Exhibit,Appendix: JOHN DOE VS. KINK.COM ET AL

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2

Sandra Ribera Speed (SBN 236769)

RIBERA LAW FIRM APC ELECTRONICALLY

157 West Portal Avenue, Suite 2 FILED

San Francisco, CA 94127 : a

Telephone (415) 576-1600 tier cran Pravcice

acsimile: |

sribera@riberalaw.com 10/09/2018
BY:ERNALYN BURA

Attorney for Plaintiff, JOHN DOE Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Case No. CGC-15-545540

NOTICE OF AND LODGMENT OF
DOCUMENTS IN SUPPORT OF
PLAINTIFF JOHN DOE’S
OPPOSITION TO DEFENDANT
CYBERNET ENTERTAINMENT,
LLC’S MOTION FOR SUMMARY
JUDGMENT OR, IN THE
ALTERNATIVE, SUMMARY
ADJUDICATION OF ISSUES

JOHN DOE,
Plaintiff,

vs.

KINK.COM; KINK STUDIOS, LLC;
KINKMEN.COM; CYBERNET
ENTERTAINMENT, LLC; PETER
ACWORTH; HOGAN KARL aka VAN
DARKHOLME; and DOES | through 50,

inclusive, Date: October 23, 2018

Time: 9:30 a.m.
Dept: 302
Reservation No.: 6010920-03

Defendants.

Trial Date: November 26, 2018

Ne Ne NN ee te el ee ee

Plaintiff JOHN DOE (hereinafter, “Plaintiff’) respectfully lodges the following exhibits in
support of Plaintiffs Opposition to Defendant Cybernet Entertainment, LLC’s (“Cybernet”)
Motion for Summary Judgment or, in the alternative, Summary Adjudication of Issues.

EXHIBIT A: A true and correct copy of relevant excerpts from the Deposition Transcript
of Plaintiff John Doe, Volume I, taken December 8, 2017.

EXHIBIT B: A true and correct copy of relevant excerpts from the Deposition Transcript

of Plaintiff John Doe, Volume H, taken February 26, 2018.
1

NOTICE OF AND LODGMENT OF DOCUMENTS IN SUPPORT OF PLAINTIFF JOHN DOE’S
OPPOSITION TO DEFENDANT CYBERNET ENTERTAINMENT, LLC’S MOTION FOR SUMMARY
JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUESoO YW DW RF BW NY

Qa a Bas FS

17

EXHIBIT C: A true and correct copy of relevant excerpts from the Deposition Transcript

of Plaintiff John Doe, Volume II, taken June 11, 2018.

EXHIBIT D: A true and correct copy of relevant excerpts from the Deposition Transcript
of Peter Acworth in this matter, taken June 7, 2018.

EXHIBIT E: A true and correct copy of Defendant Cybernet’s Responses to Plaintiff's
Request for Admissions, Set Three.

EXHIBIT F: A true and correct copy of relevant excerpts from the Deposition Transcript

of Mark Meagher, as Person Most Qualified (“PMQ”) of Cybernet Entertainment, LLC, Volume I,
taken July 3, 2018.

EXHIBIT _G: A true and correct copy of the Model Release, Consent and Waiver
Agreement and Acknowledgement of No Test Results for the November 7, 2011 “Bound Gods”
shoot.

EXHIBIT H: A true and correct copy of the Model Release, Consent and Waiver

Agreement and Acknowledgement of No Test Results for the November 8, 2011 “Divine Bitches”
shoot.

EXHIBIT I: A true and correct copy of the Model Release, Consent and Waiver
Agreement and Acknowledgement of No Test Results for the May 3, 2013 “Bound in Public”
shoot.

EXHIBIT J: A true and correct copy of the “Whois” Record for the website kink.com.

EXHIBIT K: A true and correct copy of relevant excerpts from the Deposition Transcript
of Mark Meagher, as Person Most Qualified (“PMQ”) of Cybernet Entertainment, LLC, Volume
Il, taken September 11, 2018.

EXHIBIT _L: A true and correct copy of emails exchanged between plaintiff and
defendants with the subject line “Fwd: Cody Allen - Bound in Public 5/3/13 Booking Request.”

EXHIBIT M: A true and correct copy of relevant excerpts from the Deposition Transcript
of Bobbie Sanchez, taken June 19, 2018.

EXHIBIT N: A true and correct copy of relevant excerpts from the Deposition Transcript

of BAGG QF AND NQRGMEDG QF DOCUMENTS IN SUPPORT OF PLAINTIFF JOHN DOE’S
OPPOSITION TO DEFENDANT CYBERNET ENTERTAINMENT, LLC’S MOTION FOR SUMMARY
JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUESnun

EXHIBIT O: A true and correct copy of relevant excerpts from the Deposition Transcript
of Jessie Lee, taken July 1, 2018.

EXHIBIT P: A true and correct copy of relevant excerpts from the Deposition Transcript
of Freddie Fritz, taken August 30, 2018.

EXHIBIT Q: A true and correct copy of relevant excerpts from the Deposition Transcript
of Angel Anders, taken June 13, 2018.

EXHIBIT R: A true and correct copy of relevant excerpts from the Deposition Transcript
of Charles Charles, taken June 25, 2018.

EXHIBIT S: A true and correct copy of relevant excerpts from the Deposition Transcript
of Eric Everly, taken June 19, 2018.

EXHIBIT T: A true and correct copy of relevant excerpts from the Deposition Transcript
of Hogan Karl (aka Van Darkholme), taken August 15, 2018.

EXHIBIT U: A true and correct copy of posts on Peter Acworth’s blog (Exhibits 16 and
17 to Acworth’s deposition, taken on June 7, 2018).

EXHIBIT V: A true and correct copy of relevant excerpts from the Deposition Transcript
of Steven Palmer, taken September 20, 2018.

EXHIBIT W: A true and correct copy of relevant excerpts of subpoenaed records from
Columbia University Medical Center (Exhibit 3 to Steven Palmer’s deposition).

EXHIBIT X: A true and correct copy of Plaintiff's Third Amended Complaint, filed on
June 8, 2018.

EXHIBIT. Y: A true and correct copy of relevant excerpts from the Deposition Transcript
of Mark Meagher, as Person Most Qualified (“PMQ”) of Armory Studios, LLC, taken on August
23, 2018.

EXHIBIT Z: A true and correct copy of the Declaration of Mark Meagher.

