2022.01.28 Tik Tok Trial Transcript - DGP Products, Inc v Faith Antonio

UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
In re:
FAITH ELYZABETH ANTONIO,
Debtor.
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Case No: 8:20-BK-07637
Chapter 7
DGP PRODUCTS INC., D/B/A NUMERIC
RACING,
Plaintiff,
vs.
FAITH ELYZABETH ANTONIO,
Defendant.
_____________________________________
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Adversary Case No:
8:20-ap-00537-CPM
DGP PRODUCTS INC.’S NOTICE OF FILING
JANUARY 28, 2022 TIK TOK TRIAL TRANSCRIPT
DGP Products Inc. d/b/a Numeric Racing (“Plaintiff”) hereby files the attached
transcript of the January 28, 2022 Tik Tok Trial.
Respectfully submitted,
/s/ Stanford R. Solomon
Stanford R. Solomon
ssolomon@solomonlaw.com
bankruptcy@solomonlaw.com
Florida Bar No. 302147
THE SOLOMON LAW GROUP, P.A.
1881 West Kennedy Boulevard, Suite D
Tampa, Florida 33606-1611
(813) 225-1818 (Tel)
(813) 225-1050 (Fax)
Attorneys for DGP PRODUCTS, INC.
D/B/A/ NUMERIC RACING
Case 8:20-ap-00537-CPM Doc 624 Filed 02/11/22 Page 1 of 212

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Certificate of Service
I hereby certify that I am admitted to the bar of this Court. I further certify that the
foregoing NOTICE OF FILING JANUARY 28, 2022 TIK TOK TRIAL TRANSCRIPT has been filed
and served by CM/ECF transmission on February 11, 2022 upon:
Faith Elyzabeth Antonio
Email: faithantonio.legal@gmail.com
Pro Se Defendant
/s/Stanford R. Solomon
Stanford R. Solomon
Florida Bar No. 302147
ssolomon@solomonlaw.com
bankruptcy@solomonlaw.com
THE SOLOMON LAW GROUP, P.A.
1881 West Kennedy Boulevard, Suite D
Tampa, Florida 33606-1611
(813) 225-1818 (Tel)
(813) 225-1050 (Fax)
Attorneys for DGP PRODUCTS, INC.
D/B/A/ NUMERIC RACING

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF FLORIDA (TAMPA)
IN RE: . Case No. 8:20-BK-07637-CPM
.
FAITH ELYZABETH ANTONIO, .
.
Debtor. .
. . . . . . . . . . . . . . . .
DGP PRODUCTS, INC. D/B/A . Adv. No. 8:20-AP-00537
NUMERIC RACING, .
.
Plaintiff, .
.
V. .
.
FAITH ELYZABETH ANTONIO, .
.
Defendant. . Friday, January 28, 2022
. . . . . . . . . . . . . . . . 2:31 P.M.
TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE CATHERINE PEEK McEWEN
UNITED STATES BANKRUPTCY COURT JUDGE
APPEARANCES:
For the Plaintiff: The Solomon Law Group, P.A.
BY: STANFORD R. SOLOMON, ESQ.
VICTORIA CRUZ-GARCIA, ESQ.
1881 West Kennedy Boulevard
Suite D
Tampa, Florida 33606
For the Defendant: Faith Elyzabeth Antonio, Pro Se
3564 Dove Hollow Court
Palm Harbor, Florida 34683
Proceedings recorded by electronic sound recording, transcript
produced by a transcription service.
_______________________________________________________________
LIBERTY TRANSCRIPTS
7306 Danwood Drive
Austin, Texas 78759
E-mail: DBPATEL1180@GMAIL.COM
(847) 848-4907

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INDEX
PAGE
WITNESSES
FOR THE PLAINTIFF:
FAITH ELYZABETH ANTONIO
Direct Examination by Ms. Cruz-Garcia 19
WILLIAM KENT
Direct Examination by Ms. Cruz-Garcia 71
Cross-Examination by Ms. Antonio 107
Redirect Examination by Ms. Cruz-Garcia 123
FOR THE DEFENDANT:
TABITHA ANN GREGOR
Direct Examination by Ms. Antonio 126
Cross-Examination by Ms. Cruz-Garcia 139
FAITH ELYZABETH ANTONIO
Direct Testimony by Ms. Antonio 159
Cross-Examination by Ms. Cruz-Garcia 168
EXHIBITS ID EVD
FOR THE PLAINTIFF:
1 - Snagit Video Captured from TikTok 43 81
3:16 p.m. 9/30/2021
5:19 p.m. 9/30/2021
5:22 p.m. 9/30/2021
4 - Snagit Video captured from TikTok 57 86
5:30 p.m. 9/30/2021
14 - Snagit video captured from TikTok 104 105
10:08 a.m. 10/1/2021
15 - Screen-capture of TikTok account 105 106
10:06 a.m. 10/1/2021
Composite 16 - Snagit Video captured from 61 95
TikTok 10/1/2021
11:02 a.m. 10/1/2021
9:55 a.m. 10/1/2021
9:54 a.m. 10/1/2021
9:50 a.m. 10/1/2021

3
1 THE CLERK: Faith Antonio, Case 20-7637, Adversary
2 20-537.
3 THE COURT: All right. I will take appearances
4 Plaintiff's side first.
5 MS. CRUZ-GARCIA: Victoria Cruz-Garcia for DGP
6 Products, and to my left is Bill Kent -- William Bill Kent, our
7 IT manager.
8 THE COURT: All right. Thank you.
9 And for Defendant?
10 MS. ANTONIO: Faith Antonio, pro se defendant.
11 THE COURT: All right. Very well.
12 We were scheduled to be here at trial beginning at
13 2:30. Thank you all for being here and being promptly here.
14 The trial is scheduled for two hours. The issue at trial is
15 the TikTok videos that Plaintiff believes, alleges were either
16 recorded or posted or and/or posted at the very time that my
17 order commanded Ms. Antonio to be in this courthouse.
18 Are the parties ready to proceed?
19 MS. CRUZ-GARCIA: Yes, Your Honor.
20 MS. ANTONIO: Yes, Your Honor.
21 THE COURT: All right. Then the motion for sanctions
22 was filed by the Plaintiff, so it's the Plaintiff's burden to
23 go forward.
24 MS. CRUZ-GARCIA: Yes, Your Honor. And just as some
25 preliminary housekeeping issues, I assume based on the orders
LIBERTYTRANSCRIPTS.COM

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1 that were entered by the Court that we will address the
2 evidentiary issues of the exhibits and the witnesses as they
3 become relevant or presented before the Court. However, there
4 are a lot of parties in the courtroom today, and I don't know
5 if the Court is concerned about witnesses and the testimony and
6 whether or not we should invoke the rule at this point.
7 THE COURT: I will impose the rule if it is invoked.
8 Are you invoking the rule?
9 MS. CRUZ-GARCIA: Yes.
10 THE COURT: All right, then. Anyone who is going to
11 be called as a witness must be excused and hang out in the
12 corridor. Keep your social distance, if you will. I believe
13 that there is a little food lounge on the third floor on the
14 south end if you get hungry. I believe that there is also a
15 little office if you'd like to do work on the ninth floor that
16 is -- it may be locked, however, so.
17 But anyway, you can wait in the hallway or go down to
18 the third floor, get yourself some food, and then come back to
19 the hallway. So only one witness is being excused?
20 MS. ANTONIO: Yes, ma'am.
21 THE COURT: Mr. Kent, too? All right. Very well.
22 I want to thank the court security officer for being
23 here, too. Thank you.
24 Are there two or one?
25 UNIDENTIFIED SPEAKER: Two. We're here.

5
1 THE COURT: Oh, sorry. Judge Williamson is
2 apparently a lot taller than I am. He has all these monitors
3 and I can't see over them. I will move my chair when it gets
4 time for me to look at the witness box.
5 All right. So we've invoked the rule. Maybe a few
6 other little housekeeping items. I am not going to quash the
7 subpoena to Daniel Geberth. He is to be here.
8 I doubt that he has any relevant information
9 concerning the issue in this particular trial, which is the
10 timing of both the creation of the videos and the posting of
11 the videos. But he has been subpoenaed. And the fact that he
12 doesn't think he's a witness is no excuse. So he needs to get
13 down here. We are going to be denying that motion to strike --
14 I mean to quash.
15 With the motion to compel better answer to
16 Interrogatory Number 6, which is really what you meant in
17 Interrogatory Number 5, Ms. Antonio, the way that you ask the
18 question, it is not clear at all that what you posted in your
19 motion would meet the parameters of your question such as to
20 make the answer false. You said, you used adjectives and
21 adverbs, consistently through January 20th to the present date.
22 Consistently, unless you defined it, means a lot and
23 always. Sporadic instances of investigation do not fit the
24 terminology "consistently" or at least it's reasonable for
25 someone to construe it the way that they did. So you need to

6
1 be careful. I've said before words matter.
2 Have you ever paid anyone to investigate me? What's
3 their name? When was it? That's the question. So I am going
4 to deny your motion to compel better answers to or an answer to
5 Interrogatory 6 which you really meant 5. That's Document 565.
6 I'm going to deny the motion to strike your filing
7 concerning the meet-and-confer colloquies. The rules of
8 evidence require me to exclude settlement offers. Under very
9 limited circumstances could I admit them into evidence. This
10 is not court-ordered mediation. There's not a violation of the
11 confidentiality rule that applies to mediation. So the only
12 issue is whether someone would offer a settlement offer into
13 evidence, in which case probably unless someone could show me a
14 different context, I would exclude it. So I will deny the
15 motion to strike the notice regarding the meet-and-confer.
16 Regarding the meet-and-confer notice, Number 553, Ms.
17 Antonio, it is bad faith to take an absolute refusal to settle.
18 To come into a meet and confer to discuss settlement, it is not
19 good faith to say I'm not going to talk about the subject that
20 the judge asked me to talk to you about. You don't have to
21 settle just this trial. You can settle globally. That's what
22 I can tell from the emails.
23 It's okay for them to make an offer of global
24 settlement without getting down to the microlevel of this trial
25 because this trial would be subsumed within a global

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1 settlement. So to say I refuse to talk, I refuse to confer
2 about settlement, period, that's not in good faith. So I know
3 that you think you complied, but you did not.
4 MS. ANTONIO: Your Honor, may I proceed?
5 THE COURT: Unless you can tell me that you didn't
6 write the email that says that there is no settlement, period.
7 MS. ANTONIO: The settlement proposal was for me to
8 withdraw my pleadings. It was in that context that --
9 THE COURT: It was for -- no, no, ma'am, I don't
10 think you read it. It was for a complete walkaway. It was a
11 complete walkaway on both sides. They withdraw theirs; you
12 withdraw yours. We're done. We never have to visit this issue
13 ever again.
14 So -- but that's not what you said. You didn't
15 condition your refusal. You just said no. And unless you
16 didn't write that --
17 MS. ANTONIO: I have the video to show everybody what
18 happened.
19 THE COURT: I believe I saw an email from you. Did I
20 not?
22 THE COURT: You filed it.
23 Would you please for the record read what she said,
24 the sentence that I'm referring to?
25 MS. CRUZ-GARCIA: Sure, Your Honor.

