Filing 27051163 E?Filed 05/08/2015 09:58:26 AM Exhibit 6 t0 the Af?davit of Alia L. Smith FILED 5/8/2015 9:58:25 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 1 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA Case NO. 12012447C1w011 TERRY GENE BOLLEA professionally known as HULK HOGAN, Plaimtiff, VS. EEATHER CLEM, GAWKER MEDIA, LLC a/k/a GAWKER MEDIA, GAWKER MEDIA GROUP, INC. a/k/a GAWKER MEDIA, GAWKER ENTERTAINMENT, LLC, GAWKER TECHNOLOGY, LLC, GANKER SALES, LLC, NICK DENTON, A.J. DAULERIO, KATE BENNERT and ELOGNIRE HUNGARY SZELLEMI ALKOTAST HASZNOSITO KFT a/k/a GAWKER MEDIA, Defendants. CONFIDENTIAL PORTION INCLUDED VIDEOTAPED DEPOSITION OF ALBERT JAMES DAULERIO New York, New York 2013 Monday, September 30, Reported by: Toni Allegrucci JOB NO. 337256 ESQUIRE 800.211.DEPO (3376) EsquireSo/utions.com 0'1 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 2 September 30, 2013 10:58 a.m. Videotaped Deposition of ALBERT JAMES DAULERIO, held at the offices of Esquire Deposition Solutions 1384 Broadway, New York, New York 10018 pursuant to Notice, before Toni Allegrucci, a Notary Public of the State of New York. I I ESQUIRE 800.211.DEPO (3376) EsquireSo/utions.com 4 01 ALBERT JAMES DAULERIO Confidential Portion Included September 30, 2013 800.211.DEPO (3376) EsquireSo/utions.com BOLLEA vs. CLEM 3 A A A S: HARDER MIRELL ABRAMS, LLP Attorneys for Plaintiff 1801 Avenue of the Stars Ste. 1120 Los Angeles, California 90067 BY: DOUGLAS E. MIRELL, ESQ. (424) 203?1603 dmirell@hmafirm.oom LEVINE SULLIVAN KOCH SCHULZ, LLP Attorneys for Defendants 1899 Street Ste. 200 Washington, 0.0. 20036 BY: SETH D. BERLIN, ESQ. (202) 508-1122 sberlin@1skslaw.oom BY: ALIA L. SMITH, ESQ. asmith@1skslaw.com ALSO PRESENT: ANDREW RITCHIE, Videographer HEATHER L. DIETRICK, Counsel, Gawker Media ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM 22 September 30, 2013 A.J. Daulerio It was a combination of both. Q. Okay. And why did you leave Philadelphia Magazine? A. I went back to Deadspin to work full?time as a staff writer around, I believe, late 2007, maybe early 2008. Q. Okay. And what did you do as a staff writer at Deadspin? A. I did various stories about sports and sports culture. Q. Okay. And Deadspin is one of the Gawker Media websites, correct? A. Yes. Q. And how long did you stay as a staff writer? A. I believe six or seven months. Q. And then what was your next job? A. Editor in chief of Deadspin. Q. And when did you assume that role? A. Around June of 2008, I believe. Q. Incidentally, when you were a staff writer at Deadspin did you receive compensation based upon page views? A. Yes. 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM 23 September 30, 2013 A.J. Daulerio Q. Okay. And you did as well when you were editor in chief, correct? A. At that time I don?t recall. Q. Okay. We'll come back. All right. And how long did you remain as editor in chief of Deadspin? A. Up until November of 2011. Q. Okay. And during that time were you writing for any of the other websites of Gawker Media? A. I probably contributed a post or two here and there throughout the years, but nothing that I was compensated for. Q. Okay. All right. And then you left Deadspin in November of 2011? A. Yes. Q. Why? A. I was about to take another job with another publication. Q. And what was that? A. Animal New York, A?n, you know, Animal NY. Q. Okay. What kind of publication is 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 24 A.J. Daulerio that? magazine which is now online. Q. Was it at the time? A. It was online and it is, print originally. be editor of Gawker.com. wanted to Gawker.com? answer that? responsibilities as editor? A. Oversee the staff, hiring, story planning, A. It's a street art and culture was in Q. Okay. At the time you joined was it, was it wholly online or A. Yes. Q. or was it in print. A. But I never took that job. Q. Oh, okay. Why not? A. Because Nick Denton asked me if I Q. And when did he do that? A. About November 2001. Q. And what was your job as editor of A. Can you how would you like me to Q. Can you tell me what were your interacting with other parts firing, ESQUIRE 800.211.DEPO (3376) EsquireSo/utions.com 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM 25 September 30, 2013 A.J. Daulerio of the company, writing, editing. Q. Okay. Editors at Gawker.com did not only edit they write as well, correct? A. Yes, some. Q. And okay, well, can you well, let me ask you this. How long did you serve as editor of Gawker.com? A. Up until January of 2013. Q. And within that period of time, what percentage of your time was spent writing would you estimate? A. Estimate less than ten. Q. Were there any particular stories you wrote during that period of time that you are particularly proud of? A. Nothing springs to mind. Q. All right. And why did you leave Gawker.com in January of 2013? A. Because I was had fulfilled my year at Gawker and I thought the site was in very good shape and wanted to go out and do other things. Q. Had you made a specific commitment to remain for only a year as editor? 