 ere situated in a 6 A. But I was kind of Jike sore in my female 7 fashion you were able to 7 regions. 8 A. They were, lil{"pi ss they were, there was 8 Q. You believed you were sore in your female 9 like a lump on-- y't;e1:herc was a couple of pillows a 9 regions? 10 the end of the Jtc~ 1 then most of the pillows were 10 A. Yeah, but not --lil(e on the outside. 11 11 Q. Okay. Where was the bruising? I'm sorry. 12 Q. At 12 A. I had bruising on my hips, and then at the to 13 testimonytR t Henri took pictures-- did you take any 13 of my left arm, like on the back side of it. 14 picture~or example, to preserve what the room 14 Q. And without belaboring this, so I can move on, 15 lo~)(e, or where you were, or anything that would 15 none of this was documented by terms of photographs r 16 help anYbody looking back to reconstruct the scene? 16 other ways to preserve the fact that you had been, 17 A. No. 17 experienced some trauma. 18 Q. You owned a cell phone at that time. Correct? 18 A. Well, other than the picture that Henri took. 19 A. Right. 19 Q. I'm talking about the bruising. Did the 20 Q. Was it a phone that had a camera feature in it? 20 pictures depict bruising? 21 A. Yes. 21 A. Yes. 22 Q. You told me you don't remember what time this 22 Q. Okay. At that point, when did you-- at that 23 was. 23 point, you never-- you never reported it to anybody at 24 A. Uh-huh. 24 that point. Correct? 25 Q. Right? 25 A. No. U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 26 (Pages 101 to 104) 101 103 1 Q. How did you~- tell me how you obtained the 1 Q. --if you're ready. 2 pictures. 2 A. Uh-hub. 3 A. The FBI showed them to me after they had take 3 Q. You realize you weren't ready. 4 them from Henri. 4 A. Ult-huh .. 5 Q. All right. Up unti11he point of the FBI 5 Q. Didn't say anything to him other than you were 6 showing them to you, you had never seen them? 6 going to get ready and then you got-- as you desctibed, 7 A. No. 7 got dressed? 8 Q. And you were able to identify them? 8 A. I said, "I'll be down ~_l1minutes." 9 A. Yes. 9 Q. okay. Atanypa·intth~orning,dictyouask 10 Q. Did the FBI tell you how they obtained them? 10 him about the previous ~ v 11 A. They had a search warrant for the technology o 11 A. I didn't ask hi out it. I said, "I don't 12 Henri's computer and in his office, and they found the 12 know what happeJ~ That was so inappropriate. This i 13 on a locked flash drive. 13 not like who I ~(f,]~at's completely unprofessional. I 14 Q. To your knowledge, are those the only pictures 14 don't know ~lappened between us, but I know that i 15 he had, that he took of you? 15 was w~o1 @!j 16 A. No, 16 An s putting on my makeup in the car, and I 17 Q. Okay. What other pictures were taken of you? 17 felt~ 1 twas inappropriate, to be out drinldng the 18 A. There were pictures taken of me in New Orlean • 18 ~:(~fore, and then wake up and your boss is in your 19 Q. Okay. New Orleans was a couple of trips later. 19 ~~'and then I slept late, and then I was in the car 20 Correct? R~~1ving to a client and putting my makeup on in front of 21 A. Yes. ~ him. 22 Q. Because it was the last trip out of a sequence 'f:d2 Like I just felt like the whole situation was 23 of four that you were-- =~ ~q 3 incredibly inappropriate and incredibly unprofessional o 1 24 A Five. t?~ 24 botl1 of our parts. And I didn't know what bad happene , 25 Q: --with Henri alone. U' 25 but I knew that at some point I lost control, and I felt ~102 104 1 A. With Henri-- no, I was only with~~ twice 1 like-- what happened? Like I just, I didn't know. I 2 alone. J/;,"'Q 2 knew it was a mistake, and I knew it was wrong, but I 3 Q. Okay. The New York trip. ~ 3 didn't understand bow I got from Point A to Point B; 4 A. New Yorl{ trip. U 4 Q. So you don't, you're not in a position to tell 5 Q. And the New Orlea~stri 5 us whether or not what happened between you and Henri 6 A. And the New Orleans- 6 that night was consensual. You can't tell us, because 7 Q. The next moming, ake up and Henri calls 7 you don't remember. Is that fair? 8 you? ~~ 8 MR. TODD: Fonn. 9 A. He knocks ~;i;y1Joor. 9 TI-lE WITNESS: No. 10 Q. What did.r;Y~cuss when he knocked on your 10 Q. (By Mr. Rosenberg) Why not? 11 door? >:» 11 A. If you -- I did not consent to those pictures 12 A. He e, "Where are you? Are you ready? 12 being taken. 