EXHIBIT AA: True and correct copies of the Court’s Order Denying Cybernet
Entertainment, LLC’s Motion for Judgment on the Pleadings, entered April 4, 2018, and

Cybernet’s Memorandum of Points and Authorjties in support of Motion for Judgment on the

PleadN{QZiCE OF AND LODGMENT OF DOCUMENTS IN SUPPORT OF PLAINTIFF JOHN DOE’S
OPPOSITION TO DEFENDANT CYBERNET ENTERTAINMENT, LLC’S MOTION FOR SUMMARY
JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUESwow

w

EXHIBIT BB: A true and correct copy of Cybernet’s Memorandum of Points and
Authorities in support of Motion for Summary Judgment.

EXHIBIT CC: A true and correct copy of relevant excerpts from the Deposition
Transcript of Dr. Peter Miao, taken September 19, 2018.

EXHIBIT DD: A true and correct copy of the letter written on behalf of Plaintiff by Dr.
Ladan Ahmadi of Lenox Hill, dated March 27, 2014.

EXHIBIT EE: A true and correct copy of relevant excerpts ftom the Deposition
Transcript of Peter Acworth (Adams), taken July 13, 2017.

EXHIBIT FF: A true and correct copy of Defendant Cybernet’s Injury and Iilness
Prevention Plan (“IIPP”).

EXHIBIT GG: A true and correct copy of relevant excerpts of the Deposition Transcript
of Dr. Ladan Ahmadi, taken on September 28, 2018.

EXHIBIT HH: A true and correct copy of relevant excerpts of the Deposition Transcript
of Erik Mortensen, N.P., taken on September 21, 2018.

EXHIBIT H: A true and correct copy of Defendant Cybernet Entertainment, LLC’s
Responses to Plaintiff's Request for Admissions, Set Two.

EXHIBIT JJ: A true and correct copy of the letter written by Dr. Hsu and Erik
Mortensen, N.P., dated March 27, 2014.

EXHIBIT KK: A true and correct copy of the Court’s Order denying Cybemet’s Motion
for Summary Adjudication, entered October 5, 2018.

EXHIBIT LL: A true and correct copy of relevant excerpts from the transcript of Brian
Kennard’s Deposition, taken August 22, 2018.
Dated: October 9, 2018 jW FIRM, APC

SANDRA RIBERA SPEED T
Attorney for Plaintiff
JOHN DOE

4
NOTICE OF AND LODGMENT OF DOCUMENTS IN SUPPORT OF PLAINTIFF JOBN DOE’S
OPPOSITION TO DEFENDANT CYBERNET ENTERTAINMENT, LLC’S MOTION FOR SUMMARY
JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUESEXHIBIT ACERTIFIED COPY

|

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE CITY AND COUNTY OF SAN FRANCISCO

---000---
JOHN DOE,
Plaintiff,
vs.
Case No.
KINK.COM; KINK STUDIOS, LLC; CGC-15-545540
KINKMEN.COM; CYBERNET VOLUME I

ENTERTAINMENT, LLC; ARMORY
STUDIOS, LLC; PETER ACWORTH;
HOGAN KARL aka VAN DARKHOLME
and DOES 1 through 50,
inclusive,

Defendants.

***CONFIDENTIAL - ATTORNEYS'
VIDEOTAPED DEPOSITION OF JOHN DOE,

December 8,

JUVILYNN T. ARBUTHNOT,
432379

|®

1972
(310) 207-8000 Los Angeles
(G10) 207-2000 Contury City
(916) 922-5777 Sacramento
(951) 686-0606 Riverside
(212) 808-8500 New York city
{312} 379-5566 Chicago

CSR No.

(415) 433-5777 San Francisco
(408) 885-0550 San Jose

(800) 222-1281 Martinez

(818) 702-0202 Woodland Hills
(347) 821-4611 Brooklyn
00414800 222 1231 Paris

EYES ONLY***

2017
13817
BARKLEY
Court Reporters
barkley.com
(949) 955-0400 Irvine (858) 455-5444 San Diego

(760) 322-2240 Palm Springs
(702) 260-0500 Las Vegas
(702) 368-0500 Henderson
(518) 490-1910 Albany
00+1+800 222 1231 Dubai

(800) 222-4231 Carlsbad
(800) 222-1231 Monterey

(516) 277-9494 Garden City
(014) 510-9110 White Plains
001+1+800 222 1231 Hong KongSUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE CITY AND COUNTY OF SAN FRANCISCO

---000---

JOHN DOE,
Plaintiff,
vs.
Case No.
KINK.COM; KINK STUDIOS, LLC; CGC-15-545540
KINKMEN.COM; CYBERNET VOLUME I

ENTERTAINMENT, LLC; ARMORY
STUDIOS, LLC; PETER ACWORTH;
HOGAN KARL aka VAN DARKHOLME
and DOES 1 through 50,
inclusive,

Defendants.

***CONFIDENTIAL - ATTORNEYS' EYES ONLY***

VIDEOTAPED DEPOSITION OF JOHN DOE,
taken on behalf of the Defendants, at Barkley Court
Reporters, located at 201 California Street, Suite 375,
San Francisco, California, commencing at 9:34 a.m., on
Friday, December 8, 2017, before JUVILYNN T. ARBUTHNOT,

Certified Shorthand Reporter No. 13817.

2

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court RaportersAPPEARANCE

FOR PLAINTIFF JOHN DOE:

RIBERA LAW FIRM
BY: SANDRA RIBERA SPEED
Attorney at Law

157 West Portal Avenue, Suite 2
San Francisco, California 94127

Tel: 415-576-1600
Fax: 415-842-0321
Sribera@riberalawfirm.com

FOR DEFENDANT CYBERNET ENTERTAINMENT,

TYSON & MENDES

BY: SUSAN OLIVER
Attorney at Law

5661 La Jolla Boulevard

La Jolla, California 92037

Tel: 858-263-4070
soliver@tysonmendes.com

FOR DEFENDANTS CYBERNET ENTERTAINMENT,

STUDIOS, LLC:

LAW OFFICE OF KAREN TYNAN
BY: KAREN TYNAN

Attorney at Law
1083 Vine Street, #201

Healdsburg, California 95448

Tel: 707-395-0062

karen@karentynanattorney.com

FOR DEFENDANT PETER ACWORTH:

LLC:

LLC, AND KINK

CLAPP MORONEY BELLAGAMBA VUCINICH BEEMAN SCHELEY

BY: JEFFREY VUCINICH
Attorney at Law

2033 Gateway Place, 5th Floor
San Jose, California 95110

Tel: 408-292-2378
Fax: 408-292-8063

jJvucinich@clappmoroney.com

// (Continued)

3

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY

BARKLEY

Court ReportersAPPEARANCE S (Continued)
FOR DEFENDANT PETER ACWORTH:

BOORNAZIAN, JENSEN & GARTHE

BY: ROSEANNE C. LAZZAROTTO
Attorney at Law

555 12th Street, 18th Floor

Oakland, California 94607

Tel: 510-834-4350

Fax: 510-839-1897

vlazzarotto@bjg.com

FOR DEFENDANT HOGAN KARL:

SMITH DOLLAR, PC

BY: RICHARD W. FREEMAN, JR.
Attorney at Law

404 Mendocino Avenue, Second Floor

Santa Rosa, California 95401

Tel: 707-522-1100 ext. 1105

Fax: 707-522-1101

rfreeman@smithdollar.com

FOR DEFENDANT ARMORY STUDIOS, LLC:

STONE & ASSOCIATES
BY: RON BERESTKA
Attorney at Law
2125 Ygnacio Valley Road, Suite 101
Walnut Creek, California 94598
Tel: 925-938-1555
Fax: 925-938-2937
rberestka@stonelawoffice.com

ALSO PRESENT:

ALFREDO DOMADOR, Videographer

4

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY

BARKLEY

Court ReportersINDEX

**CONFIDENTIAL - ATTORNEYS' EYES ONLY**

WITNESS: JOHN DOE

EXAMINATION BY:

MS. TYNAN

MS. LAZZAROTTO

MR. BERESTKA

MR. FREEMAN

---000---

EXHIBITS

EXHIBIT NO. DESCRIPTION

1

‘/

Model Release, Consent and Waiver Agreement
Records Keeping Compliance Form Shoot ID 16523
Bound Gods 11/7/11

Model Release, Consent and Waiver Agreement
Records Keeping Compliance Form Shoot ID 16757
Divine Bitches 11/8/11

Model Release, Consent and Waiver Agreement
Records Keeping Compliance Form Shoot ID 17871
Bound in Public 1/9/12

Model Release, Consent and Waiver Agreement
Records Keeping Compliance Form Shoot ID 17882
Men on Edge 1/11/12

State Fund Injury Claim
Bates 000024

"My Interview with Cody Allen" by Marc Dylan
Model Release, Consent and Waiver Agreement

Records Keeping Compliance Form Shoot ID 28338
Naked Kombat - Never Published 1/7/13

5

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY

PAGE

9, 347

208

257

288

PAGE

95

126

142

157

187

BARKLEY

Court ReportersEXHIBITS (Cont.)

EXHIBIT NO. DESCRIPTION

8 Lenox Hill Hospital 3/27/14 letter from
Ladan M. Ahmadi, MD

9 3/27/14 letter from Ricky K. Hsu, MD and
Erik Mortensen, NP
Bates Doe-Acw000636

10 Model Release, Consent and Waiver Agreement
Records Keeping Compliance Form

11 Second Amended Notice of Taking Deposition
of Plaintiff John Doe (iD

12 Plaintiff's Responses to Special
Interrogatories, Set One - Confidential

13 5/15/17 Verification by John Doe

14 Spreadsheet

15 University of Washington Retrovirus
Laboratory HVTN: Blinded HIV-1 Infection
Status Report for Participant 106506021

16 E-mail chain beginning from Jessie Lee
to Karen Tynan, Jeanie Mayall 6/16/14
Subject: Fwd: Cody Allen - Bound in Public
5/3/13 Booking Request

17 Model Release, Consent and Waiver Agreement
Records Keeping Compliance Form Shoot ID 21957
Bound Gods 7/31/12

18 Model Release, Consent and Waiver Agreement
Records Keeping Compliance Form Shoot ID 23735
Bound in Public - Never Published 7/29/12

19 Model Release, Consent and Waiver Agreement
Records Keeping Compliance Form Shoot ID 28333
Bound Gods 1/10/13

20 Color photo

21 Screenshot printout - Cody Allen @KinkyCody

Twitter posts

6

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY

PAGE

200

202

220

230

234

235

238

251

260

298

300

302

304

351

BARKLEY

Court ReportersINSTRUCTIONS NOT TO ANSWER

PAGE LINE
292 12
354 22

7

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY

BARKLEY

Court Reporters09:35 5

09:36 15

09:36 20

09:36 25

SAN FRANCISCO, CALIFORNIA; FRIDAY, DECEMBER 8, 2017
9:34 A.M.
--000--

THE VIDEOGRAPHER: Good morning. Here begins
Media No. 1 of the deposition of John Doe, in the matter
of John Doe versus Kink.com, et al. This case is in the
Superior Court of the State of California, in and for the
County of San Francisco. The case number is
CGC-15-545540. Today's date is December 8th, 2017. The
time is 9:34 a.m.

This deposition is taking place at 201
California Street, Suite 375, San Francisco, California
94111. The videographer is Alfredo Domador, appearing on
behalf of Barkley Court Reporters, located at 201
California Street, Suite 375, San Francisco, California
94111.

Would counsel please identify yourselves and
state whom you represent.

MS. TYNAN: Karen Tynan, Cybernet Entertainment,
LLC,

MS. OLIVER: Susan Oliver, Cybernet
Entertainment, LLC as well.

MS. LAZZAROTTO: Roseanne Lazzarotto for
Defendant Peter Acworth.

MR. BERESTKA: Ron Berestka for Armory Studios,

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters09:36 5

0959 15

09:37 20

09:37 25

LLC.

MR. VUCINICH: Jeff Vucinich, also for Peter
Acworth.

MS. RIBERA SPEED: Sandra Ribera Speed for
Plaintiff John Doe.

MS. TYNAN: And Richard Freeman for individual
defendants has briefly left the room and will be
returning after his phone call.

THE VIDEOGRAPHER: The reporter today is
Juvilynn Arbuthnot, with Barkley Court Reporters. Would
the reporter please swear in the witness.

(The cath was administered to the

deponent, NMI 2s follows:)

DEPOSITION OFFICER: Do you swear to tell the
truth, the whole truth and nothing but the truth?

THE WITNESS: Yes.