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE U?l ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 26 A.J. Daulerio A. I did not. Q. Okay. Why, why did you feel you fulfilled your year then? Did you in mind unexpressed that you would only remain there for a year? A. No. Q. Okay. Is there a reason why felt that a year was enough? A. I thought the site was in goo shape and I was in good standing with and had been with th boss, Nick Denton, company for, you know, off and on for a five years and wanted to go out on a go note. Q. Okay. Then what did you do a you left Gawker.com? A. I freelanced a little bit for Gawker and then I was consulting for SpinMedia. Q. Starting when? A. March of 2013, late March. Q. Are you still consulting for SpinMedia or do you A. No, I'm full-time. that have you lmost od fter ESQUIRE 800.211.DEPO (3376) EsquireSo/utions.com 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM 27 September 30, 2013 A.J. Daulerio Q. Okay. When did that begin? A. Full?time began the first week in September. Q. And what is SpinMedia? A. SpinMedia is a publishing company that serves mostly online publications, but did recently acquire Vibe Magazine, which I believe is still in print circulation. Q. What's your title at SpinMedia right now? A. Editorial director. Q. What are your responsibilities as editorial director? A. To overhaul the editorial direction of some of the properties that they have. Q. And other than Vibe what other properties does SpinMedia have? A. Spin Magazine, it's a site called the Frisky, and a site called Celebuzz and those are the ones that are my primary focus. Q. Okay. At the time you left Gawker.com what was your compensation? MR. BERLIN: Let me just object. You can go ahead and answer. 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 87 A.J. Daulerio recollection. A. My best recollection is I don know what the stories were at the time was Gawker.com editor, what were the mo heavily trafficked or if it had anythin do with sex. Q. Is your answer the same about stories that appeared on Deadspin when were its editor in chief? A. Yes. Q. Okay. In 2009, do you recall Gawker Media publishing a story that po link to Erin Andrews peephole video? A. Yes. Q. And as best you recall, that video about? A. Referring to the video itself Q. Yeah. A. The video was of Erin Andrews illegally taped by a person through a peephole. Q. Okay. Did you speak to anyon before posting the link to that video? A. 't that I st to you sted a what was being I didn't post actually a link to ESQUIRE 800.211.DEPO (3376) EsquireSo/utions.com 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM 88 September 30, 2013 A.J. Daulerio the video, I posted to the site that at one point posted the link to the video. Q. Okay. Did you speak to anyone before doing so? A. Posting a link to the site that Q. Yeah. A. Yes, the proprietor of the site. Q. Did you speak to anyone internally at Gawker Media about doing so? A. I did not. Q. That includes Ms. A. Yeah, I don't recall. Q. You don't recall speaking to her before post A. I don't recall speaking to her about that. Q. Okay. Were you asked to sign any documents in connection with taking responsibility for posting that link? A. NO. Q. Did it matter to you in connection with posting that link that Ms. Andrews did not want the video to be publicly seen? A. Yes, but I wasn't posting a video. 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA vs. CLEM 112 September 30, 2013 A.J. Daulerio you can recall, similar to that? A. Not that I can recall, no. Q. And by similar to that, I mean instances where you and Mr. Denton disagreed about what was publishable and what shouldn?t be published? A. Nothing specifically, no. Q. And the Hulk Hogan sex tape video story was not one of those about which you disagreed about publishability? A. No, I don't believe we even had a conversation about it until after the fact. Q. Okay. When did you first hear about the Hulk Hogan sex video? A. I believe it was when it was a story on TMZ, on TMZ. Q. And when did that story appear? A. That, I don't know. Q. Did the story indicate that there was a sex video or do you recall the substance of the story on A. Yeah, I believe it was discussing about the existence of a sex video. Q. When -- what did you do when you 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA vs. CLEM 114 September 30, 2013 A.J. Daulerio had a subsequent follow?up phone call, as to which he hinted that the, the contents of that package that he wanted to mail to me had something to do with the Hulk Hogan sex tape that had been talked about on TMZ and other sites. Q. Okay. What happened then after that? A. I don't recall the exact details, but there was a follow?up and I had given him my address, or, the Gawker Media address at work, and depending on the time frame, and I don't remember exact timing of it, but I was going on vacation, and I believe the package arrived while I was on vacation and I had asked the managing editor to view the contents of that package. Q. And the managing editor being? A. Emma CarmichaelYes. Q. Did she report back to you? A. Yes, via text message. Q. What did she say? 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 115 A.J. Daulerio A. I don't remember the exact phrasing of it Q. What was the substance? A. I believe she said thank you. Q. Thank you to you? A. Yes. Q. For what? A. For her next few minutes of viewing the sex tape. Q. Did she View the sex tape while you were out of the office on vacation? A. Yes. Q. And then did she report back to you about what the tape contained? A. Briefly. But I mean it was, it was, you know, the general gist of it. I mean, I think that's what she reported back was the general gist of it. I don't know how long she watched the tape, or the disk, sorry, I guess that's what it was at that point. Q. It was a A. Yes. Q. And where were you on vacation at ESQUIRE 800.211.DEPO (3376) EsquireSo/utions.com 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA vs. CLEM 116 September 30, 2013 A.J. Daulerio