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1 THE COURT: This is not a game. This is some very
2 serious stuff going on in this case, and this is a subsidiary
3 point to be sure, but this is also a very serious matter.
4 MS. CRUZ-GARCIA: Sorry, Your Honor. There's so many
5 emails.
6 (Pause)
7 THE COURT: It's within that filing.
8 MS. CRUZ-GARCIA: Oh. It's the notice.
9 MS. ANTONIO: Your Honor?
10 THE COURT: Wait while she does it. When you talk,
11 she can't concentrate on what you're saying.
12 MS. CRUZ-GARCIA: I'm so sorry, Your Honor. Just
13 give me one second.
14 (Pause)
15 THE COURT: I may be able to get to it from my
16 computer.
17 MS. CRUZ-GARCIA: It's Document 553.
18 THE COURT: Yes, that's the one.
19 MS. CRUZ-GARCIA: And --
20 (Pause)
21 THE COURT: Ms. Arciola may be getting ahead of you.
22 If you hit it first, Ms. Arciola, you may speak up
23 and identify the page on which it is.
24 THE COURT: So on Page 2, the actual document that
25 was filed, Number 6 and 7, Paragraph 6 and 7 says that "Ms.

9
1 Garcia refused to discuss any matters relating to the TikTok
2 trial and questions regarding the attendance of Geberth." And
3 then Paragraph 7, "Defendant has stated several times for the
4 record any settlement is completely off the table."
5 THE COURT: That may be the one that I'm thinking of.
6 Is there an email with that sentence?
7 MS. CRUZ-GARCIA: There is an email exchange that was
8 filed regarding the errata sheet and my out-of-office message.
9 Oh, here we go. I apologize, on Page 7, "Tuesday,
10 January 25th, 2021 at 2:55 p.m. a meet and confer" -- this is
11 from Faith Antonio, faithantonio.legal@gmail.com -- to
12 vgarcia@solomonlaw.com:
13 "I don't believe it was done in good faith. You
14 abruptly ended this. A meet and confer isn't a
15 demand to dismissal of claims. Furthermore,
16 reciprocal injunctions are illegal. Are you
17 admitting that your complaint has unfounded
18 allegations? I object to the use your paid employee.
19 You do not need to copy Ms. McHugh. She only
20 appeared as an observer."
21 THE COURT: That was not it. It must have been in
22 the cover page. And what paragraph were you reading from?
23 MS. CRUZ-GARCIA: I was reading from the prior
24 allegations were at Paragraph 6 and 7.
25 THE COURT: Okay.

10
1 MS. CRUZ-GARCIA: But --
2 THE COURT: Paragraph 7, "Defendant has stated
3 several times" -- and that's underlined, the word "several" --
4 "for the record that any settlement is completely off the
5 table. I consider that to be a refusal."
6 There's nothing I'm going to do about that. This is
7 just an open -- a loose end in those that are noted, and I've
8 gone through some of them.
9 With respect to the production of the videos in
10 native form, did you produce those today immediately before the
11 trial?
12 MS. ANTONIO: I don't have -- with this platform,
13 there's no ability to have a native form. Everything is done
14 in app, and I'm not the sole user to the account.
15 THE COURT: Somehow you should have access to content
16 that you star in. And the native format, as you know, is
17 important because you weren't willing to accept screenshots of
18 a computer of Intuit.
19 MS. ANTONIO: I have downloaded directly from the
20 site (indiscernible) native file.
21 THE COURT: From the site? I would think that it
22 would be recorded on a device and then uploaded to the site.
23 MS. ANTONIO: Yes. And from -- it doesn't work that
24 way with the app TikTok. You can record in app, so there's no
25 original.

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1 THE COURT: Okay. So you set up your phone, and then
2 you perform in front of it and that captures the recording?
3 MS. ANTONIO: Yes.
4 THE COURT: All right. All right. We'll leave that
5 for trial then. The native format is whatever TikTok is.
6 Okay? That's what her answer is. You can explore it on the
7 stand.
8 MS. CRUZ-GARCIA: I will, Your Honor. And I need a
9 brief moment to advise Mr. Kent so that he could contact Mr.
10 Geberth.
11 THE COURT: Okay.
12 MS. CRUZ-GARCIA: He is --
13 THE COURT: So he can get here?
15 THE COURT: Okay.
16 MS. CRUZ-GARCIA: May I do so now?
17 THE COURT: You may. And we'll sit quietly by until
18 you return.
19 (Pause)
20 MS. CRUZ-GARCIA: Thank you, Your Honor.
21 THE COURT: All right. I also owe an order on the
22 Defendant's motion to strike Solomon Law Group's affidavit of
23 attorneys' fees and costs.
24 The order, as i said, is going to be denying Number
25 517 filed by Ms. Antonio. The motion makes several irrelevant

12
1 arguments and further makes clear that Ms. Antonio
2 misunderstands the nature of the matter at issue, which is her
3 unjustifiable violation of court orders requiring her to appear
4 for her deposition and the expenses incurred as a result of her
5 unjustified failure to appear.
6 Your contention that you were too ill to attend the
7 deposition has already been rejected by me. After giving you
8 more than ample time to supply me with medical records that
9 would show that at the appointed dates you were too ill or were
10 suffering a mental breakdown, notwithstanding those ample
11 opportunities to provide the medical records, what I got was
12 something that wholly is unsupportable of the contention that
13 you had any health issue on those appointed dates. I'm not
14 going to revisit that finding here.
15 Your complaints about past scheduling disputes are
16 not material. What was at issue is not appearing pursuant to
17 my court order. No matter what happened in the past, in this
18 case or another case, what is important is when the court order
19 tells you to be someplace, you need to be someplace.
20 The Court is taking quite seriously your concern for
21 your personal safety and the safety of your friends and family.
22 And this was in large part the reason why the Court went to
23 such extraordinary lengths to put into place protections for
24 your benefit. I conferred with the state court judge.
25 Regarding your alleged fear of the potential presence of a

13
1 third party, that does also not provide any excuse given the
2 protections that we put into play.
3 In deference to those issues, we deployed court
4 resources in the form of courtrooms and court facilities. We
5 deployed U.S. Marshal resources, more than one court security
6 officer. And we imposed upon some lawyers that I will call
7 volunteers, but they were voluntold to act as court observers
8 to keep the peace and dignity of the proceedings to give you,
9 in essence, what I believe was concierge deposition treatment
10 and concierge protective treatment.
11 So your motion to strike really misses the mark in
12 terms of what is at issue.
13 With regard to your contentions which are relevant,
14 the ones that were relevant, they are either frivolous or
15 without merit. The contention that the Plaintiff is seeking
16 reimbursement for time spent for rescheduling the deposition
17 from August is wholly frivolous as it is belied by the detailed
18 time records attached to the affidavit.
19 Further, you cherry-picked from the affidavit.
20 Paragraph 9 states that the Plaintiff seeks reimbursement for
21 hours billed to enforce the Court's order. You seem to forget
22 that it took several iterations of the order compelling your
23 appearance for your deposition.
24 The contention that Plaintiff seeks reimbursement for
25 costs associated with Ilene Kanter is equally frivolous. No

14
1 such cost items appear in the time record and the invoices
2 attached to the affidavit. It is true that Ms. Kanter is
3 listed among the individuals with whom Plaintiff's counsel
4 conferenced. Those conferences also included Mr. Kanter,
5 Plaintiff's expert witness.
6 Based on the fact that the record shows that Ms.
7 Kanter is her husband's assistant, it is logical that an
8 assistant would be present to take notes at such during
9 conferences between her employer and Plaintiff's counsel.
10 Regarding the time spent investing in documenting
11 your TikTok activity, this appears to have been incurred as
12 part of pursuing a remedy for your failure to appear at the
13 scheduled deposition. And as such, those expenses are
14 compensable. Rule 37(d)(3) says:
15 "Instead of or in addition to these sanctions, the
16 Court must require that the party failing to act, the
17 attorney advising that party, or both to pay the
18 reasonable expenses including attorney's fees caused
19 by the failure unless the failure was substantially
20 justified or other circumstances make an award of
21 expenses unjust."
22 Here, I have already determined that your failure to
23 appear was unjustified because you did not prove otherwise.
24 As to the concern that you enumerated that the
25 Plaintiff's counsel had a conference with the court-appointed

15
1 observer on the first day of the scheduled depositions, the
2 concern appears to have been made from whole cloth. From my
3 own personal observation, the Court knows that Ms. Hart
4 (phonetic) or Ms. Hart was present in the room as I ordered her
5 to be where the scheduled deposition was set to take place. It
6 is certainly understandable that everyone who was present in
7 the room would discuss events as they unfolded.
8 Last, your suggestion that the Plaintiff's request to
9 strike your pleadings or for entry of a default judgment as a
10 sanction for failure to appear for depositions is inappropriate
11 or a calculated attempt to intimidate you, and that is without
12 basis, too.
13 The striking of a party's pleading and the entry of a
14 default judgment are considered extreme remedies for
15 discovery-related abuses. But they are, nonetheless,
16 available. And there's nothing untoward about Plaintiff
17 seeking an available remedy which many do in many cases where
18 there is no animosity that the Court could detect for which it
19 believes is appropriate.
20 Furthermore, I have not yet determined the full scope
21 of what sanctions may be appropriate because we have yet to
22 have this trial. The extremeness of the discovery-related
23 abuses are what will drive sanctions beyond attorney-fee
24 shifting. The extremeness or not is what the subject of this
25 trial is.

16
1 I don't think I have any more housekeeping issues.
2 If I do, we'll get to them. To the extent that they relate to
3 the merits of the actual adversary proceeding, obviously, we're
4 not going to deal with those today.
5 Are you ready, Ms. Cruz, to make an opening statement
6 to tell me what you intend to prove today?
7 MS. CRUZ-GARCIA: Your Honor, if it pleases the
8 Court, I would just bypass in the interest of time any opening
9 statement. I will definitely have a closing statement, but I
10 would just move to call my first witness.
11 THE COURT: Okay. Let me ask Ms. Antonio.
12 Ms. Antonio, do you have an opening statement where
13 you will tell me, not argue about what a bad guy Mr. Geberth
14 may be, where you will tell me what you intend to prove
15 concerning the timing of the recordings' creation and the
16 timing of the posting of the recording?
17 MS. ANTONIO: I do.
18 THE COURT: Okay. You may make your opening
19 statement. Tell me what it is you intend to prove.
20 MS. ANTONIO: Your Honor, so on the days that I
21 missed my deposition and I intend to prove that what the
22 Plaintiff is alleging is categorically false that due to the
23 stressors of a deposition and the underlying factors of the
24 threats that occurred, it put me to a situation mentally and --
25 mentally and, I'm sorry, I'm having a -- it put me to a

17
1 situation mentally where it flared up my rheumatoid arthritis.
2 And I will be able to prove today that there was
3 other circumstances outlying that was what Plaintiff had seen
4 through TikToks. There's --
5 THE COURT: So, again, you're going to show --
6 MS. ANTONIO: I'm sorry.
7 THE COURT: -- your evidence will show what regarding
8 TikTok?
9 MS. ANTONIO: It will be able to show that the
10 Plaintiff's allegations with the TikTok is unfounded, that
11 there is other circumstances underlying that.
12 THE COURT: All right. Anything else?
13 MS. ANTONIO: No, Your Honor.
15 All right. Call your first witness, Ms. Cruz-Garcia.
16 MS. CRUZ-GARCIA: I'm sorry, Your Honor. I just need
17 one clarification. As I understand that pursuant to the
18 Court's order, the scope of today's trial is two-fold: First,
19 the timing of the creation and/or posting of the videos and,
20 second, the identity of the individual who posted them.
21 THE COURT: Correct.
22 MS. CRUZ-GARCIA: Regarding any illness that would
23 excuse the Debtor from any depositions, that's already been
24 adjudicated upon and, therefore, not relevant for purposes of
25 today's TikTok trial.