EXAMINATION
BY MS. TYNAN:
Q Thank you. Good morning.
A Good morning.
Q We met briefly off the record, and I'd like to
get you to state your name for the record.

MS. RIBERA SPEED: And Karen, just before he

does, this record is confidential. So I will obviously

allow him to say his name, but because the complaint is

9

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters10:01 5

10:02 25

A

I am not sure. I would suggest reviewing the

medical records. They should be inclusive of anything

that happened during that time. There would be, like, a

clinic visit or something.

Q

Did you ever go to the New York Department of

Public Health?

x

¥olling testing window

6

testing.
Q

when you

New York

go, 68

ho are sexually active, on

you start that three-month rolling

When T moved to New York, 1 believe.

Fels,

a

So I asked you for a date on that, and you said
moved to New York. What date did you move to

City?

30

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY1 treatment that are necessary for those, which the

2 Department of Health does not provide.

3 Q Okay. So those are the two visits you remember
4 for City MD between the summer of 2012 and summer of

10:06 5) 2013?
6 A Yeah. It there's another visit -- so it would
7| be in the records. But those are the two which I

8 explicitly remember.

9 Q Do you remember the names of the doctors --
10:06 10 A No.

11 Q -- you saw or anything like that?

12 Did any friend go with you to City MD?

13 A No.

14 Q You went by yourself?
10:06 15 A Yeah.

16 Q How long did it take you to recover from your

17| concussion?

18 A I mean, I think I was pretty much recovered by
19 the -- like, the day.

10:06 20 Q Okay.
21 A It was just that because I had memory loss and I

22 woke up on the floor and my head was bleeding, I figured
23 that I probably should go get a doctor to check it out.

24 Q YOU Were 210ht. Okay. €0 You've giver us quite

100P 25 a few doctor and en

ty name

is there any other

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters&
@
3
2
5
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8

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLYSe 2 es Ge 6 8

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court ReportersSe 2 es Ge 6 8

21 Q Do you have a future visit with that urologist

22 again planned?
23 A No.
24 Q Any other referrals to specialists that you've

10:11 25) had?

37

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters1 and Broadway. I primarily use the one on 125th Street,
2 because it's less busy.
3 Q Any other pharmacies you've used since the

4 summer of 2015?
to18 5 A There's a Duane Reade near Lenox Hill Hospital
6 in the Upper East Side, which I think I got medications

fH once or twice from, because they're right next to my

8 doctor's office. And I think that there's a -- I don't

9 know the name of the pharmacy. There's probably one near
10:18 10 96th Street near the City MD there, which they sent

11| medications to once or twice as well.

12 I think that that's -- yeah. 'Cause it's more

13 convenient to just go to the pharmacy right next to the

14 doctor's office when they give you a prescription, rather
1019 15) than going to another one at a different location.

16 QO Gotcha. So those are all your pharmacies. Now,

17 a few minutes ago when you were telling me all about your

18] medical providers, you said that you h adopted the CDC

i recommendation of testing every three months?

1019 20 A HIV and

oe Q HIV and S¥is. When did you pe bhee Coe

ee practice of testing every three months for H1V and STis?

23 A 1 believe that 1 actually fled that == 1 know

24 thet £ was doing 10 when £ was 12 New York Gity. @
1088 25 = reed doing that fo thet. @

44
BARKLEY

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court RaportersSe 2 es Ge 6 8

in part because my primary care doctor was not
23 really very accepting of me being gay, so I tended to not
24| do testing through them very much.

40:20 25 I had medical records that were, like, released,

45

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters1 do all the testing.
2 QO SO when you're telling me about your practice of

3) getting the Hiv/s that would have

4 el?
1027 5 A Yes. It would have been gonorrhea, chlamydia,
6 Swap in all the relevant places. $0 usually, = think,

you'd do a urine, and you'd do a rectal swab. You

do blood for syr do either a

nd y

OF an oral swab for HIV. I don't remember
10:27 10 which one that they did.

11 Q Did the STI test that you were getting --

12 gonorrhea, chlamydia, and syphilis -- ever change from

13| when you started in Albany through, say, 2015?

14 A What do you mean? Like, the type of test?
10:28 15 Q The panel. Yeah. Did you add other STIs to it?
16 A I was tested for herpes antibodies a couple of

17 times. I tested for hepatitis on a semiregular basis.

18 Tested for hepatitis antibodies to ensure that the

19| vaccinations for hepatitis were working correctly. The
10:28 20} Gardasil vaccine for HPV -- I got that. So there was HPV

21 testing as well. So a pap smear for that.

22 Q Is that a rectal pap smear?
23 A Yes.
24 Q Or urethral? Rectal?
10:28 25 A Rectal.
51

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters1 really much of a benefit, and there's not really a --
2 there's not really a need to get tested on a frequent

basis for that any more often than is recommended.

a

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raportersa e Hy NEES S) 1A KE, Basie Se
@| tears

4) beiett

basic ¢
Anelusive of |

“Yecall the specific details, because

srisninute Conversation that! happenéd’ years’ ago!
12 Q Okay. So -- and that would have happened
13| during -- when you say "during testing," you're talking
14 about the every-three-month testing --
10:31 15 A Yeah. Usually when you do --
16 QO -- that you would do?
17 A Yeah. Usually when you do testing like that,

18 there's going to be what they call, like, counseling. So

19 it's, like, testing and counseling, is usually what they
10:32 20 call it. So they're going to have a brief discussion

21|) with you about what you're doing sexually, what your

22 associated risks are, and ways to reduce those risks, if

23 there's ways to reduce those risks for you.

24 Q And that happened every three months or so? I

10:32 25 know sometimes it went more.

54

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters10:32, 5

10:32 15

10:33 20

10:33 25

A Yeah.

QO But about every three months, that --

A Uh-huh.

Q -- was the process you had with the testing --
A Yes.

Q -- was a -- I think, if I understand you

correctly, a somewhat brief counseling session?
A Yeah. It's basically however long it takes for

the rapid HIV test to come back.

0 Okay. Now, you talked about

in software development. When did you have your
work in the adult film industry?

A it would have been 2011 -- Late 2011. My first
videos were produced with a company called Next Door

Studios. The second set of videos that I produced were

with Kink.com.

Q Did you ever have an agent?

A I did.

Q And who was that?

A FabScout, I think, is the company.

Q Howard?

