CAUSE NO. DC-12-10604 MELISSA KINGSTON, § IN THE DISTRICT COURT § Plaintif, § § vs. § 44” JUDICIAL DISTRICT § AVLADELMAN, § § Defendant. § DALLAS COUNTY, TEXAS PLAINTIFF'S TRADITIONAL MOTION FOR PARTIAL SUMMARY JUDGMENT. TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Melissa Kingston (Plaintif” or “Kingston’) and files her Traditional Motion for Partial Summary Judgment and pursuant to Rule 168a of the Texas Rules of Civil Procedure, respectfuly moves the Court for partial summary Judgment as to Defendant’ lablity as follows: ‘SUMMARY OF RELIEF SOUGHT 1. Kingston seeks a partial summary judgment as to Defendant’ iabilty on the causes of action of misappropriation of name, Texas Theft Liability Act violation, iningement of common law mark, and Texas Ant-Diluion Act violation plead by Kingston, as well as a declaratory judgment and permanent injunction, Jeaving only the issue of damages to be determined at the time of tial au ‘Summary JupoMent EvioeNee 2 Thi Motion is supported by the following true and correct copies of Exhibits, which are incorporated by reference as if set forth fully herein: a, Exhibit ‘A. the deposition testimony of Defendant Avi Adelman; [BLAINTIFFS TRADITIONAL MOTION FOR PARTIAL SUMMARY JUDGMENT ~ Page 7 of 78b, Exhibit“A-1," emails sent from yoww.melissakingston, com; ¢. Exhibit’B,” Defendant's Responses to Plaintif's Expedited Discovery 4, Exhibit," the afidavit of Melissa Kingston ©. Exhibit “0-1 www.melissakingston.com registration; {. Exhibit *C-2," WakMarts actual sign @. Exhibit*C-3," Dallas Observer aticle regarding Defendant; h, Exhibit “C-4," threatening emails from Defendant; i. Exhibit"0," the partes’ Agreed Temporary Injunction; an. |. Exhibit"€;" Defendant’ affidavit dated October 14, 2012. I, FACTUAL BACKGROUND 3. Melissa Kingston is @ partner with the law firm of Friedman & Feiger, LLP. She has been licensed to practice law in the state of Texas since 1999. Kingston lives, in the Lower Greenville area of Dallas and has been an active volunteer on a variety of neighborhood issues and projects for the last ten years. Ex. C, affidavit of Melissa Kingston, #12. 4. Kingston volunteered in February of 2012 to represent § neighborhood groups ~ Lower Greenville Neighborhood Association, Vickery Place Neighborhood Association, Lowest Greenville West Neighborhood Association, Belmont Neighborhood Association and Greenland Hills Neighborhood Association — in their negotiations with WalMart regarding the new Wal-Mart Neighbothood Market grocery store Wel-Mart built at 2218 Greenvile Avenue in Dallas, Texas. These 5 neighborhood associations FBLAINTIFFS TRADITIONAL MOTION FOR PARTIAL SUMMARY JUDGMENT — Page? of 18represent all of the residents along Greenville Avenue from Mockingbird Lane south to Ross Avenue, Ex. C, affidavit of Kingston, 113 5. Defendant has lived in the Lower Greenville area for aver twenty years. He holds himself out as a neighborhood activist, and he maintains a website where he blogs about crime and other neighborhood events — www barkinadoas.com. Examples of his poste include drunk bar patrons peeing in residents’ yards and lambasts against city councilpersons, local residents and other neighborhood leaders. Ex. C, affidavit of Kingston, 14. 6. Defendant is a self-prociaimed vigilante-style neighborhood activist who more accurately resembles a neighborhood terrorist. He employs a militant style of conflict resolution and has a history of publically mocking and berating other nneighbothood leaders, including Kingston. Defendant maintains several websites and blogs that he uses as his tools for disrupting the good work others try to do for their community. Ex. C, affidavit of Kingston, 5. 7. Though Defendant likes to pretend that his is the voice of many, in reality, Defendant is not on any board of directors and is not an officer of any neighborhood association in the Lower Greenville area, In fact, he has been repeatedly denied ‘membership in neighborhood organizations due to his conduct. Nevertheless, because Defendant lives next to the new Wal-Mart, he has been particularly vocal to Kingston and other neighborhood leaders as well as Wal-Mart personnel about the constuction on that site, Ex. C, affidavit of M. Kingston, 16. 8. On or about September 6, 2012, WalMart installed parking lot lighting at its Greenville Avenue location. These lights were exceptionally bright and brought PLAINTIFFS TRADITIONAL MOTION FOR PARTIAL SUNIMARY JUDGMENT ~ Page 3 of 78