18
1 THE COURT: It's not relevant unless she can say that
2 she got in front of a camera because she had a mental breakdown
3 that made her feel like she wanted to get in front of a camera
4 and talk about a case that she chose not to show up to a
5 deposition for.
6 MS. CRUZ-GARCIA: Fair enough. I call Ms. Antonio as
7 the first witness.
9 Ms. Antonio, you may proceed to the witness stand.
10 And you'll notice that we do have a fresh microphone cover on
11 that as we do at all the microphones here today. And if once
12 you get there you keep standing, Ms. Arciola will swear you in
13 or the court security officer.
14 Do you do that, sir?
15 COURT OFFICER: No. I'll let Ms. --
16 THE COURT: Okay.
17 THE CLERK: Raise your right hand.
18 FAITH ELYZABETH ANTONIO, PLAINTIFF'S WITNESS, SWORN
19 THE WITNESS: I need a moment, please. I'm having
20 another attack.
21 (Pause)
22 THE COURT: And, also, pull that microphone over to
23 you because you have a breathless sort of voice that needs
24 amplification. Thank you.
25 MS. CRUZ-GARCIA: Ready?

Antonio - Direct/Cruz-Garcia 19
1 THE WITNESS: I am.
2 DIRECT EXAMINATION
3 BY MS. CRUZ-GARCIA:
4 Q Please state your full name for the record.
5 A Faith E. Antonio.
6 Q Do you have any social media accounts?
7 A Yes.
8 Q Do you have a TikTok social media account?
9 A Yes.
10 Q Do you have a Q&A feature on your TikTok account?
11 A No.
12 Q Okay. And just for clarification, is your understanding
13 that only content creators have Q&A availability on their
14 TikTok accounts?
15 A That's not to my knowledge.
16 Q Okay. Do you have a TikTok application on your phone?
17 A Yes, I do.
18 Q And do you have a TikTok application on your tablet or
19 computer?
20 A I do.
21 Q Okay. And what is your --
22 THE COURT: Which -- hold on, which one? Don't use
23 "or."
24 MS. CRUZ-GARCIA: Okay, sorry. I'll break it down.
25 THE COURT: Thank you.

1 By MS. CRUZ-GARCIA:
2 Q Do you have the TikTok application on your tablet?
3 A I do.
4 Q And on your computer, do you access TikTok via the
5 internet?
6 A That's the only way you can do it, yes.
7 Q Okay. What is the TikTok page name?
8 A For -- can you please elaborate your --
9 Q What is the TikTok page screenname for your TikTok
10 account?
11 A My -- my -- my own or underneath the company?
12 Q Who owns the Poetic.Injustice TikTok account?
13 A Link 3 Enterprises.
14 Q Okay. And what is Link 3 Enterprises?
15 A It's a company.
16 Q A company owned by whom?
17 A Ethan Antonio.
18 Q And Ethan Antonio, for the Court's benefit, is whom?
19 A My son.
20 Q Okay. And since when has Ethan Antonio owned a TikTok
21 page?
22 A Everybody has their own personal, but it's -- as I
23 explained it before, the one that you're referring to,
24 Poetic.Injustice, is used for an advocacy for domestic
25 violence.

1 Q That's not my question, ma'am. My question is since when
2 has Ethan Antonio owned the Poetic.Unjustice [sic] TikTok
3 account?
4 A I am not sure how to answer that.
5 Q Okay. Is Ethan Antonio present in the courtroom today?
6 A No, he isn't.
7 Q How long has Ethan Antonio been affiliated with Link, the
8 company that you referred to?
9 A For a year.
10 Q Excuse me?
11 A For a year.
12 Q One year --
13 A One year.
14 Q -- from today? So February of 2020?
15 A No. From --
16 Q February of 2021? My apologies.
17 A I -- I do not know.
18 Q February of --
19 A I do -- I do not know.
20 Q Okay. What other TikTok pages do you have that use your
21 image or likeness?
22 A None.
23 Q So, for clarification, the only TikTok account that posts
24 your image or likeness is Poetic.Unjustice. Correct?
25 A I have a private that it doesn't -- it's going to have to

1 be more refined. I can't answer these questions unless it has
2 refinement.
3 THE COURT: What would you need to know in order to
4 identify the subject that she is trying to identify? She's
5 asking fo you have any TikTok account that you access where
6 your image is projected out to the public.
7 THE WITNESS: That's mine? No, it's not mine, so no.
8 My -- my own is not -- it's private.
9 THE COURT: Okay. So you have a private TikTok?
10 THE WITNESS: Yes.
11 THE COURT: Okay. So you've got some filters on
12 there or some protection is triggered on there?
13 THE WITNESS: Nobody can see them, yes.
14 THE COURT: Okay.
16 Q Okay. And what is the screenname for your private TikTok
17 page?
18 A Ms. Discerning (phonetic).
19 Q Okay. And when did you open that TikTok account?
20 A I do not know.
21 Q Do you have a login name and password to the
22 Poetic.Unjustice TikTok page?
23 A Yes.
24 Q Okay. Did you personally create the login name and
25 password for the Poetic.Unjustice TikTok account?

1 A No. It was a decided factor.
2 Q When you say it's a decided factor, do you mean that you
3 conferred with other people to create the login and password?
4 A No, because it's not underneath my name.
5 Q Okay. So who created the login and password for
6 Poetic.Unjustice TikTok page?
7 A I do not know.
8 Q Okay. If Ethan Antonio was the creator of this
9 Poetic.Unjustice account, why did you not list him in your --
10 A I never said that he was the creator.
11 Q May I finish, please?
12 THE COURT: Wait, wait. We will not have what I saw
13 happen in the deposition. Neither of you will interrupt the
14 other. So wait until she finishes the question. And I'm going
15 to have to -- because she interrupted, I've lost my train.
16 Please start over.
17 MS. CRUZ-GARCIA: Sure. Thank you, Your Honor.
19 Q If Ethan Antonio was the person that created your
20 Poetic.Unjustice TikTok account, why was he not listed on your
21 witness list?
22 A I didn't say that he was created -- he -- he created the
23 account.
24 Q Okay. Who created the Poetic.Unjustice TikTok account?
25 A It's work product.

1 THE COURT: No. Answer the question.
2 THE WITNESS: I don't -- I don't know at the time. I
3 don't remember from three months ago.
4 THE COURT: Then why would you say work product? Can
5 you please answer the question?
6 THE WITNESS: Because it's a -- it's a -- as I said
7 before, it's a -- it's a business account. It's done where --
8 THE COURT: Do you know the person who created the
9 account? Obviously, businesses use the hands and feet and eyes
10 and ears of a human. What human opened --
11 THE WITNESS: It was --
12 THE COURT: -- up that TikTok account?
13 THE WITNESS: -- a collective family creation.
14 THE COURT: All right. That's her answer.
15 MS. CRUZ-GARCIA: Okay.
16 THE COURT: Keep going.
18 Q A collective family of whom? Who comprised that family?
19 A Myself and my two sons, Ethan and Christian.
20 Q Okay. So you collaborated in creating the
21 Poetic.Unjustice TikTok account, correct?
22 A Correct.
23 Q Okay. Did you create that login name and password in
24 collaboration with your two sons for the Poetic.Unjustice
25 TikTok account?

1 A We collaborated together, yes.
2 Q Okay. So you were present when the login and password
3 were created, correct?
4 A Correct.
5 Q Okay. Did you review the terms of service prior to
6 creating this collective TikTok page?
7 A I do not remember.
8 Q Okay. Are you aware that the TikTok terms of service do
9 not allow you to share or disclose passwords to third parties?
10 A It's not a third party.
11 Q So you did not share your login and password with any of
12 your co-creator sons?
13 A There's -- there's different contexts of accounts. So if
14 there's a business account, there's a creator account, and then
15 there's a personal account. So it's not a violation.
16 Q Okay. So under the business account that was created,
17 it's your testimony that under that business TikTok account,
18 more than one person can have access to a login and password
19 information?
20 A Yes.
21 Q Did you -- but you stated, too, that your TikTok
22 Poetic.Unjustice does not have a Q&A feature, correct?
23 A I did not say it was my TikTok.
24 Q Okay. My question was does the Poetic.Unjustice account,
25 TikTok account, have a Q&A feature?

1 A Not to my knowledge, no.
2 Q And, again, are you aware that the Q&A feature is a
3 feature that is available for a business and content creators
4 only?
5 A I'm not aware.
6 Q Can people usually download videos from TikTok accounts?
7 A Yes.
8 Q Okay. And can the account owner disable the ability for
9 others to download TikTok videos posted on TikTok?
10 A Yes.
11 Q Okay. Are you compensated in any way by TikTok?
12 A No.
13 Q Do you receive any payments that are connected to the
14 amount of followers?
15 A No.
16 Q What paid partnerships and/or sponsorships have you
17 received from the videos that you've posted on TikTok?
18 A What's the relevancy?
19 Q I'm sorry?
20 A What's the relevancy?
21 Q You filed Document Number 566 with the Court on January
22 28th of 2021 [sic] and you alleged that at Paragraph 4: "On
23 January 6 of 2022, Defendant stated in open court that other
24 individuals have access and post on this account. This account
25 is used as a platform" -- and it continues and says: "Videos

1 that are featured on this account is work product as social
2 media influencers have the potential of paid partnerships and
3 sponsorships."
4 So what paid partnerships and sponsorships have you
5 received as a result of your Poetic.Unjustice TikTok account?
6 A I object to any questions. What's the relevancy for what
7 is -- what is the underlying factors of the allegations of
8 monies collected or not?
9 THE COURT: Go ahead and explain.
10 MS. CRUZ-GARCIA: I'm sorry, Your Honor.
11 THE COURT: What would be the purpose of showing that
12 she's received money either directly or indirectly through the
13 Link 3 account --
14 MS. CRUZ-GARCIA: Your Honor, the relevancy --
15 THE COURT: -- to whether she actually did it or
16 somebody else posted it?
17 MS. CRUZ-GARCIA: The relevancy is that if this
18 account is created for the purpose, a business purpose, as she
19 claims, then it should collect a paid partnerships and
20 sponsorships. And the mere collection of those things would
21 tell us clearly whether or not this is a personal account or a
22 business account, as she claims now.
23 THE COURT: It's relevant.
24 MS. CRUZ-GARCIA: And she's -- I'm sorry, and she's
25 --

1 THE COURT: It's relevant to that. It's also
2 relevant to your control over a person who would be posting if
3 the end game is for you to receive money.
4 THE WITNESS: Okay.
5 THE COURT: Answer it.
6 THE WITNESS: No.
7 THE COURT: Meaning you don't receive any paid
8 sponsorships from TikTok?
9 THE WITNESS: No.
10 THE COURT: Individually or through Link 3?
11 THE WITNESS: I don't receive anything, no.
12 THE COURT: Okay.
14 Q And no partnerships either?
15 A No.
16 Q Okay. How many times a month would you say you yourself
17 post videos on the TikTok account? And when I say TikTok
18 account, for everyone's reference, I'm referring to
19 Poetic.Unjustice.
20 A Can you repeat that, please?
21 Q How many times per month would you say you post on the
22 TikTok account?
23 A Very sporadic.
24 Q Okay. How many times a month would you say you post
25 videos?