A Yeah. I don't know if it was Howard directly,

or one of the people who works with Howard, but they --
Q In Miami?

A Yeah. So they represented me for a period of

55

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters10:35 5

10:36 15

10:36 20

10:36 25

QO Ever do any scenes for Hothouse?

A No.

Q Falcon?

A No.

Q Raging Stallion?

A No.

Qo About how many scenes did you do for Next Door
Buddies [sic] == Next Door Studios: Gor Next Door
Buddies is the genre, 1 think.

A Okay. ha
L ci NOL Sure about fhe number, i fiew
out there two times aid a4
couple of scenes ea Four to
seven scenes, total.

Q And when you say you flew out there, what do you
mean?

A I went on an airplane, the plane took off in New

York, landed in San Francisco, a vehicle picked me up or
I took a cab from San Francisco Airport -- or whatever
the airport is, Oakland Airport -- whatever the one in
this region is. And I went to the studio location, which
is in Sonoma County, I think. Or whatever the wine
country county is that's really foggy a little bit north
of the city.

Q That would be Sonoma County.

58

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court RaportersSe 2 es Ge 6 8

11 So usually after that point, I started doing
12| most of my testing, I think, through a normal doctor's
13| office or a clinic or something that can actually make
14 sure that everybody who needs to get the records can get

1045 15) the records.

o

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JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters&
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JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLYSe 2 es Ge 6 8

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Reporters1 completed?

2 A Check.

3 Q And did you have an entity that got paid, or was
4 it individually to you?

1051 5 A It was individually to me. I would get a 1099

6 at the end of the year for it. So it was independent

7 contractor work.

8 QO And all of that work occurred with Next Door

9 Studios in Sonoma County?

10:51 10 A Yes. Pretty much.
11 Q When you say "pretty much," what do you mean?
12 A I don't think there was -- I mean, I don't know
13 exactly where the county border is. I don't know if,

14 like, the actual house was within technically Sonoma
1051 15) County. I know that it's that area.
16 QO Right. There's a shoot house in Rohnert Park,

17 which is in Sonoma County.

18 A That's probably where it is, then.

19 Q Okay. You said you shot one or two ti
O51 20

Zi

ce QO And that was in New York Ci 2

23 A

24 Oo And was that in 2012?
1st 25 A dhe Guys in Sweatpants shoot, 1 think, was 2012

10
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JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters&
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8

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Reporters10:53

10:53

10:53

11:05

25

Oo 5O ailed him from your Gmail account

A Nea. 2 Belleve so.

o With a copy of your test LES price te your
shoot with Guys in Sweatpants?

A Uh-huh.

Q And did you get shown the test results for your

scene partner?

A I don't think so.
Q And for the Guys in Sweatpants --
A Before you continue, can I just use the restroom

real quick?

MS. TYNAN: You know what? It's probably a good
time. We can take a break.

THE WITNESS: Okay.

MS. TYNAN: We've been going about an hour and
20 minutes. We'll take about a 10-minute -- hold on.
Don't take -- don't drop -- rip your microphone off.

THE WITNESS: Thank you.

THE VIDEOGRAPHER: We are going off -- we're
going off the record. The time is 10:52 a.m.

(A short recess was taken.)

THE VIDEOGRAPHER: We are back on the record.
The time is 11:03 a.m.
BY MS. TYNAN:

Q Thank you, QRRBNNMJ) We're back and had a break.

72

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters44:11 5

11:11 10

me 15

Q And did you have that conversation with Hugo
Harley in 2013?

A Yes. That was after I became HIV-positive. It
was either end of 2013 or early 2014. I think it was end
of 2013, though.

Q Was there anyone else that you communicated with
at CockyBoys in 2013?

A I don't think so. I may have had, like, casual
conversations with some of the other models there, but I

think that my point of contact was Hugo for any

business-related things.

© ‘Bnd you Ehink you did one scene for CockyBoys;

&
‘Know the date
because
ch

e adult industry.
QO 8

At more

a or een merereeen

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY “Court ReportersSe 2 es Ge 6 8

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Reporters114

14:14

11:14

14:14

11:14

yeah. (aS abour 1b. There was

Some rope bondage, some oral sex, which, again,

Was == we fae testing ceécords that CockyBoys bad for a

the partners, so -- well, for me and my sce

© pariner.

$0 there was -- if was assumed sa we were

Q So how did CockyBoys make initial contact with

A I believe that I met Hugo out at some point in
New York City nightlife, and me and him chatted. I don't
really know the specific details of how me and him began
to chat, though. It was a long time ago. But I do
remember that I met him out in New York City nightlife a

few times, and we connected.

Q Did you have sex with him?

A No.

Q So with Hugo, your only partner at CockyBoys was
this performer that -- you believe his name was Cole
Brooks?

A Yeah. I believe so.

Q And do you remember signing a Model Release when

you did the CockyBoys shoot?
A Yes. I believe that there was some paperwork
prior to shooting.

Q And would you say that Hugo Harley was the

80

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters1| need condoms for that shoot.
2 Q So for the CockyBoys shoot, did you not use

3 condoms for anal sex?

4 A There was no anal sex.
47S QO It was just oral sex?
6 A Just oral sex, correct.
7 Q And was there rimming?
8 A I don't think so, but I don't know. You'd have

9| to double-check the video to be completely sure.

&

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters@ ov had

S -euenyene Had

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6

a) @ Okay) anawien was"

@ @ Pel sure
on 1) Gael tl
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ask

pretty close.
ze

419 15 I know that the video came out on, I think, December or

16| something. It came out before the Next Door Studios
17 shoots, which I did a little bit before I actually shot
18 the Kink ones. So I was kind of surprised by the
19| ordering, that the Next Door Studio ones came out

11:20 20 afterwards, even though I shot them before.
21 Q Okay. I understand that. So after you did the
22 shoot for Kink.com in November, 2011, did you ever shoot
23| again for Next Door Studios?
24 A Yeah. I believe the first time I shot with Next

11:20 25 Door Studios was end of 2011. I think I shot again with

84

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY “Court Reportersw:210«5

1422 (10

11:22 15

11:22 20

11:22 25

they did it where the model would get the money, and then
they would send it to Howard, or vice versa. Or the
studio would send it directly to Howard. I don't really
recall specifically how that went with them.

Q But Howard got some portion of the compensation
you were paid?

A Yes. So at some point, they got some of the

money that I would have earned.