13 We have at this client." And I guess he had been 13 Q. How do you know? You don't remember them bein 14 tryi~:> ~ 2 us the other night. I don't want you to feel 3 A. No. ~ 3 uncomfortable about thi.s, We didn't do anything wrong." 4 Q. -- Henri coming to your ro~ nything like 4 He was like, "This is"-- he was like, "I don't know 5 that? 5 where the attraction came from, but there's dcf'mitely an ~ 6 A. Huh-uh, 6 attraction tlJere. And I don't want you to feel-- I want 7 Q. Correct? 7 you to feel comfortable in this position, like you can be 8 A. Correct. ~Q 8 here for a long time, and I don't want you to go and get 9 Q. All right~ ppened tl1e next day? 9 another job." 10 11 12 board r o o f . : ike this, at Davidson, and had meeting. a A. The nextd tl e were in the room, we were in a as -- I think that the CFO, his last 10 ll 12 And 1 said, 11 Well, Henri, it is wrong, and it is inappropriate, because you're my boss, and I'm not that type of girl that sleeps with her boss." And at tltis 13 name was-:: 1dson as wen, but he didn't, he didn't hav 13 point, I didn't know what happened, but you lmow, just 14 any re~to Davidson. He was just the CFO at that 14 throwing that out there. And I said, "And you're 15 ti~I was just coincidence. 15 married." And I was like, "So tliat's wrong." 16 An he met us for breakfast, and then we went and 16 And I think at that time I remember talldng to him 17 drove together, because I guess it's in this little town, 17 about this guy that I had seen, lil)for the notes. And so I called back a 15 Q. You sat together? 15 little bit hl~nd 1-- 16 A. Uh-lmh. 16 Q. @hlii notes? 17 Q. Was there drinking on the plane? 17 A.~lift I bad been taking at Davidson. Sorry. I 18 A. No. 18 ~~didn't mention that. I took a bunch of notes at 19 Q. Okay. Whenwas--thiswasinMay. Right? 19 r~sou. 20 A. Uh-huh. ~rf!jjj Q For what purpose? 21 Q. Around May what, would you think, would you ~ A. I'm a note taker. And he wanted the notes. Or 22 believe? ~2 a lot of times he's like, "Write this down." And so I 0 23 A. The last week of May. c:::1 ~q3 write it down, because I'm already taking notes. 24 Q. The last week of May? fr"~ 24 And so I guess he had called me or texted me and 25 A. No. W 25 said that he wanted the notes. And then-- I don't know ~122 124 1 Q. Memorial Day? (QI')) 1 ifl c-mailed him back that I wasn't planning on coming 2 A. No, no, no. That was the Ch~~~P· This 2 in, that I would bring him the notes tomorrow. And tl1en 3 was probably the second, first or sR~ week of May. 3 he-- I can't remember exactly what happened, but somcb W 4 started the very beginning of th~h with them. So 4 I knew that he was mad that I wasn't bringing him the 5 May 7th? I don't know. ~ 5 notes that day. 6 Q. Was there ever a time, that, within close 6 Q. Okay. 7 proximity to it, but afte~l_t~'ttl t you learned that 7 A. Maybe it was based on the message that he left 8 Henri didn't want to sp~rth you for one reason or 8 me, 9 another? ~~~ 9 Q. And what was that message? 10 A. Will YO%~~ don that? 10 A:. Very heated, like, "1-- this is urgent." Like 11 Q. Iwf~'llin' ,butijustwanttoseeifi 11 "I need you to bring me those notes immediately. 11 And so 12 can test yo · ection. Do you remember any instance 12 I called the office, and Marlene, the front desk-- 13 after the tfR: e trip, New York, New Jersey and 13 Q. Finkelstein? 14 Conn~~); that you reca111earning that Henri did not 14 A:. Yes. She answered, and she was like, "I'm 15 wiweak to you? 15 supposed to ten you that Henri doesn't wish to talk to 16 A~es. 16 you." 17 Q. What was that? 17 And I was like-- I thought, I honestly thought she 18 A. We had gotten back at like 10:00 a.m., and I 18 was joking. Like whatever, like okay, he just must be 19 told Henri that I wanted to go home and take a nap, 19 busy or joking around or something. 20 because I just felt so tired from the trip and 20 And so I was like, "Oh, ha ba. Okay. No, seriously 21 everything. 21 let nte talk to Henri." 22 And he was like, "011, sure, sure, sure." 22 She was like, "No, he doesn't want to tall{ to you." 23 Well, it was my understanding at the time, and it 23 And I was like, "What for?" 24 was similar to this at Mattress lfirm, and I had discussc 24 And she was like, "Because you didn't come back into 25 this witlt tl1em upon hiring me, that if I was going to be 25 thcoffice." U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 32 (Pages 125 to 128) 125 127 1 And I was like, "What?" 1 A. Because of the flex time, right. And so I was 2 And so I can't remember what-- I think I e-m ailed 2 just so taken back by his reaction to me not coming in 3 Henri, and I was like, "I'm so sorry. I didn't know tha 3 that I sent him this e-mail to kind of try and lighten 4 you expected me to come back in. I'll bring you the 4 the mood and atmosphere. So-- 5 notes tomonow." And that was Friday. 