1 A Sporadic.
2 Q Okay. Is sporadic to you more than five?
3 A I don't post every month to TikTok account, so it's very
4 sporadic.
5 Q My question is, ma'am, is sporadic to you more than five
6 times a month?
7 A Sporadic might be once a month, zero -- zero times a
8 month. It depends.
9 Q Well, zero would be none, correct?
10 A Not at all. Yes, correct.
11 Q Okay. So sporadic to you means that if you just post one
12 time a month, that would be sufficient to satisfy your
13 definition of sporadic?
14 A No, because it's not -- it's not something that is done
15 all the time.
16 Q Okay. How many times a month would you say other people
17 post videos on that TikTok account on your behalf?
18 A Can -- what's the relevancy to -- to refine these
19 questions to the two dates in question?
20 THE COURT: Go ahead.
21 MS. CRUZ-GARCIA: I'm laying the foundation, Your
22 Honor. I'm really trying to lay the foundation as to --
23 THE COURT: Overruled.
24 MS. CRUZ-GARCIA: -- the activity on this TikTok page
25 so that I can move to the videos.

1 THE COURT: Overruled. Answer it.
2 THE WITNESS: Can you please repeat it again?
4 Q How many times a month would you say other people post
5 videos on the TikTok account?
6 A It's sporadic. I don't know.
7 Q Okay. When other people post to the TikTok account videos
8 that contain your likeness and image, do they ask for your
9 permission to post the content?
10 A The likeness or image is not anybody but my own.
11 Q That's not my question, ma'am. When other people post to
12 the TikTok account, do they ask your permission to post the
13 content?
14 A You just changed your question.
15 THE COURT: I think she was refining it so that you
16 would understand --
17 THE WITNESS: But she refined it --
18 THE COURT: Ma'am?
19 THE WITNESS: It was confusing me.
20 THE COURT: When other people have a video in their
21 possession, whether you recorded it or they recorded it, do you
22 give them permission to post it on TikTok?
23 THE WITNESS: If they have access to the account,
24 yes, they have --

1 Q What do you mean they have access to the account? Let me
2 back up. Do you record the TikTok videos yourself?
3 A It doesn't work that way. That's why I just don't
4 understand how to answer these questions.
5 THE COURT: Do you stand --
6 MS. CRUZ-GARCIA: Is it --
7 THE COURT: Hold on. Do you stand in front of the
8 device and speak to the app?
9 THE WITNESS: The ones that --
10 THE COURT: When it's you.
11 THE WITNESS: When it's me, yes.
14 Q And when you save those TikTok videos that you are
15 standing in front of the camera and recording, where do you
16 store those videos?
17 A They automatically get stored in the drafts in the -- in
18 the app.
19 Q Okay. And isn't it correct that you can also derive
20 TikTok videos from your device library?
21 A Yes.
22 Q Okay. Is it your testimony here today that every single
23 video that you have posted on TikTok has been saved in the
24 drafts folder of the TikTok app?
25 A No.

1 Q Okay. So there are occasions where some of the videos
2 that you have recorded go to your device -- come from your
3 electronic device library, correct?
4 A Can you please repeat that?
5 Q There are some videos then that you have uploaded to
6 TikTok that come from your own device, the library of your own
7 electronic device, correct?
8 A Correct.
9 Q When you upload the TikTok videos to the drafts, who
10 publishes the actual video on the TikTok platform?
11 A I don't know what that means.
12 Q How does the video go from your draft folder to the TikTok
13 account page?
14 A We hit send.
15 Q Okay. And are you the person that is hitting send from
16 the draft TikTok folder to post on the TikTok page account?
17 A Not all of the time.
18 Q Okay. Who else is doing that for you?
19 A During what -- is it refined to scope or this is just so
20 overbroad.
21 Q At any time. I'm laying the foundation. At any time
22 during the existence of this TikTok account, who else after you
23 record and place it in the draft folder in the TikTok app, who
24 else hits send in order to post that video and move it from the
25 draft TikTok account or the draft folder from the TikTok app to

1 the actual TikTok account?
2 A So we have an understanding that if something happens to
3 me, there are premade drafts that are in the account because of
4 the stressors and issues and the mental strain that I'm --
5 MS. CRUZ-GARCIA: Move to strike, Your Honor.
6 THE WITNESS: Please let me -- I have --
7 THE COURT: No, she's answering. Do not interrupt
8 her. You let her answer, then you can move to strike if you
9 think it's nonresponsive.
10 MS. CRUZ-GARCIA: My apologies, Your Honor.
11 THE WITNESS: I forgot what I was saying.
12 We have -- that if something happens to me, whether
13 mentally or because of my -- the stressors of this where I am
14 no longer living, we have that everything that has occurred
15 will be subject to being put online to expose what's going on.
16 And that's what the certain times and that's why it stays
17 there.
18 MS. CRUZ-GARCIA: Move to strike, Your Honor.
19 Nonresponsive.
20 THE COURT: Granted. It is nonresponsive. She
21 wanted to know who else during the time period has hit send to
22 upload a draft, and you just gave an answer that talks about
23 your not being alive.
24 So we're talking about present and present tense.
25 Who else besides you has hit send to upload a draft video to

1 TikTok?
2 THE WITNESS: Tabitha Ann Gregor.
5 Q So in addition now to your two sons who have access to
6 your login and password, Tabitha Ann McGregor also has access
7 to your login and password for the TikTok account?
8 A Yes.
9 Q Okay. Anybody else that has access to the login or
10 password to the TikTok account?
11 A No.
12 Q Have you ever transmitted videos to be posted on the
13 TikTok account to Tabitha Ann McGregor or your two sons through
14 another electronic device that is not through the TikTok app?
15 A It doesn't work that way, no.
16 Q Okay. What electronic device do you use to record the
17 TikTok videos?
18 A It's an open-ended question.
19 Q Do you use your phone to record the videos that are posted
20 on TikTok?
21 A No.
22 Q Do you use a tablet to record the videos that are posted
23 on TikTok?
24 A No.
25 Q Do you have camera equipment that records the TikTok

1 videos?
2 A No.
3 Q What electronic device do you use to record the TikTok
4 videos?
5 A It's a secondary phone.
6 Q Okay.
7 A It's not -- it's not my phone. It's a secondary phone.
8 Q Who owns the phone where the TikTok videos are recorded?
9 A The company.
10 Q The company that's owned by your two sons?
11 A Correct.
12 Q And your two sons reside with you?
13 THE COURT: I heard that only one son owns it. Did I
14 hear wrong?
15 MS. CRUZ-GARCIA: You did, Your Honor. It's two
16 sons.
17 THE COURT: I'm sorry.
18 THE WITNESS: It's one son, Ethan.
20 Q You said Ethan and your other son --
21 A No, I said --
22 Q -- owned the company, as well.
23 THE COURT: No, no. She said that they collaborated
24 with the two but the one owned the company.
25 MS. CRUZ-GARCIA: Okay. My apologies, Your Honor.

1 THE COURT: So who owns the secondary phone?
2 THE WITNESS: It's underneath the company.
3 MS. CRUZ-GARCIA: Thank you.
5 Q And your son Ethan that owns Link resides with you?
6 A Yes.
7 Q And you have unfettered access to that phone that's owned
8 by Link to record and upload your videos, correct?
9 A Correct.
10 Q Okay. Who does the editing for the TikTok videos?
11 A I don't know. What do you mean editing?
12 Q I'm sorry?
13 A There is no editing.
14 Q Okay. Who adds the music to the videos?
15 A It's part of the app.
16 Q Okay. Who does -- who adds the music to the TikTok
17 videos?
18 A What's the relevancy of this?
19 THE COURT: I'm considering that to be her objection,
20 so go ahead and I don't mind if you just say it.
21 MS. CRUZ-GARCIA: Your Honor, I am trying to
22 establish that who recorded the videos lay the foundation as to
23 who recorded, edited by adding music, filters, or whatnot
24 before posting the videos to TikTok.
25 THE COURT: And that would tend to show what

1 concerning this trial?
2 MS. CRUZ-GARCIA: It would tend to show that she was
3 in control of those videos.
4 THE COURT: I'll allow the question. Answer it.
5 THE WITNESS: Can you say it again?
7 Q Who adds the music to the your TikTok videos?
8 A They're not my TikTok videos.
9 THE COURT: Who adds the music to TikTok videos that
10 show you?
11 THE WITNESS: Me or they're automatically suggested
12 and attached.
14 THE COURT: But they don't attach unless you allow
15 it, right? So you have to accept it or you select it.
16 THE WITNESS: I don't know -- it's either -- it's
17 either it's just a show. But sometimes the -- the app
18 automatically attaches it.
20 Q Well, there's a TikTok library of music that suggests the
21 music to the TikTok video, correct?
22 A Correct.
23 Q And you select from that library of music what you're
24 going to add to the specific video, correct?
25 A It can -- you have either choice.

1 Q Okay. Who adds the graphics to the TikTok videos?
2 A Whoever is creating or if it's sitting in the drafts.
3 Q Okay. Once it's uploaded to the draft, does it contain
4 all the graphics and music already?
5 A Can you please repeat that question?
6 Q Sure. Once the video is uploaded to the draft folder of
7 the TikTok, does it already have the music and graphics added?
8 A That's not -- all videos are not uploaded. But it depends
9 on the circumstance.
10 Q Okay. Who creates the tagline or the caption for the
11 TikTok videos?
12 A The person who's creating the video.
13 Q Okay. So for any videos that you recorded and let's just
14 define what you mean by created. Do you mean the person who
15 creates it is the person who records it?
16 A There's so many different -- there's so many different
17 circumstances when it comes to this.
18 Q Do you mean when you say created that the person who
19 creates the video is the person who records the video?
20 A I don't know how to answer these questions. They're just
21 above and beyond that I -- I understand.
22 THE COURT: Do you have an example of a TikTok video
23 that she appears in that has a tagline?
24 MS. CRUZ-GARCIA: I have --
25 THE COURT: Give her the tagline.