QO So when | say you did work for do you
have any understanding © Cybernet’
Entertainment?

A Yeah. it's my understanding that Kink.com,
Cybernet Entertainme Peter ACWOrth, and the Armory
all ally the same. In part, because of their

names being used relatively interchangeable --
interchangeably on documents and e-mails. DNS
registration data shows that they're all registered by
the same e-mail address and the same contact information.
And it's been advised by my attorney that through further
investigation, these entities all appear to be the same.

Q So you said these entities all appear to be the
same. Other than information from your attorney --

A Uh-huh.

Q -- and thinking back, when did you first come to

believe that all these entities are the same?

86

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters1 Q And did you ever have any communications with

2 Mike Scott at Kink?

3 A I think so. Yeah.

4 Q Did you ever have any communications with Bryan
11:29 5) Coons at Kink?

6 A I'm not sure. I'd have to look at e-mails to

7 see. Or if you guys have your e-mails, you can probably

8 check to see if Bryan Coons has ever sent me an e-mail.

9 0 Did you ever have any e-m 1 Jessie Lee
41430 10 Wright at Kink.com?

ce A Neeh. Gessie was Ene == —essie Les wrigar --

12 that also Jes

13 Qo sir

14 A Sorry. 1 didn’t know the last name :
1130 19 "Wright." Yes. I did have several communications with

16 including a phone call after I was diagnosed.

ed And the subsequent e-mail ld me I had to
18 => Of f paperwork.
19 I later learned that that paperwork is

20 essentially the workers' comp documents. I wasn't asked
21 if I'd like to file a workers' comp claim. Instead, I

22 was told, "This is the policy. You have to fill out this
23 stuff and file it." And that is what I did at her

24| direction.

11:30 25 Q But back -- I'm trying to find out who you met,

93

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters11:31 5

11:31 10

11

12

and we'll get to the part about the workers' comp docs.
So I've mentioned Jessie Lee, Mike Scott, Bobbie Sanchez.
Can you think of anyone else in the talent department
that you met during any of your shoots?

A I mean, I technically don't know where the
talent department starts and ends, and I don't really
remember the names of most of the people. I know there
was a really tall fellow. I don't know who --

QO With blond hair?

A I think so.

Q Okay.

A I think I met a guy like that at one point. I

really know.

‘Did => when you

Yes) 1 beri BhOSEL) Na
en

T only did ene’

then 1
Gone
eh

Q

EARKLEY

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY “courtSe 2 es Ge 6 8

18

19

20

MS. TYNAN: And -- there we go. This will be 1.

I think I'll take you up on your idea. She'll hand you
that one with a sticker on it.
THE WITNESS: I get a sticker.

MS. TYNAN: You get the one with a sticker.

oS

BARKLEY

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raportersom @

11:34 15
16
17
18
19
11:34 20
21
22
23
24

11:34 25

© Go this is £ a ee sipage

allele Peal
“pages, the paperw

gee 2

ieee Geeee ae

© And at the top, you can see in some other print,
m not asking if it's your handwriting, It says)

a Ts chat yOu Were previously using
M sheet o>

A
Q -- you referenced?
A That is correct.

QO Okay. And did you receive these first two
pages, the Model Release, in the talent department?

A Yes. I believe the first two were in the talent
department. I don't know where the location of the other
ones were, except for -- the check list, I believe, was
filled out separately.

Q Well, when we look at page 3, the Model Rights,
and you talked about having Peter Acworth's name on the

document, is this what -- one of the things you were

96

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raportersam @

11:37 25

A Yes. I believe that is my signature.

Yes. That is my si
that 1 was g bo be
vend that the
ity to
Ssion => it's stated here,
q | ded th EEuniLy Lo be:
@, because the LIPP was not furnished to

2 6id pot know Procedures 1. fake. And
sly tried to take those procedures, 1 was

& Wel Cre)
QO Okay. So we'll get to the Bound Gods shoot in

just a second. I want to talk about the paperwork.
A Uh-huh.
THE VIDEOGRAPHER: Excuse me, Counsel. We have
just seven minutes left on the tape.
MS. TYNAN: And how long is it going to take you
to change it?
THE VIDEOGRAPHER: Four minutes, five minutes.

MS. TYNAN: Okay. Next time, let's try to do

99

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JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY “court

Y1 Q Did you have to do rimming with him?
2 A I don't know. I don't know if there was
3| rimming.

4 Q And did you use your hands to masturbate him?
114100«S A I do not recall if I used my hands to masturbate
6| him. I think that you guys have the footage. You should

7| be able to determine if that occurred or not.

8 Q And with Master Avery, you said your -- the

9 clothes were destroyed?

14:41 10 A Yeah. And I believe in that scene, I started
11 with some attire on, and it was ripped off, which was
12 pretty common for the scenes that I did with Kink.com.
13 Q Was there a rope or rebound?
14 A Yes. I was restrained in various ways during
11:41 15) that scene.
16 QO And did the scene occur in the basement in the

17| Armory?

18 A Yes, it did occur in the basement.
19 Q And how many people were on set?
11:42 20 A There was me; Avery; Van Darkholme. I believe

21 that there was two camera operators, at least. And then
22 I think that there might be some production assistants,

23|} but I don't know beyond that what the total count was.

24 Oo You Said Van Darkholme was ector?
tee 25 A i believe he was the director. 1 think he was
103

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raportersa“ @

11:43 20

11:43 25

in charge of Bound
what do you

eee

eeseesneaenmeersen
Getioioe.) GEE, ee eee
person," or "I don't think that wou
/ap Nerious ns that Ive

hime y Clear thet he’s the person who makes
ee ds.

Q And so you're basing that on conversations with
him?

A Yes.

QO On Van -- with Van Darkholme?

A Uh-huh.

QO That occurred beginning in November of 2013 --

2011. Sorry.

A Yes. I believe that's when it started.

Q Okay. So the videographer can change the
disk --

A Uh-huh. We can take a break.

104

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY11:56

page 1?
A Yes.
Q Where it says "Master Avery scene partner tested

clean in PASS on 1/20/2012"?

A Uh-huh.
Q But your scene was in November, 2011?
A Oh, okay. So that was an afterwards one. Yeah.

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters41:57

11:57

11:57

11:58

4158

19
20

21

Q So you read the first and second page of the
Model Release; right?

A Yes. And the Model Rights document here.