5 Q. The last sentence, "I'm happy to drive to the 6 And so that was that. And then the next day we wei t 6 office now, but I just wanted to run that by you." 7 on this demo to Lone Star Coffee, and he was just bein 7 A. Uh-huh. 8 very distant and rude and standoffish towards me. An 8 Q. Did you go back to tl~ce? 9 then it ended up that it was because he was mad that I 9 A. No, riJl~ 10 dido 't come back in, 10 Q. But you -- rF~'%!) 11 Q. This might help. 11 A. I don't think~~ 12 (Exhibit 3 marked for identification.) 12 Q. You went t t day and-- 13 Q. (By Mr. Rosenberg) Can you identity Exhibit 3 13 A. I went t day. 14 to your deposition? 14 Q. Did h~ r get his notes? 15 A. Yes. 15 A.Y~ 16 Q. What is that? 16 Q.@. 17 A. Au e-mail at 3:45 to Henri. 17 A~~tally, I can'tremember if I typed up these 18 Q. This is the e-mail you were talking-- 18 ~r if Marlene did. I think Marlene did it for me, 19 A. Uh-huh. 19 ~out desk person. 20 Q. --you were discussing earlier? So you say, Ail!j} Q. Yeah. They wete handwntten notes at first, 21 "Henri, 11 exclamation point, "I'm so sorry you don't wish ~ and then they wete transcribed into typing. 22 to speak to me." You learned that from Marlene 2 A. They were handwritten, and he just like never 23 Finkelstein? 3 even looked at tltem. So they weren't of consequence t 24 A. Yeah. This was kind of like a sarcastic him after that. 25 e-mail. Q. From that point-- what was the name of the 128 1 Q. You were being sarcastic with you~ss? 1 coffee company again 7 2 A. Yes. r;, Y 2 A. Lone Star. 3 Q. Okay. Why? ~ 3 Q. From the Lone Star Coffee visit, when was the 4 A. It's just like my person~ guess. 4 next visit from that point that you did on a road trip, 5 Q. Okay. 5 on an out-of-town trip? 6 A. yful. 6 A. Was the Chicago trip. 7 Q. Y au were being p with your boss? 7 Q. We talked about the Chicago trip already. 8 A. Like, like if I ~r read this, I'd be like, 8 A. Right. 9 "Henri, I'm so so~ at you didn't wish to speak wit 9 Q. Correct? After the Chicago -- and the Chicago 10 me." Like, "OJI,~ osh, what did I do wrong?" Li 10 trip, I think you said, was the end of May. 11 kind of like ov ramatic, playful. Borderline 11 A. Uh-huh, the last weekend of May. 12 sarcastic, in a disrespectf1d way, but just like 12 Q. Okay. When was the next trip? 13 in a "Is t~ r real?" Li]{e- 13 A. Was in July, when we went to tile Fancy Foo 14 ~ at helps. I wanted you to --because the 14 Q. Which was Washington, D.C.? 15 pri rd is the printed word. 15 A. Correct. 16 ght. 16 Q. But that wasn't one where you were alone with 17 Q. And you just helped us. 17 Henri? 18 A. And the context of this is, "Okay, like I 18 A. No. 19 didn't know that you wanted me to come in that badly 19 Q. Do you have-- remind me if you have a 20 I'll come in if you want me to." 20 recollection of anything sexually inappropriate or 21 I really didn't anticipate- I did anticipate going 21 sexually offensive happening on that trip. 22 back into the office, but like I mentioned to Allen and 22 A. To me personally? 23 Trevor after that, I didn't think thatl had to go back 23 Q. Yes. 24 in. 24 A. No. Oh, yes. Well, this is not-- I mean, 25 Q. Because of the flex time? 25 call it whatever you want it. I thought it was U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI- (361) 883-1716 ANDREA FARMER 7/11/2013 33 (Pages 129 to 132) 129 131 1 inappropriate. He called me like really late at night, 1 Q. Oh, the phone just rang. 2 and it was like 1:30. And this was in the D.C. trip. 2 A. Yeah. 3 And that was the night~- and I don't think I mentioned 3 Q. So you don1t know whether it was a business~ 4 this. I mentioned it in my original statement, because 4 related thing that he might have forgotten or~- 5 that was like kind of more on a time line. 5 A. Right. I don't know. It could have been a 6 I had seen-- we had all gone home and all gotten 6 pocket dial. All I know is that's not appropriate fo · 7 off on our floor, and I was on the highest floor. So 7 him to be calling me at 1:30 in the morning. 