1 MS. CRUZ-GARCIA: -- 23 of them, Your Honor.
2 THE COURT: Say, ma'am, I want you to assume that
3 there's a video that shows you and the tagline is X. Who put
4 that tagline there?
5 THE COURT: Okay.
6 MS. CRUZ-GARCIA: Is Bill here? You're Bill?
7 Because I don't know if I could disconnect all of this and I'll
8 still be connected to Zoom.
9 THE COURT: Hold on. Do you know what a tagline is?
10 THE WITNESS: I do.
11 THE COURT: What is it?
12 THE WITNESS: It's the -- I'm sorry.
13 THE COURT: Does it have a hashtag in front of it and
14 a word?
15 THE WITNESS: I can't get my words out because I'm --
16 I'm sorry, I'm having -- I'm sorry. So I'm having a hard time
17 explaining things when my head feels like this.
18 Can you please repeat that one more time? A tagline
19 is just a caption.
20 THE COURT: Okay.
22 Q The description that you -- that a person assigns to the
23 video, correct?
24 A Can you say that again, please?
25 Q A tagline or caption is --

1 THE COURT: She calls it a caption.
2 MS. CRUZ-GARCIA: I'm sorry?
3 THE COURT: She called it a caption.
4 MS. CRUZ-GARCIA: Okay. Fair enough, Your Honor.
6 Q Have you stored any of the TikTok recordings in any other
7 place except a draft -- oh, never mind. You already said that
8 you get them from the library.
9 Do you retain copies of the videos once they're uploaded
10 to TikTok?
11 A No.
12 Q Have you ever repurposed any TikTok videos and then
13 uploaded them at a different date?
14 A No, it doesn't work that way. No.
15 Q And just to clarify, it's your --
16 A (Indiscernible).
17 Q -- it's your testimony that you have never taken an old
18 video and excerpted from that video and reposted a new brand
19 new video with the same content?
20 A Those are two different questions. You originally said
21 uploaded to --
22 Q I said repurposed, but I'm defining repurposed for you
23 just to be clear.
24 A So within the app, you can repost your own videos .
25 Q Okay. Have you ever taken a video and edited that video

1 or taken a snapshot or a piece of that video and reposted it as
2 a brand new video?
3 A That's what reposting is. It's a brand new video.
4 Q Okay. Just to make sure that we're clear. And your
5 answer to that is, yes, you've done that before?
6 A Yes.
7 Q Okay. On September 30th of 2021, you were scheduled to
8 attend a deposition, correct?
9 A Correct.
10 Q And that deposition was going to be held where?
11 A In Courtroom 8B.
12 Q Okay. And at the time of that deposition, there was a
13 court observer appointed. Correct?
14 A I wasn't there.
15 Q Just listen to my question, ma'am. At the time of your
16 deposition, there was a court-appointed observer ordered to be
17 at the deposition?
18 A Yes.
19 Q Okay.
20 MS. CRUZ-GARCIA: If he could just wait outside
21 because if he's going to be a witness, I'm going to sequester
22 him, as well.
23 THE COURT: Okay. He's going to have you -- she
24 wants you to be sequestered. You may want to -- you want to
25 take a minute and go out there and discuss?

1 MS. CRUZ-GARCIA: Sure. Thank you, Your Honor.
2 (Pause)
4 THE COURT: You're welcome.
6 Q All right. What time was your deposition scheduled for?
7 A One.
8 Q Did you attend your deposition?
9 A No.
10 Q Why did you not attend your deposition?
11 A I had a -- sorry. I had a mental breakdown.
12 Q Okay. Did you record any TikTok videos on September 30th
13 of 2021?
14 A No.
15 Q Did you upload any videos on September 30th of 2021?
16 A No.
17 Q Did you record -- were you scheduled to appear at your
18 deposition on October 1st of 2021?
19 A Yes.
20 Q And where was that deposition scheduled to take place?
21 A Courtroom 8B.
22 Q Okay. Was there an order appointing a court observer for
23 that deposition?
24 A Yes.
25 Q Did you record any videos for TikTok on October 1st of

1 2021?
2 A Yes.
3 Q Okay. Did you upload any videos on October 1st of 2021?
4 A No.
5 Q Okay.
6 MS. CRUZ-GARCIA: All right. I'm going to do the
7 videos now, Your Honor.
9 Q I'm going to show you what's been pre-marked as Exhibit 1
10 for identification. Hopefully, I'll be able to manage this
11 without Bill's help.
12 THE COURT: For the record, Mr. McGinnis (phonetic)
13 is here. He's with the Court's IT staff. He's one of our
14 longtime geniuses when it comes to this equipment.
15 THE WITNESS: Your Honor, can I put an objection in
16 beforehand?
17 THE COURT: Yes. What's the objection?
18 THE WITNESS: Well, the relevancy of the content of
19 the -- or the material of the video could potentially prejudice
20 the Court. And there's -- it doesn't show anything that would
21 reflect the reasoning.
22 THE COURT: If the content relates to this case, as
23 I've said, the egregiousness of your nonappearance or not is
24 important to the degree of bad faith that I may find, if any,
25 as opposed to what I've already found that you didn't have

1 justification for not appearing.
2 So if you are -- if they can prove that you are
3 creating content at a time when you should have been here
4 according to my court order and you're discussing this case, I
5 think that's relevant.
6 Now if you're talking about, I don't know, gambling
7 or some kind of rap music that I probably wouldn't like, I
8 don't care about that. That's not going to be prejudice me
9 about you. If you're wearing clothing that I wouldn't wear,
10 that's not going to prejudice me. I'm different from you.
12 THE COURT: If you like, you know, to eat squid and I
13 don't, that doesn't prejudice me against you.
15 THE COURT: So the relevancy, what can you proffer
16 what the content is?
17 MS. CRUZ-GARCIA: Sure. May I continue my
18 questioning from the table, Your Honor, so that I can --
19 THE COURT: Yes.
20 MS. CRUZ-GARCIA: -- pull up the videos and --
21 THE COURT: Yes. Before you pull it up, I'd like to
22 finish the ruling. Just, you know, if -- I mean if she's
23 cursing, I mean I don't even care about that.
24 MS. CRUZ-GARCIA: And I will proffer for --
25 THE COURT: Now if you're saying bad things about me,

1 you know, that you may have a point.
2 MS. CRUZ-GARCIA: No. There are no videos speaking
3 of Your Honor directly, Your Honor.
4 THE COURT: Actually, you know, I've had plenty of
5 litigants say bad things about me in the papers, and I have not
6 disqualified myself and not found prejudice. People have their
7 emotions, you know, in display from time to time.
8 MS. CRUZ-GARCIA: Sure. The Video number one, which
9 has been pre-marked as Exhibit 1 for identification, is a video
10 of an excerpt of a hearing in state court of -- and the caption
11 relates to the court questioning opposing counsel, i.e., Mr.
12 Solomon. And it's not presented for its content. It's
13 presented to show that on September 30th of 2021 at 3:16, that
14 video was uploaded to the TikTok platform.
15 THE COURT: Okay. So the content is really
16 irrelevant?
18 THE COURT: Okay. There's nothing in that content
19 that would make me -- I mean why would that be prejudicial to
20 you? It's like the things that you've already said about Mr.
21 Solomon, I mean I can't imagine that you said something worse
22 than what you've already put in here.
23 THE WITNESS: No, I understand that. But the whole
24 entire thing is uploading, number one, but that's -- that's
25 their burden to prove, so.

1 THE COURT: Yep.
2 THE WITNESS: I'll just sit back and --
3 THE COURT: Okay. I'm going to overrule that
4 objection to the extent it's an objection. The content is not
5 germane at all to the merits.
6 MS. CRUZ-GARCIA: That's right, Your Honor. And for
7 all of these videos, I am only showing them to Ms. Antonio
8 specifically to -- for two questions only, really: Did she
9 record the video and did she upload it? And that's it.
10 Because as to the date and time and all of that, it's
11 Mr. Kent that would be the person that would be able to
12 testify.
13 THE COURT: Okay. So I'm not going to see it where I
14 am sitting, right?
15 MS. CRUZ-GARCIA: Well --
16 THE COURT: That's okay.
17 MS. CRUZ-GARCIA: I don't know how it's all
18 connected, Your Honor. So --
19 THE COURT: All right. Go ahead. I think I see it
20 to my right.
21 MS. CRUZ-GARCIA: Perhaps the better way, Your Honor,
22 I also took screenshots of the videos because I had to file
23 them with the Court.
24 THE COURT: It's okay. Go ahead. I can stand up.
25 (Pause)

1 (Discussion between counsel and court staff)
3 Q Ms. Antonio, do you see where my cursor is on the screen?
4 MS. CRUZ-GARCIA: Does Ms. Antonio have a screen on
5 her?
6 THE CLERK: She does.
7 THE WITNESS: I do.
8 MS. CRUZ-GARCIA: She does? Okay.
10 Q Do you see where the cursor is pointing at?
11 A I do.
12 Q Okay. And is that what you were referring to as the
13 caption?
14 A That's a caption, yes.
15 Q Okay. And for this particular video, who posted this
16 caption for the video?
17 A That caption was pre-made on the video.
18 Q I'm sorry, I didn't hear that.
19 THE COURT: I think she said it was pre-made. How
20 did it get there?
21 THE WITNESS: It was in the draft so long the caption
22 sticks with the video in the -- in the drafts.
23 THE COURT: Okay. Who came up with the caption to
24 begin with? That's your question.
25 THE WITNESS: Oh, I did.

2 Q Okay. And who attached these hashtags that appear here on
3 the bottom where my cursor is?
4 A I did.
5 Q Okay. And who posted or uploaded this video to the TikTok
6 platform?
7 A Uploaded? Well, I did.
8 Q Okay.
9 MS. CRUZ-GARCIA: That's video number one, Your
10 Honor. And --
11 THE COURT: Will you please publish the caption just
12 so that the appellate court, if one ever needs to look at this,
13 will be able to queue in? You're talking about the field on
14 the far right-hand side.
15 MS. CRUZ-GARCIA: Sure. And for clarification, it is
16 what has been pre-marked as Exhibit 1. And my exhibit list
17 identifies it as "Video 1 Questioning Opposing Counsel" and the
18 caption says, "As requested, audio of testimony judge asking
19 why opposing counsel Y opposing attorney added R*PIST as
20 witness following threat by my ex."
22 Q And when you said "as requested," what were you referring
23 to?
24 A I don't remember at the time.
25 Q I am going to show you what's been pre-marked for

1 identification as Exhibit 2.
2 Do you see where I'm placing my cursor for the caption of
3 this video?
4 A I do.
5 Q Okay. Who posted the caption on this video at Exhibit 2?
6 A Who created the caption or --
7 Q Who created --
8 A Yes.
9 Q -- the caption?
10 A I did.
11 Q Okay. And for the record, it says, "TW:R*PE. Opposing
12 counsel testimony."
13 Who created the hashtags that follow that caption?
14 A I did.
15 Q And who uploaded or posted this video?
16 A Well, should it be refined in scope or day or does it
17 matter?
18 Q The date --
19 THE COURT: She's asking you who did it. I know you
20 want me to say that it was posted on a different date from what
21 they think it was posted on. So we're just trying to get the
22 basics.
23 THE WITNESS: Well, it was uploaded on a different
24 day, but yes.
25 MS. CRUZ-GARCIA: So you uploaded this --

1 THE COURT: Yes, you did it? You uploaded it, but
2 you don't -- you take issue with the timing?
3 THE WITNESS: Yes.
4 THE COURT: Okay.
6 Q All right. I am going to show you what's been pre-marked
7 for identification as Exhibit 3.
8 Do you see where my cursor is hovering over --
9 A I do.
10 Q -- Ms. Antonio?
11 A I do.
12 Q Okay. Who originally created this caption for this video?
13 A I did.
14 Q Okay. And who created the hashtags that follow?
15 A I did. For clarity, you can only do it -- you can't
16 change them once they're created.
17 Q Okay. And the caption in this video says, "Attorney
18 completes extortion by his client." Correct?
19 A Correct.
20 Q Okay. And who uploaded or posted this video to the TikTok
21 platform?
22 A It's a compound question.
23 THE COURT: You said who I think created or uploaded.
24 MS. CRUZ-GARCIA: Oh, sorry, sorry.

