(Back on the record at 11:12 a.m.)

Q Would it be consistent with your understanding -- if the first letter that you received from our offices is May of 2001, would it be consistent with that to presume that the mall opened in 2001, some time after that time?

A That's a reasonable conclusion.

Q Okay. So I think we'll conclude that the mall opened later in 2001, probably some amount of months after that first letter that you got.

A I think that's true.

Q Okay. Hold on one second, please. Okay. During the time -- have you ever discussed selling this website to any third party, to anybody?

A No, I have not.

Q Has anybody ever -- aside from settlement discussions in this case, has anybody ever talked to you about purchasing that website?

A No, they have not.

Q And when I say about the website, what I mean to say is the domain name. Is that what you meant when you answered that question?

A Yes.

Q Okay. Do you recall anybody besides Ms. Hartley that you may have discussed the fact that you had the domain name and/or website with?

A I believe that I mentioned it to other friends of mine.

Q Can you name some of them who you think you did talk to them about?

A I really can't. I mean, I just don't know. It was --

Q Friends that you talk to regularly?

A Exactly. People who I work with, people who I'm friendly with. I don't remember anyone specifically, but I remember discussions.

Q Well, who do you talk to on a regular basis that are friends?

A The people I work with, if we would drive past the mall, I would mention something about the website. I don't remember any specific names -- you know, I can't identify someone who I mentioned the mall or my website to.

Q Okay. I appreciate that. Who do you regularly talk to? Do you have any friends that you talk to, you know, at least every week?

A I'm thinking. Other than Donna?

Q Yeah.

A There's -- I'm thinking out loud here. Probably not.

Q Who do you consider your friends? Do you have any friends other than Donna?

A Very few.

Q Do you talk to any family members?

A Yes, but I don't think I would have mentioned anything about this to them.

Q I'm not just asking that. I'm really asking you just the question. Do you talk -- do you have people, family members or friends, that you talk to about anything on a relatively regular basis? Do you live with any family members?

A My son lives in Dallas, and I was working with him at the time and probably mentioned it to him.

Q What's your son's name?

A His name is Matthew.

Q Matthew Mishkoff?

A That's correct.

Q And what's his address?

A I don't know off the top of my head.

Q Do you know the name of his street?

A Frankford Road.

Q Frankford?

A F-r-a-n-k-f-o-r-d, in Dallas.

Q Is that an apartment or a house?

A It's an apartment.

Q Any other family members that you talk to?

A Not that live in Dallas and not that I would have mentioned the mall or the website to.

Q Okay. But let's go beyond that. Are there any family members that you talk to -- are there any family members that you talk to, you know, more than once a year or so? But I mean more regularly.

A Yeah, my father and my sister.

Q What is your father's name?

A His first name is Coleman, C-o-l-e-m-a-n, Mishkoff.

Q What city does he live in?

A New Rochelle, New York.

Q So when you talk to him, it's usually by telephone?

A Yes.

Q And your sister?

A My sister's name is Dena, D-e-n-a, Isaacson, I-s-a-a-c-s-o-n.

Q And where does she live?

A New York City.

Q And, again, you usually talk to her by telephone?

A Yes, although she has e-mail. And recently we've started communicating through e-mail more than telephone.

Q Do you remember if you told either of those two about your website, I mean the domain name that you had procured?

A My guess is no.

Q And do you have any local buddies or friends, other than Donna Hartley, that you see and/or talk to by phone more than let's say once a year?

A I would say no.

Q Have you had anybody over to your residence for dinner or a party or a beer in the last year?

A I would say no.

Q Have you gone to anybody's house, in the other direction, in the last year?

A I'm trying to think. Not that I can recall.

Q Okay. When you say -- you mentioned you talked to people that you work with.

A Right.

Q Are those, for example, a client, one of your WebFeats clients?

A Well, I had a job for a while, and I worked for two people who were friends of mine. We didn't -- we didn't part on very good terms.

Q Is that the same job that took you to mid-2001?

A Yes.

Q Who were those people?

A The two owners of the company were Steve Sanazaro --

Q Can you sell that?

A Yes, S-a-n-a-z-a-r-o.

Q Uh-huh.

A And Jim Farrell, F-a-r-r-e-l-l.

Q And you saw them regularly, what, up until the time that you parted ways with that company?

A That's correct.

Q And then since the day that you terminated your involvement with the company, you're not really connected with them anymore?

A That's correct.

Q And that happened -- when you said mid-2001, did you put a month on that?

A I think I said May or June. I think I was on vacation in May, and I quit shortly after that, and it may have been May or June.

Q Do both of those individuals still live in the Dallas area, to your knowledge?

A I believe they -- I know Jim does. I believe Steve does.

Q Are they still employed with -- what's the company?

A Synctive. As far as I know. I know Jim is. I believe Steve is.

Q I'm sorry. I lost the name. Can you spell it again?

A Which one?

Q The company.

A Oh, Synctive, S-y-n-c-t-i-v-e.

Q Is that a corporation?

A I'm not sure. I think it is.

Q And that's located in Dallas?

A It's in Addison, which is a suburb of Dallas.

Q How many people are employed with Synctive -- do you know -- or were employed at the time?

A I believe it's just the two of them. Well, and they had -- and then I was an employee, and they had someone as their sales or marketing manager whose name I can't recall.

Q Getting back to the construction of the website that you -- can I assume that you solely put it together?

A That's correct.

Q Okay. In connection with that, did you scan any materials into the website?

A I don't believe so. I may have. I don't believe I scanned any materials in. It's possible that I did.

Q Okay.

MS. GREENBERG: Joe, are you in there?

MR. REZNICEK: Yes, I am.

MS. GREENBERG: Do you have Exhibit 4?

MR. REZNICEK: Yes, I do.

MS. GREENBERG: Can we mark Exhibit 4? It's not really Exhibit 4. That's just internal. Can we mark that as Plaintiff's Exhibit 1?

MR. REZNICEK: Without the cover sheet?

MS. GREENBERG: Take off the cover sheet. That's just for our own sorting purposes by fax. Take that off, and you can throw that away.

MR. REZNICEK: Okay.

MS. GREENBERG: Is yours stapled?

MR. REZNICEK: It is not yet. I can get my stapler and staple it.

MS. GREENBERG: Okay. It's probably going to make everybody's life easier.

MR. LEVY: Can I just ask -- can we go off the record for a moment?

(Off the record at 11:24 a.m.)