Q And those are your initials where you initialed
all those times down the left-hand side of the front
page; right?

A Yes, those are my initials.

QO Okay. Now, back to the scene. And I understand
what you're saying about test results. You guys had anal
sex. Was it your own condom that you used?

A No.

Q Who supplied it?

A I believe that the studio supplied the condom.
Q And did the studio supply the lubricant?

A Yes. I believe they did.

Q And did you perform rimming on Master Avery?
A I think I answered that question. I'm not

completely sure.
Q Okay.

A You'd have to review the video to find out.

you performed oral fon fim?

Yes. ©

oS

jectively, 1 express

5 Y told him that

did not want to perform oral because Ae used

an injec LO Meintain ah erection. | believe he
injection was provided by Kink. (I think if was the --—
109
BARKLEY

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters18

19

11:59 20

21

22

23

24

11:69 25

Se 2 es Ge 6 8

Q

Oo Fr O PF

So let's go back.

Yes.

You said that Master Avery injected his penis

with something?

Yes.
And how did you come to know that?
I observed it occurring on set.

Okay. So Master Avery injected his own penis

110

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court RaportersR
>

Yes, I did.

10

And what was that familiarity?

Se Se GS & by

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLYSe 2 es Ge 6 8

& © 8 6

22 Q There you go. So prior to the Bound Gods shoot,

23| you were familiar with BDSM; is that correct?

24 A Yes. I was familiar with BDSM.
1213 25 Q And you had been tied up before?
124

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court RaportersR

court --

Se 2 e Ge & by

MS. TYNAN: This is 2. I'm going to have the

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLYdocument here, whi

hol Was feguired £6 £115) oul even
2 Enough | was required to provide test results.
3 MS. OLIVER: Move to strike everything that is
4 nonresponsive after the word "yes."
1216 5 MS. RIBERA SPEED: Karen, can I -- I'm sorry
6 to -- I don't mean to disrupt your flow, but I just

7 noticed with Exhibit 1, the Acknowledgment of No Test

8 Results -- the date is January 8th, 2012.
9 MS. TYNAN: Mine is 11/7.
1216 10 MS. RIBERA SPEED: Can I -- I'm just going to

11 show you.
12 MS. TYNAN: Oh, let me -- well, look at his. Is

13| his the same?

14 THE WITNESS: Yeah.

1216 15 MS. RIBERA SPEED: I don't know. I haven't even
16 looked.
17 MS. TYNAN: Oh. Well, maybe my secretary messed

18 these up. Oh, I think she did. Oh. No. This is l.
19 Let me have 2. I'm looking at 2.
12:16 20 MS. RIBERA SPEED: No. I was looking at 1,
21 though. That's what I was referencing.
22 MS. TYNAN: Oh.
23 THE WITNESS: Yeah. This says November 7, 2011.
24 And the date on that page --

4216 25 MS. RIBERA SPEED: The Acknowledgement of No

127

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters12:18 5

1218 15

A Yes.

Q And then the next page, Model Expected Behavior
Guidelines -- is that your signature?

A Yes. I believe that is my signature on that
document.

went Of No

i did not see the other model's test

Fesuite ab the ‘thet T signed it.

Well, it also iging risk of
ing diseases; right?)
A It says -- let me --
QO Well, I don't need you to read it on the record.
I'm just --

MS. RIBERA SPEED: Just give him a chance to

review it.

THE WITNESS: I would like to reply. Thank you.

Te says.
there e7 fhet 1/11 be given the.
_—fo reduce the

1 beca
a erases

eculments seem to indicate everyone has to provide

BARKLE

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY “court

Yos 6 NR eB

12:19

4a19 25

MS. OLIVER: Move to strike as nonresponsive.
MS. LAZZAROTTO: Join.

BY MS. TYNAN:

Qo

Q Did you see their records?

130

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JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters1229 65

1230 15

12:30 20

12:30 25

Q And that was in 2012?

A You have the dates. I don't know the dates
offhand.
Q But you did, subsegue to your Bound Gods and

uy Divine Bitches scene, work a n for Kink.com?

A tee, fei.
Q And did you still have Howard as your agent?
A I don't remember at which date Howard stopped

being my agent, but at some point after I started doing
videos with Kink, Howard stopped being my agent.

Q Was the next shoot that you did a Bound in
Public shoot?

A I don't know the ordering and which shoots
happened when. I think you have the paperwork in front
of you, which should tell you that.

Oo Did you do a Bound in

A Yes. I believe he was the director of all the
Bound in Public shoots that I did.

Q So he directed your Bound Gods shoots, and then
you did a Bound in Public shoot, with him again?

A Yes.

Q And prior to the Bound in Public shoot, did you

know he was going to be the director?

A I figured that he would be the director. Yes.
Q And what did you know about Bound in Public
141
BARKLEY

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters1 before you did that next scene with Bound in Public?

2 A I know that it was a website that Kink.com has,
3| that they're usually more on-site stuff, as opposed to in
4 a studio setting, that there's usually more people

12:31 5 involved.

6 MS. TYNAN: Okay. Well, here, we'll go to
7 Exhibit 3, since you're right that -- and she'll pass you
8 the --

(Deposi Marked

d attached

11 MS. RIBERA SPEED: You know what, Karen? Just
12 to prevent any issues or confusion, may he just have a
13 minute to look at this, Exhibit 3 --
14 MS. TYNAN: Uh-huh.

1231 15 MS. RIBERA SPEED: -- before you start asking
16 questions? Thank you.
17 BY MS. TYNAN:
18 QO Have you had a chance to do this, to look at the
19] documents?

12:32 20 A Yes. Looks like -- I have had a chance to look
21| at this.
22 Q And I noticed your attorney pointed you towards
23 some of the dates on it.
24 A Yes.

12:32 25 Q So I'm going to ask you some of the dates. So

142

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raportersoy

1233 15

12:33 20

12:33 25

ao you re

shoot

A

oer eer ve

this Bound in
don't know. ‘The flight records are probably
Did you ever stay overnight at the Armory?

Yeah. Usually, | would €1y in and either stay

Overnight and shoot, or shoot and stay overnignt, or fly

back. se Pee eee =So

Q And they provided you a room?

A Yeah. But I had to provide my own food.

Q And on this document, the first two pages, like
the other sets -- is this your signature on page 2, with

your initials down page 1?

A

Q

Yes. That appears to be my signature.

And this was up on the top of the first page.