8 Henri got off, Beth got off, Trevor got off, I got off. 8 Q. So you recognize i!ifzl\ulil have been a pocket 9 And then I had to go back downstairs to get something 9 dial? ~- 10 from the front desk. And-- 10 A. Right. ~I@ 11 Q. What did you have to get from the front desk? 11 Q. Okay. U 12 A. Tampons. 12 A. So, bu~t--like he didn't leave a voice 13 Q. Oh, sony. 13 mail, or he d1 ,.._you know, typically if it's a 14 A. And so I went down to get that thing from the 14 pocket di~~ i I go to voice mail, and then you 'II 15 front desk, ami I saw Henri walking by. And I was like, 15 have lik€~cket dial voice mail. 16 oh, God, I don't want to talk to him right now, And so I 16 Q. ~ss it just cuts out. 17 kind of like stood behind the pillar. 17 ~Yuess that could happen. 18 Well, when I was walking to see wherehewas going, 18 o @Okay. 19 I saw him walk back inside with Beth, and he had like h s 19 -~ MR. TODD: Form. 20 arm around her, and they were ldnd of like walking ~J@> Q. (By Mr. Rosenberg) Go on. 21 towards the elevator together with his arm around her. ~ A. Given what I had just seen, I felt like that 22 And at that moment I was kind of like that's-- I 0 ~ 2 wasn't a pocket dial. 23 ldnd of like was suspicions, like "What are they doin*~c:23 So the next morning, I said, "Oh, Henri, did ym And so that was something, other than what I ?~ 2 4 call me?" 24 25 mentioned before on the trip, that I felt was 1 U' 25 And he was like, ''No, I didn't call you." ~130 132 1 inappropriate. Maybe not sexually inapp~iate, but 1 And I'm like, "Oh, I had a missed call from you last 2 definitely inap}Jropriate. ~//s.~ 2 night." 3 Q. Inappropriate that the boss w~..,. walking 3 If you pocket-dialed somebody, I feci like yon would 4 with his ann arOlmd her? cU 4 be like, "Oh, I must have pocket-dialed you." He was 5 A. Yeah. Why were they b clttownstairs? We all 5 like, "No, I don't know what you're talking about. I 6 said we were going t~sleep.,rf!..~sly, I have a valid 6 didn't call yon at all." And-- 7 reason for being down he t why are they down here 7 Q. Well, you're just guessing that little pati. 8 And so I went hac up d was awake, and I was 8 A. I'm guessing, based on context of knowing Henri 9 reading, and then ~]tone rang, and it was Henri. And 9 and him being very much of an accountant and wanting o 10 it was like 1:30 !Jt~Vorning. And I was like, oh, my 10 like check, check and recheck. Like if I had said that 11 God, like-~~ 11 and he had accidentally called me, I'm just speculating, 12 Q. Wh aid your phone, it was your cell 12 but I can pretty much put my money ml the fact that he' 13 phone~~() 13 going to look at his phone to see if he was going to call 14 A. - II phone. 14 me. 15 !J~ r the one in the hotel? 15 Q. But you are speculating? 16 M y ceJI phone. 16 A. I am speculating. But that's how I feel. 17 Q. Okay. 17 Q. I got it. I just want to make sure when you're 18 A. And so then I was like, that's not right. Like 18 speculating, we know what it is you're speculating about. 19 that's inappropriate. Maybe he's thinking that he can 19 I appreciate the fact you're speculating. I just want to 20 like rekindle something from New York. Not going to 20 make SlJre I know that ~- 21 happen, So I chose the next day to ask him about it in 21 A. Right. So, so be was just like, "No, I didn't 22 front of everybody, 22 call you." And he walked away from the whole entire 23 Q. What did you say to him when yml talked to him 23 group. So I just felt like that was inappropriate. 24 that night when he called you? 24 Obviously, I had proof that he had called me, and I 25 A. I didn't answer. 25 didn't-~ I felt like he was~~ it made me feel really U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 34 (Pages 133 to 136) 133 135 1 uncomfortable, because I feU like I saw him with Beth, 1 A. Well, yeah, because I was there and~- 2 maybe she shot him down, and then he was like, 11 011, I' 2 Q. And prevented it? 3 going to call Andrea and see what she's doing.'' LiJ(e no 3 A. Uh-huh. 4 appropriate. 