1 Q Who created this video?
2 THE COURT: Sustained. And now she's reframed it.
4 Q Who created this video?
5 A A third party.
6 Q Okay. Who created the video? Which third party?
7 A It's a very detailed -- a third party, outside party
8 created the video. It's something that I cannot -- I don't
9 know -- her name's Sierra (phonetic).
10 Q I'm sorry?
11 A Her name is Sierra. It's a complicated video attaching
12 audio to all that. I don't know how to do that.
13 Q Okay. Sierra who?
14 A I don't remember her last name.
15 Q Who -- what is her relationship with the company?
16 A She's -- a relationship with my kids.
17 Q Okay. And who provided the content for the video to
18 Sierra?
19 A I did.
20 Q Who posted that video into the draft folder of TikTok?
21 A I did.
22 Q Did Sierra transmit that video to you via email?
23 A No.
24 Q How did you get it?
25 A Through the Cloud.

1 Q What Cloud, a Dropbox?
2 A I don't remember exactly which one it was, OneDrive or --
3 or Google.
4 Q Okay. So Sierra sent you a link with the completed video?
5 A I don't -- I don't even remember. I guess that's the way
6 it works.
7 Q Did you list a Sierra on your witness list?
8 A No.
9 Q Is there any other way that Sierra would have transmitted
10 the videos to you other than a link through the Cloud?
11 A No.
12 Q I'm sorry?
13 A No.
14 Q Okay. Who uploaded or posted this video?
15 A It's a compound question.
16 THE COURT: Sustained. Define your term. Uploaded
17 means you hit send and you let them public it. That's what I
18 heard her say earlier. Ask her to define what upload or posted
19 means and use her definition from now on.
20 MS. CRUZ-GARCIA: I will, Your Honor.
22 Q What does upload mean to you?
23 A Upload means that you use -- you upload the content from a
24 device.
25 Q From a device to where, to the draft folder of TikTok?

1 A Well, it can either go either way. You can do it directly
2 to TikTok or you can insert it into your drafts.
3 Q Okay. And what does post mean to you?
4 A Posting means it's active. You're posting the content
5 where it's live.
6 Q Okay. Who uploaded this video?
7 A I did.
8 Q Who posted this video?
9 A My sister, Tabitha Ann.
10 Q Okay. I'm going to show you what's been pre-marked for --
11 THE COURT: Time out. She gave two definitions for
12 uploaded. One is to the drafts folder, and one is directly to
13 TikTok. If you upload it directly to TikTok, does that equate
14 to posting? Same thing.
15 THE WITNESS: Well, no, because you have -- you have
16 a couple of steps before you can even get there.
17 THE COURT: Okay.
19 Q What are those steps?
20 A It has to go through the -- it has to go through the -- it
21 still has to go through the TikTok camera, I believe.
22 Q Can you walk the Court through the process of recording a
23 TikTok video all the way through the publishing- posting of the
24 video from start to finish?
25 A No. I can't -- I'm trying -- I'm not really good at

1 describing things. I can -- I can show. You just hit the plus
2 sign and record and then you have an option of it going into
3 your drafts or moving it further.
4 Q Okay. Moving it further where?
5 A To posting it.
6 Q Okay. So is it your testimony that once you record a
7 video, your two options are to place it in a draft folder of
8 the application, correct? That's option number one?
9 A Yes.
10 Q And option number two is post it so it goes live on the
11 TikTok app?
12 A Yes.
13 Q Okay. All right. So for this video, do you know whether
14 this video was uploaded to the draft folder of the TikTok
15 account?
16 A Yes.
17 Q Okay. And it was posted to the drafts so that your sister
18 could then post it?
19 THE COURT: You're not using the correct terminology.
20 MS. CRUZ-GARCIA: I am, Your Honor.
21 THE COURT: You said it was --
22 MS. CRUZ-GARCIA: She said that upload --
23 THE COURT: You just said it was posted to the draft.
24 You don't post to the draft. You upload to the draft.
25 MS. CRUZ-GARCIA: Did you --

1 THE COURT: From the draft you can post it.
2 MS. CRUZ-GARCIA: Right.
4 Q Did you upload it to the draft folder so that your sister
5 could post it on the TikTok?
6 A No.
7 Q Okay. So how did your sister obtain the video to post?
8 A Maybe I'm missing the -- the question. I'm taking it into
9 a different form because I put it for anybody who has access to
10 any time where I previously mentioned.
11 Q Okay. Then how do you know who posted this particular
12 video?
13 A Because my sister was responsible to the time where it was
14 posted where I was not in great mental state.
15 Q And how do you distinguish from looking at these videos
16 the videos that were posted by your sister or that you posted
17 yourself?
19 Q How do we know?
20 A How do I --
21 Q How do we know from all of these -- how do you know that
22 from these videos which ones are the ones that you posted as
23 opposed to your sister posting them?
24 A Sorry. Because there's -- there's -- they have different
25 wording to them.

1 Q Okay. But --
2 A They're two completely different videos.
3 Q Okay. But your prior testimony was that the caption to
4 the video was created by, for this video, we're on Exhibit
5 Number 3, was Sierra?
6 A I did not testify to that.
7 MS. CRUZ-GARCIA: I'm going to have to backtrack,
8 Your Honor. My apologies.
9 THE COURT: That's okay. You said that you did.
10 THE WITNESS: I said that --
11 THE COURT: You said that you created the caption.
12 THE WITNESS: I created the caption but not the --
13 not the video.
14 THE COURT: And the hashtags?
15 THE WITNESS: But I didn't create the video itself.
16 THE COURT: I understand. You didn't -- well, okay,
17 you sent it to her to add some things, right?
18 THE WITNESS: So, it's hard to explain. So an
19 outside source made the video, connected the audio to the
20 video, transferred it to me to upload, and I left it in my
21 drafts. So when you upload it, then the captions can be added.
22 MS. CRUZ-GARCIA: Great.
24 Q So when you -- who uploaded the video once it was received
25 by -- from Sierra?

1 A I did.
2 Q Okay. Who created the caption for this video?
3 A I did.
4 Q Okay. And who posted the video?
5 A My sister, Tabitha Ann.
6 Q And did she request your permission prior to posting that
7 video?
8 A It was an understanding between us.
9 Q Okay. And when you say there's an understanding, is the
10 understanding that every video that's posted on this account is
11 posted with your permission and consent?
12 A Of course. She's my sister.
13 Q Okay. And, likewise, Sierra compiled this video at your
14 direction, correct?
15 A Correct.
16 Q I'm going to show you what I have pre-marked as Exhibit 4
17 for identification.
18 Are you familiar with this video, Ms. Antonio?
19 A Yes, I am.
20 Q Okay. And do you see where my cursor is hovering?
21 A I do.
22 Q Okay. And who created the caption for this video?
23 A I did.
24 Q Okay. And for clarification in the record, "continue
25 audio in case to extend restraining order." And who created

1 the hashtags that follow the caption?
2 A I did.
3 Q Okay. Who uploaded the video?
4 A I did.
5 Q Who posted the video?
6 A My sister.
7 Q And how do we know that this video was posted by your
8 sister?
9 A Because I didn't do it.
10 Q I'm sorry?
11 A Because it's a different video from the other videos.
12 Q It's different how?
13 A It's a completely different video from every single video
14 that's posted that's on -- that you're referring to from
15 previous.
16 Q But what does it matter if it's different if you are the
17 person recording the videos?
18 A I didn't record the video.
19 Q Okay. So who recorded the video that's been pre-marked as
20 Exhibit 4?
21 A Sierra.
22 Q Okay. And, again, this video was created at your
23 direction?
24 A Correct.
25 Q And she transmitted the video to you?

1 A Correct.
2 Q Did she transmit it through email?
3 A Through a Drive link.
4 Q And that Drive link is sent to you via email?
5 A I don't remember.
6 Q But what other way would you get a Drive link from Sierra?
7 A I don't remember. I could have logged in directly. I do
8 not remember from six months ago.
9 Q Okay. Who provided Sierra with the audios of the court
10 hearings?
11 A I did.
12 Q Did you provide Sierra any documents, as well?
13 A No.
14 Q Okay. Did you review all of the videos created by Sierra
15 --
16 A Yes.
17 Q -- prior to uploading to TikTok?
18 A Yes.
19 Q Okay. And how do we distinguish the videos that were
20 posted by your -- allegedly posted by your sister as opposed to
21 you?
22 A Because they're different content.
23 Q And different content only as to videos that were created
24 by Sierra?

1 Q Sure. And you distinguish the content is different
2 content because these videos were the videos that were created
3 by Sierra?
4 A Correct.
5 Q So can we assume that every video that was created by
6 Sierra was uploaded by you to the TikTok platform?
7 A Every video that was created by Sierra was uploaded by me.
8 That's correct
9 Q And every video that was uploaded by you, created by
10 Sierra was posted by a third party?
11 A Sierra is the third party.
12 Q Another third party, Ms. Antonio. Can we assume that
13 those videos that were created by Sierra that you uploaded were
14 posted by someone else other than you?
15 A Yes. I did not post them.
16 Q Okay. But, again, they were posted at your direction.
17 Correct?
18 A Uploaded or posted?
19 Q Posted.
20 A It's posted? From past -- as I previously said that if I
21 was in a mental state where it was thought that it was arranged
22 this way.
23 Q Were all the videos posted at your direction, Ms. Antonio?
24 A They are sitting in my -- I don't know how to answer that.
25 Q I'm just looking for a yes or no answer.

1 A At the time when they're posted, I was not in a mental
2 state where I directed anybody, so no.
3 Q Is it your testimony that videos were posted on this
4 TikTok account against your will?
5 A No.
6 Q Did you authorize these videos to be posted on the TikTok
7 account?
8 A That's why they're there, yes.
9 (Pause)
10 Q I'm going to show you what I have pre-marked for
11 identification as Composite Exhibit 16.
12 Do you recognize this video?
13 A I do.
14 Q And do you see where I'm hovering on the video?
15 A Yes.
16 Q Who created that caption?
17 A I did.
18 Q Okay. Who recorded this video?
19 A I did.
20 Q Who uploaded the video to the TikTok platform?
21 A It was not uploaded.
22 Q Okay. Was this video directly posted?
23 A It was directly created.
24 Q Directly what? I'm sorry.
25 A Directly created in app.