The e-mail address you're using is

"A .gnaid.com"; is that right?

A

Q

That is correct, yes.

And I see that you got reimbursed for transport

and hotel for this shoot, 42.90?

A

Q

Yeah.

So did you typically get reimbursed for, like, a

cab fare or something like that?

A

pick me up from the airport directly.

It varied. Sometimes they would have someone

And if someone was

143

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Court Reporters

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY12:34 5

19
12:35 20

21

Q Okay. So you wrote the name "Cody Allen" out?
It's not --

A Yes, I believe so.

QO And you wrote the date, and that's not your

signature by "director," is it?
A No, that is not.

Q Going back to the -

& Uhehub.
Q s+ the Bound in Public shoot, the two-page check

Usually, these Cheek 1iSts for whet 1 Was ‘okay and not
Okey With were done Suteide of Ube talent department; in

I've done these, it's in the room on the second floor
towards the front of the building. Right near the
stairs, there's a room with a couple of couches. That's
usually where I filled out paperwork like this one, with
Van or whoever also was doing the scene.

Q «And /So you Fi2led/ out <= Guring your various
Gheove atu Kink: com, (you Filved out check Lists when you
Gamez

‘A Ubehah.

as

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY1 A Yeah. Don't want anyone who has, like, sharp
2 nails to try and finger me, because it would result ina

3 cut and very unpleasant and painful.

4 Q And the "Kissing" --
1242 5 A "Only to hot guests and models."
6 Q Oh, "hot guests and models." So you were

7 willing to do that?

8 A Uh-huh.

9 Q Okay. And you filled this out, and it's your
12:42 10 name on the second page, the last page of Exhibit 5. And

il then do you remember this Bound in Public shoot chat

2 happened in January, 2012?

13 A This one location at @ store called Worn
14 Dub West, 28 — recall.

1243 15 Q Can you say that slower?
16 A Was this on location at a store called "Worn Out

17| West"?

18 QO It may have been.
19 A If so, then I do recall that shoot. Yes.
12:43 20 Q And do you remember who your scene partners

22 A I do not recall their names, no.
23 Q And was Van the director?
24 A I believe Van was the director.
12:43 25 Q And were there any of the same crew members in
152
BARKLEY

JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters1) and then there's some additional doms who are hired, and
2| then there's members of the audience. And I believe that
3| there was anal sex with the higher dom, several of the --

4} the -- the hired extra doms. And I don't recall if there
1244 5) was anything -- for anal sex, people from the audience or

not.

©

oe So

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters1 everyone should have been bed, 66 16 was my
a x

2 understanding that everybody was ces and everybody

ep7s

© told you that?

1245 5 A it's clear from the paperwork that everybody has

oy
¢
5

Sign these Model Release documents, saying that they

7 don't have any
8 QO Well, I'm not asking about the documents. I

9| understand your answer to that question.

1245 10 A I drew the conclusion based upon the documents.
iL QO So no one told you that?
12 A Correct.
13 Q No one in the talent department. So have you
14 ever been -- have your name -- had your name entered in

1246 15 the PASS system, P-A-S-S?

16 A Yes, I believe so.

17 Q And is it entered under [x
18 A I -- I don't know. It's probably [x
19| ov 6 8 not sure what it would be.

12:46 20 Q So going back to the 2012 -- January, 2012 Bound
21 in Public shoot that you recall may have been on
22 location -- Van was the director. You remember one of
23 the other crew members that you had met before; is that
24| correct?

12:46 25 A Yeah. I believe that one of the either -- I

155

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters1246 5

1247 10

12:47 20

12:47 25

think it was a production assistant or one of the -- one
of the videographers was someone who was on the previous

sets, and was on future shoots as well.

Q And so there was anal sex. Was there what we
call "rimming" again in this scene?
A I don't remember specifically if there was or

not, but the video should tell you if that happened.

Q Did you perform oral sex on the dom?
A Yes. I believe I did.

Q And did he perform oral sex on you?
A I don't know.

° You did that Bound i

came and did that one scene in Ja
that correct?
A i'm pol sure. You have the records in Eronke of

you, so if you -—

° Did you -- did you ever 2
A te

Q And what's that genre, Men on Edge?

A I'm not sure what you mean by "genre." Like,

it's a gay/BDSM thing where someone's tied up. In

particular, they're supposedly brought close to orgasm.

Q And then denied orgasm?

A Yes.

Q I.e., Men on Edge being that the person is on
156

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JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters02:02 5

02:02 25

Fund wanted, because for the most part, I think they had
me mail in a bunch of things. I don't know if I have any
copies of those, because they wanted the physical things,
so I mailed them lots of stuff.

QO Okay. So you mailed State Fund lots of stuff.

Morming, you c= we Calke

‘different scenes you |

1 did you ever use a condon
Grail Sex?
B not Use a condom during oral sex =~
o ‘And p>
BR Go but Tf was also my understanding that

MS. OLIVER:

Ms. OLIVER?

was work apecsoecmeewees,

Gaee ae
BY MS, TYNAN:

Q So in 2012, did you ever use a condom for oral

sex in any scene you did?

174

BARKLEY
JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY “Court Reporters1 A Okay. Well, I can't attest to what's on the

2 document if I can't see it. Sorry.
3 QO Well, I'm not asking about what's on the
4 document. I'm asking what you told the doctors.
0206 5 A Then I don't really remember the details of
6 those conversations. But as you said, it's on the

7 documents, and if I don't have the documents which detail
8 what happened in those conversations, I can't really
9 speak to what was said then.

0206 10 Q Right. And I don't -- I don't -- I want your
11 best recollection in your head today, not what you're
12 reading off of documents. So for those times when you
13| went to Columbia --
14 A Uh-huh.

02:06 15 Q -- the records we have for that, you don't
16 remember discussing whether you were using condoms for
17| oral sex, with those doctors?
18 A I don't recall conversations of that specific
19| nature.

02:06 20 Q Okay. So going back to some of your prior
21 testimony about when you started getting tested every

22 three months.

23 A Sorry. I knocked the microphone. Sorry about
24 that.
0206 25 Q 80 going back fo the period that you

11s

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JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court Raporters&
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JOHN DOE - CONFIDENTIAL - ATTORNEYS' EYES ONLY Court ReportersSe 2 es Ge 6 8

02:09 20 Q Have you ever described yourself as a sex

21|} educator