4 Q. Okay. I didn't know any of that. I really 5 Q. Again, you're just speculating that maybe~~ 5 don't want to get into that because it's tangential to 6 A. Right, but that's, that's why it made me feel 6 this, but there was a time~~ and I just want to make 7 uncomfortable. So between the Chicago and New York 7 sure this is what it is, so I don't have to get into it. 8 trips, other than that phone call, nothing-- or Chicago 8 A. Uh~buh. ~ 9 and D.C. trips, nothing inappropriate happened-- 9 Q. -~ that you we~l'UIJ~~ate because you had 10 Q. Okay. 10 to help Amy's mom wit stuff in the apartment. 11 A. -- between Henri and I. 11 A. (Nodding he ,J)) 12 Q. And up until this point, you never reported 12 Q. Was that re to the suicide? 13 anything that happened to anybody? 13 A. (Noddi 14 A. No. 14 Q. Okay. 're not going to get anywhere near 15 Q. TI1e next trip after the D.C. trip was New 15 that. Oth~~ that event gomg on, what else was 16 Orleans. Correct? 16 going ~our life? 17 A. Yes. 17 A~Yean, I was just really depressed. 18 Q. And there wasn't anything that happened in the 18 o ~About what? 19 interim? 19 ~~ About my life, and about what bad happened 20 A. Huh-uh, just a lot of~- no. ~~tween Henri, and that I felt so trapped, and I felt 21 Q. Just a lot of~~ I mean~ anything in the office ~ like a terrible person. And you lmow, this happened t 22 that was going bad or anything like that? 2 my roommate, and she is such a wonderful person. A 23 3 like ldnd Of Struggling wit11 that, like-- just lil~e not 24 would say that our relationship was not good. Li in a good place at all. Like everything was just going 25 that point, after D.C. and Chicaeo, I pretty muc 25 wrong. 136 1 dealt with Trevor and just talked to Tr~ and rarel 1 Q. What was, what else was going wrong? 2 would go into Henri's office and t~~~m about 2 A. I think at that time like I was having a lot of 3 anything, just because I couldn't ~tim or being 3 car trouble. I think my car would just randomly not 4 around him. (U) 4 start, and so 1 was like looking for another car, and 5 Q. Couldn't stand being ~~ria=fJenri? 5 that's very stressful, and trying to find another 6 A. Uh-huh. -~(~ 6 roommate, because~- and acclimating to that and~~ 7 Q. And this is a time o~ actively looking for 7 Q. Did Amy stop being your roommate? 8 another job? (( )) 8 A. She moved to New York to go to law school. 9 A. I would sa 'n~k.'e June, July wasn't actively 9 Q. Okay. 10 looking for anty ~ b. Starting in August, I was. 10 A. And so then my best friend was moving away. 11 Q. sO des e fact that you can't stand your 11 Q. Who was your best friend? 12 boss, you t looking for another job? 12 A. It's a different Christina. 13 A. Nifj) 13 Q. Okay. 14 Snot? 14 A. No, but she bad been-~ let's see. Yes, I 15 ~;d a lot going on at that time. 15 think she was like in the point of moving away. So I was 16 Q hat was going on? 16 losing a close friend. And just, you know, it's life, 17 A. Well, my roommate had tried to commit suicid 17 but it's a lot of really heavy stuff, on top of, olt, my 18 Q. Your rommnate tried to commit suicide? 18 God, like I'm a horrible person because I did this with 19 A. Uh-huh. 19 my boss, this thing that I don't even want to thin], 20 Q. Well, obviously that's a traumatic event. 20 about, And now he's being really rude to me and meant 21 A. It's very traumatic and-- 21 me, and I can't get a handle on it. And I just felt like 22 Q. I take it the roonunate ~-you told me her name 22 I was sinking. 23 once before. 23 Q. You're saying it's something you did with your 24 A. Amy. 24 boss? 25 Q. That obviously wasn't successful. 25 A. (Nodding head.) That's how I felt at that U.S, LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI- (361) 883-1716 ANDREA FARMER 7/11/2013 35 (Pages 137 to 140) 137 139 1 time. 1 psychological care? 2 Q. At any point, did you seek treatment fi:om a 2 A. Because I just wasn't ready to admit that it 3 physician or a counselor? 3 had happened to myself or-- I certainly didn't want 4 A. After Amy had committed suicide, I was having 4 anybody else to know about it. I was so ashamed. And t 5 really hard time with it. 5 just felt like it was the worst thing that anybody could 6 Q. Yes. 6 ever do, ever. Regardless of the state I was in, I just 7 A. And ldnd of trying to decide if it was right 7 had so much guilt and so, like I was so disgusted with 8 that she wasn't successful, I guess. And so I started 8 myself, and I just wanted it~ away, 9 10 11 seeing a therapist at that time, Q. What therapist? A. Dr. July out of the Good Samaritans, like this 9 10 11 whathappened. A. Yes. a Q. You were assignin~ ame to yourself for 12 is like a counseling place. 