1 Q Okay. And who directly created this video?
2 A Me.
3 Q Okay. And did you also post this video?
4 A Yes, I did.
5 Q Okay. And the second part to that exhibit.
6 THE COURT: What's the caption for the --
7 MS. CRUZ-GARCIA: Oh, sorry.
8 THE COURT: -- appellate record?
10 Q The caption is "I'm not safe." Correct?
11 A That's correct.
12 Q I'm going to show you the other video that's included in
13 Composite Exhibit 16. What is the date on this video?
14 A October 1st.
15 Q As to Exhibit 1, I'll go back, do you know when that video
16 was created -- recorded, sorry?
17 A About a month prior, sometime in August of 2021.
18 Q And how do we know based on looking at your TikTok
19 platform or what evidence do you have to show that that was
20 recorded a month prior?
21 A I don't have evidence.
22 Q Okay. As to video number two, do you know the date that
23 that video was recorded?
24 A Around the same -- created? It was probably around the
25 same time.

1 THE COURT: Meaning around August?
2 THE WITNESS: August or -- I guess, August or
3 beginning of September.
4 By MS. CRUZ-GARCIA:
5 Q Do you know when it was uploaded to the draft?
6 A I don't remember.
7 Q Okay. How long do the videos stay in draft before they
8 are posted?
9 A They can stay in there forever.
10 Q Okay. Do any third parties have instructions to review
11 the drafts on a daily basis to post whatever drafts are in
12 there?
13 A No.
14 Q And what evidence do you have to show that this was
15 recorded before the date that it was actually -- far in advance
16 before the date it was posted?
17 A These weren't recorded.
18 Q Okay. When we reviewed this video, you said you uploaded
19 the video. Correct?
20 A Correct.
21 Q What evidence do you have to show that substantial time
22 passed between the date of -- that the video was uploaded to
23 the date that the video was posted?
24 A There is no evidence. There is no litigation hold for me
25 to have to.

64
1 THE COURT: Would the native format show that?
2 THE WITNESS: The native format? When it was
3 created?
4 THE COURT: Yes.
5 THE WITNESS: Yes.
6 THE COURT: Okay. You've used recorded and created;
7 we all have. Do you distinguish between the terminology
8 "recorded" and "created?"
9 THE WITNESS: Well, the -- in this context with
10 TikTok, it's recorded when you're recording it and then
11 creating on however -- because it's combining an audio into a
12 video. It's -- I would think it would be different.
13 THE COURT: So recording to you means the recording
14 of the actual video without any embellishments.
15 THE WITNESS: Yes, Your Honor.
16 THE COURT: Okay.
18 Q What is your understanding of Snagit?
19 Q What is your understanding of Snagit?
20 (04:00:04)
21 A It is a screen-capturing software program.
22 Q Okay. And how do you know that DGP's counsel used Snagit
23 to capture the videos?
24 A Because the videos that you provided, you can go into the
25 property section and it says Snagit on it.
WWW.LIBERTYTRANSCRIPTS.COM

65
1 Q Okay. And you're very familiar with accessing the
2 properties, meaning the metadata for videos, correct?
3 A Correct.
4 Q And that's how you know how to navigate and figure out how
5 exactly this video was captured, correct?
6 A Yeah.
7 Q Okay.
8 MS. CRUZ-GARCIA: Nothing further from this witness,
9 Your Honor.
10 THE COURT: All right. Now, this is unusual because
11 you're kind of on cross for yourself, but because you're the
12 party, you can't lead yourself. If you would like to respond
13 to any of her questions, I'm not going to ask you to ask
14 yourself a question and then answer it. But with regard to any
15 questions, if you were standing over here and asking you
16 something, what information would you elicit?
17 You don't have to do this, now. You can do it during
18 your case. But you have the opportunity to, in effect, go
19 through your cross-examination.
20 MS. ANTONIO: I was not prepared for that.
21 THE COURT: I mean, you can't lead yourself because
22 that -- it would just be awkward, so.
23 MS. ANTONIO: Yes. And then I have to remember the
24 questions because my --
25 THE COURT: And you are the party, too, so.

66
1 MS. ANTONIO: Excuse me.
2 THE COURT: And you are the party, too, so even on
3 cross, if you have a lawyer, he couldn't lead you.
4 MS. ANTONIO: Correct.
5 Am I permitted to take a quick recess to use the
6 restroom beforehand?
7 THE COURT: Sure.
8 MS. ANTONIO: Okay.
9 THE COURT: Absolutely. You've heard that speech
10 before. We'll recess until, let's say ten after.
12 MS. CRUZ-GARCIA: Your Honor, just so there are no
13 issues because Mr. Geberth is in one of the conference rooms.
14 Can one of the bailiffs just stand by the door so there's no --
15 THE COURT: Yes.
16 Would one of you please stand by the conference room
17 door that Mr. Geberth is in and you can close the door while
18 she passes to go over to the restroom?
19 THE BAILIFF: All rise.
20 THE COURT: Thank you.
21 We're taking a break until ten after.
22 All right. Thank you.
23 (Recess at 4:02 p.m./Reconvened at 4:06 p.m.)
24 MS. CRUZ-GARCIA: Ready?
25 THE COURT: I think we're still on recording, but

67
1 Ms. Arciola is down the hall.
2 MS. CRUZ-GARCIA: Oh, I couldn't -- there's so many
3 monitors.
4 THE COURT: I think we're still recording, aren't we?
5 THE CLERK: (No audible response)
6 THE COURT: Okay. Thank you. They're ready to go.
7 Thank you.
8 MS. CRUZ-GARCIA: Your Honor, if there is no cross at
9 this time and she's reserving for her portion of the case,
10 before I call my next witness, may we please dispose as to the
11 relevancy of Mr. Geberth's testimony?
12 THE COURT: Okay. Ms. Antonio -- and by the way,
13 we're back on the record here, formally.
14 Ms. Antonio, you've chosen not to respond to any of
15 the -- or expand upon any of the answers that you gave --
16 strike that -- respond further to any of the questions that
17 Ms. Cruz-Garcia asked you or expand on any of the answers that
18 would normally occur during your cross. Recognizing that you
19 don't have a lawyer, that would be your burden to bring that
20 information up now. However, you still have your own
21 case-in-chief in which you can testify on direct. And so are
22 you deciding to save your testimony until you testify in direct
23 on your own case?
24 MS. ANTONIO: I don't know what that means.
25 THE COURT: Well, there's two parts to a trial. They

68
1 ask all of their witnesses questions and then the other side
2 gets to cross-examine those witnesses. They've only called one
3 witness so far. That's you. You are representing yourself, so
4 you have the opportunity to respond as if you had a lawyer who
5 was asking you the questions on cross. And when they get
6 through with all of their witnesses, then we shift to the other
7 party. That would be you and then you put on your case-in-
8 chief and you might call yourself on direct. You might not.
10 THE COURT: So are you choosing not to respond at
11 this point to anything that Ms. Cruz-Garcia elicited from you?
12 In other words, expand on it further.
13 MS. ANTONIO: Can I have two more minutes to just
14 gather myself with the questions and then, since we have -- and
15 then --
16 THE COURT: Sure. Are you getting help from family
17 members? Or is there a lawyer back there?
18 MS. ANTONIO: Yes. My domestic violence attorney is
19 present. Can I --
20 THE COURT: And who is that person?
21 MS. ANTONIO: Karen McHugh.
22 MS. McHUGH: It's me, Your Honor.
23 THE COURT: Karen McHugh? Oh, okay. All right.
24 Thank you.
25 Yes, you may. And then I'll get what you asked.

69
2 (Recess at 4:09 p.m./Reconvened at 4:14 p.m.)
3 THE COURT: All right. We're back on the record.
4 Ms. Antonio.
5 MS. ANTONIO: I'm going to defer to when it's my --
6 THE COURT: You're going to defer. Okay.
7 We literally, in this courthouse, did have one where
8 he was actually the plaintiff. It was a student loan discharge
9 case and he actually asked himself questions in a different
10 voice and then answered them in his own voice. I was not the
11 judge, but I heard it was amusing.
12 MS. CRUZ-GARCIA: Entertaining.
13 THE COURT: Okay. All right. So now we have to
14 know, are you intending to call Mr. Geberth concerning the
15 issues in this trial, which has to do with the identity of who
16 recorded, created, uploaded, and posted videos showing your
17 image or audio involving your cases to TikTok?
18 MS. ANTONIO: No, not at this time, Your Honor.
19 THE COURT: Can he be excused?
20 MS. ANTONIO: He can be excused.
21 THE COURT: All right. He may be excused. Thank
22 you.
23 UNIDENTIFIED SPEAKER: May I be excused?
24 THE COURT: You may be excused as well.
25 MS. CRUZ-GARCIA: And I call Mr. Kent, our next

70
1 witness.
2 THE COURT: Okay. Thank you.
3 I think her decision was facilitated by some of the
4 opening remarks that I made (audio interference) is not about
5 (audio interference). As is evidenced in some of her papers,
6 I think she thought that the scope was a little broader, so.
7 MS. CRUZ-GARCIA: We did receive the orders clearly
8 enunciating the scope --
9 THE COURT: Yes.
10 MS. CRUZ-GARCIA: -- at a minimum. Upon receipt of
11 those orders, and when we discussed Mr. Geberth and our motion
12 to quash, she should have told the Court that she was no longer
13 going to need his testimony.
14 THE COURT: Well, we've been trying to deal with
15 these in real time. And as you saw, I fumbled a couple. I put
16 the wrong time in. I failed to note that the trial order
17 specifically talked about 26 and the expert requirements. So
18 we're going as fast as we can. And, indeed, I think some of
19 the orders were maybe entered even today. So we're doing the
20 best we all can.
21 All right. Go ahead.
23 THE COURT: Mr. Kent, would you rise, please, so that
24 they can -- somebody can swear you in?
25 THE CLERK: Raise your right hand.

Kent - Direct/Cruz-Garcia 71
1 WILLIAM FREDERICK KENT, PLAINTIFF'S WITNESS, SWORN
2 DIRECT EXAMINATION
4 Q Please state your full name for the record.
5 A William Frederick Kent.
6 Q Mr. Kent, what do you do for a living?
7 A I am the information technologies manager at Solomon Law
8 Group.
9 Q Okay. And what is your educational background?
10 A I have a Bachelor's of Science in business management and
11 I also have a, what they call a CNE. It's a Certified Network
12 Engineer.
13 Q Okay. How long have you been employed at the Solomon Law
14 Group?
15 A Twenty years, July of this year.
16 Q Okay. And, generally, what are your duties, just general?
17 A I basically administer the network. I do all of the
18 network security, including the servers and the firewall. I
19 handle all of the day-to-day workstation issues.
20 Q And you are not an expert on TikTok?
21 A No. I'm a user.
22 Q Okay. And you are not an expert on social media?
23 A No.
24 Q Okay. All right.
25 Did there come a time on September 30th that you were

1 instructed to capture videos that were posted on TikTok?
2 A Yes.
3 Q Okay. And who instructed you to do that?
4 A Mr. Solomon.
5 Q All right. And please tell the court, what did you do in
6 order to capture the TikTok videos?
7 A So the first thing I did is I went to TikTok and I found
8 the account of Faith Antonio. And at that point, I used a
9 piece of software called Snagit, and its purpose is to snag
10 whatever's happening on the computer screen, both visually and
11 the audio together, and then capture it into a file.
12 Q Okay. And once you captured it on a file, what did you do
13 with it?
14 A I put it on our network and I emailed the attorneys on the
15 case of the location of the data.
16 Q Okay. Were the videos done with the Snagit software live?
17 A Yes. What I was seeing on the screen as I was in the
18 TikTok platform on the account and I would play the video.
19 Q Okay. And --
20 THE COURT: Wait. As opposed to live stream, they
21 were occurring in real time.
22 MS. CRUZ-GARCIA: That's correct, Your Honor.
23 THE COURT: Okay.
24 THE WITNESS: That's correct.