12 Q. At what po~d you decide that the blame 13 Q. Spell the physician or counselor's last name. 13 shouldn't be as~ . to you, it should be assigned to 14 A. July, as in the month. 14 Henri? Was~ r the FBI got to you? 15 Q. Oh, okay. Male or female? 15 ~D: Fonn, leading. 16 A. Male. 16 ITNESS: Can you replu'ase that question? 17 Q. What profession? In other words, a medical 17 ~B Mr. Rosenberg) Yeah. At what point did you 18 doctor or a clinical psychologist, if you lrnow. 18 . ~at the blame shouldn't be assigned to you, and 19 A. A psychologist, I believe. 19 t should be assigned to Henri? 20 Q. Okay. How many visits did you have with ~~ MR. TODD: Fonn, leading. 21 Dr. July? THE WITNESS: Can you repeat the question? 22 A. Probably like eight. ~2 Q. (By Mr. Rosenberg) At what point did you decide 23 Q. Did you relate to Dr. July about any of the ·~~ " 3 that the blame shouldn't be assigned to you and should be 24 events that happened while you were employed at{~ 24 assigned to Henri? 25 Software? J, 25 A. I would say after I starte.d going to ~138 140 1 A. No. -~ 1 counseling-- in May of2012, J started going to 2 Q. You-- would this counselor~~ would you 2 counseling, and then I didn't tell that counselor about like to refer to this person as? A c~or, 3 4 5 psychiatrist, psychologist? Q A. Whatever you want. t :ifesn't matter to me. 3 4 5 it until probably June. And then after discussing it for Probably another two or three sessions, then that's when I was ldnd of starting to see that it might not have been 6 Q. Well, you're thet#-sought this person's 6 my fault. 7 services. I'm just trying re out what's 7 But I just felt like there were so many 8 appropriate. (_J) 8 opportunities where I should have seen through what was 9 A. Psychnlog~ - 9 happening, or that 1 should recognize it and said 10 Q. Okay.~(:? 10 something. And then I started finding out about the 11 A. I thin~ ·ad, I know he had his doctorate, 11 other women that she, that came forward. And I don't at 12 so-- ~ 12 this point even know who came forward first. 13 . Q.~\ .s~ing this psychologist for eight 13 And, and then I had a lot of guilt about her, and I 14 Ill~ (VISitS. 14 should have said something, and then she wouldn't have 15 • -huh. 15 experienced this, and I didn't because I was scared or 16 Q. And I take it this psychologist took a history 16 ashamed or felt, didn't want that to tarnish my 17 from you. Correct? 17 reputation. And-- but I should have said something and 18 A. Uh-huh. 18 I should have said something about Beth, so J had a Jot 19 Q. Because you understand that the way they can 19 of guilt about that. 20 diagnose and treat and render advice is to get a comple 20 And so 1 think that I don't bold myself solely 21 and accurate history. 21 accountable for what happened, obviously, but J feel like 22 A. Right. 22 given that I knew it was wrong and I knew the second tim 23 Q. Why did you choose not to provide this 23 that it happened that it was really wrong, that something 24 infbnnation you were going through about what you ha 24 really wrong had happened, that I was not okay with, at 25 gone through with Mr. Morris when you were seeking 25 that time I should have said something to somebody. U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 36 (Pages 141 to 144) 141 143 1 Q. So-- and I would not cut you off, because I 1 isn't relevant to anything in this civil proceeding, so 2 wanted you to feel that you're able to say what you 2 really I would object. I'll object on the record that 3 wanted to say. But if I understand what you just 3 you don't need to be asking that because it's not even 4 testified to, you did not realize that this was Henri's 4 reasonably related to even reach permissible or 5 fault until the summer of20 12. Right? 5 admissible evidence. So don't answer the question. 6 A. I didn't reconcile that with myself. 6 THE WITNESS: Yeah, I don't want to answer it. 7 Q. Fair enough. But I just want to make sure I 7 MR. ROSENBERG: So you, who are not 8 got the date right. 8 representing her, told her nwswer the question. 9 A. June- yeah. 9 Correct? ~ 10 Q. 20127 10 MR. TODD: Lt mt she needs to make that 11 A. 2012. 11 decision on her own,~ don't lmow how it's relevant 12 Q. Late spring, early summer. 12 to anything since&sn't a complainant in this 13 A. Yeah. 13 lawsuit. <>~ / 14 Q. And that's when you saw another psychologist. 14 Q. (By ~osenberg) Are you going to answer th 15 A. Uh-huh. 15 question?>~ 16 Q. Who was this psychologist? 16 A.~ 17 A. My current psychologist. 17 ~ . ROSENBERG: Okay. CertifY that questim 18 19 Q. And when was the first time you told your current psychologist about what happened? 18 19 ~ . (By Mr. Rosenberg) All right. That 20 A. Late May of 2012. ~~ysician --I think you said psychologist. Right? 21 Q. Okay. Who is that psychologist? A. Yes. 22 A. I don't wish to answer that. <> ~2 Q. All right. You began seeing that psychologist 23 Q. I'd hate to have you come back here ju;~~ 3 in May of2012. 24 a court order and answer that question. I'm not 24 A. Uh-huh. 25 to get any records from this person or anything 'k 25 Q. Right? Yes? ~142 144 1 that. I just want -- ®J 1 A. Yes. 2 A. I still don't want to answer tl~ 2 Q. And believe-- and have testified you're still 3 Q. Let me tell you what's going~ en if you 3 seeing this psychologist today. 4 don't, and then it's your decision. ~o ng to ask the 4 A. Correct. 5 Court to certify the question,~ I believe that 5 Q. And I take it you're not going to answer any 6 7 8 A. It's medical. Q. I understand. I 'ijeJ that person has knowledge of 1 nt facts. e medical facts. r tand your position. And 6 7 8 questions about the treatment of this psychologist? A. No. Q. Correct? 9 I respect your pos~ "r just telling you what's 9 A. Correct. 10 going to happen!) ' ing to ask the Court to certify 10 Q. Okay. 11 the question, a#e would come down and redepose you o 11 A. I mean, if you want to know is Henri the reaso 1 12 that issue, ~ re going to ask the Court that it's at 12 I'm going to this psychologist? Yes. Is this situation 13 your expe 13 the reason I'm going to this psychologist? Yes. And 14 A. if this is not at my expense? 14 that's about as far as I'll go. 15 ur choice. Do you not want to answer the 15 Q. I think you just opened the door, and 1 16 questt n? 16 would-- oven he's nodding his head. I would revisit 17 THE WITNESS: Do I have to answer that 17 your, your decision not to answer the question. 18 question? 18 A. Okay, that's fine. 19 MR. TODD: You can make up your own mind. I 19 Q. Since you just volunteered that. You just told 20 mean, he, he did say that, but you're not a party to the 20 me-- 21 civil case. They1llnever get those records, and the 21 A. I just don't want-- I'm telling you I'm not 22 Court won't compel you to do that, because-- 22 going to tell you who it is. I don't want to answer anJ 23 MR. ROSENBERG: And I told her I'm not 23 questions about it. If you have a Henri specific relate 24 looking~- 24 question about it, as in, "When did you realize that it 25 MR. TODD: Your, your personal state of mind 25 might not be your fault? When I started seeing my U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 37 (Pages 145 to 148) 145 147 1 therapist," yes, I'll answer questions like that for you, 1 propensity to make things up, I have the right to know. 2 if they pertain to the case. I'm not going to go into my 2 MR. TODD: Fonn, leading. 3 personal treatment and my private life about my therap 3 Q. (By Mr. Rosenberg) Those are the things I'm 4 Q. I heard what you said. I have questions I need 4 going to be looking at. If you are lying about this and 5 to ask. I'm not going to be guided by a non~party 5 ·admitted to your doctor that you're lying about it, or if 6 witness to my lawsuit as to what rm going to ask. I 6 there's something in those records that could assist the 7 have protection~~ I have a job to do. I've got to 7 defense I have in my lawsuit, I'm entitled to know. 8 represent ~~ 8 If, on the contrary, the ~agist is going to -- 9 A. I understand that. Jadai 9 the records say this 10St truthful person in 10 Q. ~~ a company and an individual in claims 10 the world, and she ha ical reason not to tell me 11 brought against them in a civil suit. TI1at's my job. 11 what's going on, that ~ething I need to know as well 12 And I've got to do it ethically and zealously. I've got 12 So I understan r position. You're not 13 no choice. 13 represented, so ' ot --I can't do anything else but ~: telll~~u 1 14 A. If you want to ask me the questions, I'll tell whe going with this thing. 