1 Q And how did you identify that --
2 THE COURT: Time out. I don't want any confusion.
3 MS. CRUZ-GARCIA: Live stream means occurring in real
4 time. These were live in the sense of, they were able to be
5 accessed by the public.
6 THE WITNESS: Correct. I hit the play button and the
7 videos would play.
9 Q Okay. And these videos were also recorded in real time?
10 A Yes.
11 Q Okay. And how did you reflect in those videos the date
12 and time that the video was posted on the TikTok platform?
13 A Well, I was bringing up my computer clock to show the
14 current date and time of the recording.
15 THE COURT: Meaning your recording?
16 THE WITNESS: Yes, that is correct.
17 And what would happen is, is in the video, you were
18 able to see either the date stamp or the hours that had passed
19 since the actual real time that I was actually doing the
20 capture itself.
22 Q Okay. And just to clarify, so that if your calendar said
23 January 28, 2022, at 4:00 p.m., then we would look at the
24 caption in the video to see if it had been posted or been
25 upload -- posted. I'm going to use the terms. Posted to the

1 TikTok platform 17 hours ago, we would just deduct 17 hours
2 from January 28, '22, 4:00.
3 A That is correct.
4 Q Okay. And the date and time on the computers at the
5 Solomon Law Group, did they set automatically?
6 A Yes, we have a network environment and the date and time
7 is established by the servers. The users, including myself,
8 cannot manipulate the date and time on the computers.
9 Q Okay. And why is it that no one at the firm can
10 manipulate the date and time on the computers?
11 A Primarily, because date and time is critical when you're
12 creating documents and doing things on the computer. In order
13 to have an accurate assessment or an audit of what occurred
14 when, the date and time is the critical component of that.
15 Q Okay. Were any of the videos that you captured sent to
16 you by someone else?
17 A No.
18 Q Okay. Were any of the videos sent to you by Mr. Geberth?
19 A No.
20 Q Were any of the videos sent to you by anyone from DGP?
21 A No.
22 Q Okay.
23 Would downloading the videos to the Solomon Law Group
24 share file, give you a date and timestamp.
25 A Yes.

1 Q How so?
2 A Basically, every file that's created on a computer gets a
3 date stamp. It gets a create date and it gets a modify date.
4 Q And that date is only as to when you access the video from
5 the platform, correct?
6 A Yes. The official stamp occurs once the file is
7 officially created.
8 Q Okay. Does downloading the video provide you the date of
9 when the video was created?
10 THE COURT: Which video? Let's be --
12 Q The TikTok video was created?
13 A Yes. You can establish that.
14 Q Okay. And when I mean TikTok video, I mean the TikTok
15 video made on the platform.
16 A Correct.
17 Q When you download that video, does it give you a date and
18 time that that video was uploaded to the TikTok platform?
19 A You could establish that because when you're viewing the
20 video, you'll see in the upper right hand corner near the
21 user's name, it'll either have a date stamp or it'll have it
22 was made three hours ago.
23 Q Right. And we've established that. But what I'm trying
24 to ask you is, is downloading the video give you anything more
25 than what your real time video would have provided?

1 A No.
2 Q Okay.
3 THE COURT: Let's call them the Snagit videos and the
4 TikTok videos to be clear.
5 MS. CRUZ-GARCIA: Okay. Fair enough, Your Honor.
6 THE COURT: I'm tracking and I'm trying to make the
7 record clear, but I'm --
9 THE COURT: I'm understanding.
11 Q Is there another mechanism on the computer that can verify
12 or corroborate the Snagit video you recorded?
13 A The -- each --
14 Q The date and time of this Snagit video you recorded?
15 A Yeah. When the -- the way the Snagit software works is
16 when it creates a file, it puts the date stamp in the file
17 name. And I kept that intact when I created the files.
18 In addition to that, every file that's ever been created,
19 whether it's a video, a picture, has metadata. And in that
20 metadata will also contain the create date of the file. And
21 they are in sequence.
22 Q Okay.
23 A They match each other.
24 Q Since the time that you captured the Snagit videos, have
25 you accessed the TikTok video -- the videos, the Snagit videos

1 at any time?
2 A The ones on the network?
3 Q Yes.
4 A Only to copy them for the Court and --
5 Q Okay. All right.
6 MS. CRUZ-GARCIA: May I continue my questioning from
7 this seat because I need to put it on Zoom?
8 THE COURT: Yes.
11 Q Okay. Mr. Kent, I am going to show you what's been
12 pre-marked as Exhibit 1 for identification.
13 Do you recognize the screenshot of this video?
14 A Yes.
15 Q How do you recognize it?
16 A Well, this is the -- a -- it's either the video or the
17 screenshot. This is actually the video itself of the TikTok
18 video from Poetic Thought Injustice that I captured.
19 Q Okay. And this is the video that would contain your
20 Snagit video?
21 A Yes, this is the Snagit video.
22 Q Okay.
23 MS. CRUZ-GARCIA: Your Honor, may I publish the
24 entire video?
25 THE COURT: Sure. Any objection?

1 How long is it?
2 MS. CRUZ-GARCIA: It's a few seconds because I stop
3 it when the calendar, because the content is not relevant.
4 THE COURT: So it's not unduly long. Okay.
6 MS. ANTONIO: Oh, if we're going to listen to it.
7 Sure.
8 THE COURT: No objection? Is that what you just
9 said?
10 MS. ANTONIO: Well, I object to what the relevancy of
11 the content is.
12 THE COURT: I'm not taking into account the content.
13 Unless it's your discussion about what's going on in this case.
14 MS. ANTONIO: Or authentication.
15 THE COURT: He's just authenticated it.
17 THE COURT: So overruled.
18 It's his --
19 (Video played from 04:26:07 p.m. until 04:26:14 p.m. - not
20 transcribed)
22 Q Mr. Kent --
23 A Huh-uh.
24 Q Who recorded this video?
25 A I did.

1 THE COURT: Wait, we're getting --
3 transcribed)
4 MS. CRUZ-GARCIA: I'm pausing it. Sorry.
5 THE COURT: Okay.
7 Q Who recorded this Snagit video?
8 A I did.
9 Q Okay. And can you tell the Court where the date and time
10 appear on this video?
11 A The computer time or the video time itself?
12 Q The --
13 A The posting time?
14 Q -- computer time.
15 A The computer time is in the -- towards the upper right
16 hand corner. It's 5:00 p.m., 5:16 p.m.
17 Q Okay. On what date?
18 A September 30, 2021.
19 Q Okay. And why is it that there's a Clock 1 and a Clock 2?
20 A Because I was actually doing business with a company in
21 Ireland, so the Clock 2 is actually related to that
22 particular -- because I was having to call Ireland --
23 THE COURT: Where do you see Clock 2? I 5:16:31.
24 MS. CRUZ-GARCIA: Underneath the date.
25 THE WITNESS: Yeah, underneath the main time where it

1 says 5:16, you'll see a Clock 1 and a Clock 2.
2 THE COURT: I see.
3 THE WITNESS: Yeah. And the only reason I had that
4 turned on is because of the phone calls I was making overseas.
5 THE COURT: Okay.
7 Q But it's clear that the time of this recording was at
8 5:16 p.m. Eastern Standard Time on September 30, 2021, correct?
9 A Correct.
10 Q Okay. And when does this video say that it was posted?
11 THE COURT: Which video? The Snagit video?
12 MS. CRUZ-GARCIA: My apologies.
14 Q The TikTok video.
15 A The TikTok video says it was posted two hours ago.
16 Q So in order for us to determine the date and time of when
17 this video was posted to the TikTok platform, what do we have
18 to do?
19 A Subtract that from the actual time.
20 Q Okay.
21 A It would make it 3:16 p.m.
22 Q Okay. So based on your recording of this Snagit video,
23 when do you believe that this video was posted on the TikTok
24 platform?
25 A 3:16 p.m.

1 Q On what date?
2 A September 30, 2021.
3 MS. ANTONIO: And for the record, what Exhibit number
4 was that?
5 MS. CRUZ-GARCIA: 1.
6 THE COURT: And you're good at tracking because I
7 inferred that. You did not announce it. So yes.
8 MS. CRUZ-GARCIA: And Your Honor, I would like to
9 move Exhibit 1 into evidence.
10 THE COURT: Any objection?
11 MS. ANTONIO: No objection.
12 THE COURT: All right. What's been marked as
13 Exhibit 1 for identification is in evidence, Ms. Arciola.
14 (Plaintiff's Exhibit 1 admitted into evidence)
16 Q Mr. Kent, I would like to show you what's been pre-marked
17 as Exhibit 2 for identification.
18 Do you recognize this Exhibit?
19 A Yes. It's another screen capture or video capture that I
20 did on her TikTok account.
21 Q Okay. And it's the Snagit video that you recorded,
22 correct?
23 A Correct.
24 Q Okay.
25 MS. CRUZ-GARCIA: Your Honor, may I publish?

1 THE COURT: Yes.
3 transcribed)
4 MS. CRUZ-GARCIA: Yeah, pause there.
6 Q And again, Mr. Kent, can you tell the Court when you
7 recorded this Snagit video?
8 A This one is at 5:19 p.m. on September 30, 2021.
9 Q Okay. And what is the time of the Tiktok video?
10 A The posting occurred at 3:19 p.m. on September 30, 2021.
11 Q And how do you know that?
12 A Because of right below her name, it says "two H ago,"
13 which is two hours ago, and you would just do the math on that,
14 which would make it 3:19 p.m.
15 MS. CRUZ-GARCIA: Your Honor, I would like to move
16 Exhibit Number 2 into evidence.
17 THE COURT: Any objection, Ms. Antonio?
18 MS. ANTONIO: No objection.
19 THE COURT: All right. Without objection, then
20 what's been marked as Exhibit 2 for identification is accepted
21 into evidence, Ms. Arciola.
22 (Plaintiff's Exhibit 2 admitted into evidence)
24 Q Okay. Mr. Kent, I am going to show you what's been
25 pre-marked for identification as Exhibit 3.

2022.01.28 Tik Tok Trial Transcript - DGP Products, Inc v Faith Antonio

2022.01.28 Tik Tok Trial Transcript - DGP Products, Inc v Faith Antonio

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