15 you whether or not 1'11 answer tltem. I understand that 16 you have to do a job. 1'm trying to be as cooperative as 16 . DD: Fonn. 17 possible. On this matter, I'm pretty firm. But if you 17 ~ Mr. Rosenberg) I just got a sticker for the 18 ask me a question that I feel comfortable answering, I 18 ~ 19 will answer it. 19 ~~· Well, I want to ta){e a break anyway. 20 Q. You won't give me the physician's name? ~'1[j; Q. Okay. 21 A. No, ~ THE VIDEOGRAPHER: Time is 1:52. We are ~ 22 Q. Okay. We11, that's one question that I'm ~ 2 the record. 23 asking that you're not going to give me. -::::~ r-q3 (Recess from 1:52 p.m. to 2:03p.m.) 24 A. Okay. f'~ 24 THEVIDEOGRAPHER: Thetimeis2:03. We a e 25 Q. All right W 25 recording. ~146 148 1 A. Why docs it matte1· what her name~ 1 MR. ROSENBERG: Pass the witness. 2 Q. Well, because I believe her reco~ 1t a 2 EXAMINATION 3 he•· m· him? I believe that the P'ych~ cords 3 BY MR. COGDELL: 4 are relevant~~ are reasonably calcu~ e lead to 4 Q. Ms. Farmer, good afternoon. My name is Dan 5 discovery of admissible evidenc~ re case I'm 5 Cogdell. I am Mr. Monis'lawyer in the civil case. 6 defending. ~ 6 Okay? 7 ~No. ~Ql 7 A. (Nodding head.) 8 Q. Okay. Let's jus~ Q. itbefo~ . Letmecerlify it. 8 Same rules as before. Just because a lawyer 9 Let me bdng burt. You'll get notice of 9 asks you a question doesn't mean it's a perfect question. A.l 10 the heating and rwv~ ppOttunity to be present in 10 If you don't understand it, please let me know and I'll 11 Houston, and w~ ii·om there. Okay? 11 rephrase it. And please make your responses like you di 12 12 earlier, audible and not just nodding your head. Okay? 13 Q. Be J 'm not going to sit in here and play 13 A. Okay. 14 games u. 14 Q. Did you review any documents prior to your 15 ~~J not trying to play games with you. 15 testimony today in anticipation or in preparation for 16 Q. Yeah,youare. 16 your testimony today? 17 A. No, I'm not. I'm telling you I do not feel 17 A. Yes. I read my original statement to the FBI. 18 comfortable answering questions about my private person I 18 Q. Anything else? 19 therapy. You guys have asked me tons of private personal 19 A. No. 20 questions all day, and I've answered them. And I've told 20 Q. Did you make any notes? 21 you things that I didn't want to tell you. 21 A. No. 22 But on this, that is my private~- that's my 22 Q. Did you bring any notes with you? 23 therapy. That's my healing. And I don't want to answer 23 A. Here? 24 those questions. 24 Q. Yes. ma'am. 25 Q. For example, if you're diagnosed with a 25 A. I mean, the only notes that I took were-- U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI- (361) 883-1716 ANDREA FARMER 7/11/2013 38 (Pages 149 to 152) 149 151 1 these right here. 1 sound right? 2 MR. COGDELL: Can you hand that to me, Greg . 2 A. Yes, 3 THE WITNESS: Just like more of like a personal 3 Q. Jolm is about 45 years old, white male, brown 4 pep talk than anything. 4 hair, articulate, typically vety wen dressed, 5 MR. COGDELL: Can you have this marked~- cru 5 responsive, personable, professional in his demeanor. 6 you mark this as exhibit next, please. 6 Same guy? 7 (Exhibit 4 marked for identification.) 7 A. I mean, those are matters of your opinion, 8 Q. (By Mr. Cogdell) Ms. Farmer, this is on the 8 so -- sounds like tl1e same PWQ.!!. 9 back of what appears to be -- 9 Q. wouidyoucteacrib,~~ifferently? 10 A. My original statement to the FBI, the last 10 A. I briefly talked ~"'over a web, video 11 page. 11 webinar. I really co ~see what he was wearing or~ 12 Q. Yes, ma'am. I'm just wondering-- can I see 12 Q. You cot~l · him on a web video? 13 your statement, your copy of the statement, your 13 A. I mean, Jlct sec him, but I couldn't like 14 statement? Because it appears to be different than my 14 tell the mate~ his clothing. 15 copy of the statement. 15 Q. 0~ 16 A. It's probably because it's just printed in a 16 A. ~nds Jike the same guy. And if he's 17 different- 17 She~~'s partner, then I would assume that it woul 18 Q. rmsorry? 18 ~®arne person. 19 A. It's probably just because it was printed-~ 19 .-~ Okay. And please m1derstand, Ms. Fanner, 20 the way I printed it. That's what I took it-- the part ~ ~1-- you appear to be catching a tone with me. I'm not 21 labeled 4 right there, I took it from the back. You ha e~ here to attack you. I'm not here to denigrate you or 22 it ba [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4053435. Public record. Not legal advice.