the time? A. I was on the west coast. I was at both Portland, Montana and Seattle. Q. And during what time frame is that? A. I believe it was the end of September, it was about last year at this time. Q. And do you recall when you returned to New York? A. Not the exact date. Q. Roughly? A. I would say early October. Q. And what did you do when you returned to New York with respect to this DVD that you now had in your possession? A. I watched it and watched it one or two times and then, then decided whether or not we were going to publish some of the contents of it, and was discussing how we could possibly share some of the footage on Gawker.com. Q. Let me just stop you there. I appreciate the narrative and I want to go back to it but let me ask you this. With 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 118 A.J. Daulerio A. No. Q. This was not a tape that aired, that was published on Deadspin? A. No, it was published on Gawker.com. Q. Do you know who the author of the article was? A. I don't. Q. All right. So back to the Hulk Hogan sex tape. You made the determination that you wanted to publish at least some portion of it? A. Yes. Q. Okay. Then what did you do? A. Then I turned the tape and/or disk over to our video editor and, you know, selected various spots of the tape that I considered both newsworthy in the context of our story and had her twiddle it down to whatever the time frame was, I believe it was close to two minutes of footage. Q. Okay. Then what? A. Then there was probably a back and forth about the footage, and then I was going to write the commentary about both the Hogan 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 119 A.J. Daulerio tape and celebrity sex tapes in general for that commentary. Q. All right. there having been a well, video editor, who was that at the time? A. It was Kate Bennert. Q. Was Ms. Eric Dane sex tape? new hire at the time? A. having had her do two sets of edits, longer one and one a shorter one that ultimately was uploaded onto the site? versions? A. We usually go through a simpl using the Hogan tape as kind of the catalyst And then do you recall let me go back. You said you turned the disc over to your Bennert involved in the A. No, she was not employed there at the time. Q. She was a new hire, a relatively Relatively new hire at the time. Q. And do you have a recollection of one a A. Yeah, I believe there were a couple different versions based on length. Q. And why were there two different and ESQUIRE 800.211.DEPO (3376) EsquireSo/utions.com 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA vs. CLEM 120 September 30, 2013 A.J. Daulerio editing process of any tape, even not of a sex tape nature, just based on what we think the readers will, like, devote enough time to and to just give a in regard to this it was just to give a brief overview of the content to both verify its existence and to also just tie into the commentary. Q. Okay. So what did you want to be sure to include within the edited version that was ultimately published? A. You know, some of the innocuous back and forth between Hulk and the woman in the tape that was supposed to be Heather Clem, his best friend's wife at the time, and some of the substance of that conversation in showing how not sexy it was. Q. Okay. Anything else other than innocuous back and forth that you wanted your readers to see? A. Yeah. Well, we wanted to verify the fact that they were actually having sex, so I believe we did small snippets of those two having intercourse. Q. Anything else you wanted to be sure 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA vs. CLEM 122 September 30, 2013 A.J. Daulerio Q. Is the same true with respect to showing the actual sex act between Heather Clem and Hulk Hogan? A. That, you know, as I previously stated, was done to actually show that they were having sex in regard to the sex tape that had already been talked about publicly at that point. Q. Right. 80 it was a matter of public record already prior to your publication of this story that, that there was a sex tape and that the two had been having sex, correct? A. I believe that, you know, Hulk Hogan had verified that there was a sex tape in existence and that it was published on TMZ. Who it was with, that I found out, you know, later was discussed publicly and that it was just based on some of the rumors about whether or not it was Bubba the Love Sponge?s wife, Heather Clem. Q. Right. But the fact of them having sex was a matter of public record. The fact that he had -- that there was this sex tape 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 4 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 123 A.J. Daulerio and that he was having sex with someone MR. BERLIN: Objection. A. Yeah. Q. -- was a matter of public record at the time? MR. BERLIN: Let me object. Object, asked and answered. You can answer the question. A. Yes, based on my understanding of public record and its news value. Q. Right. But, but that fact was not newsworthy, that was, that was already a known fact, correct? A. Well, it was MR. BERLIN: Let me object. Objection, that's already been asked and answered. It's argumentative and it calls for a legal conclusion. To the extent that you want to answer based on your understanding please go ahead and do so. A. Yeah, based on my understanding the was out existence of the sex tape, you know, there, the actual contents of that sex tape 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 124 A.J. Daulerio were not out there and this was the best way of at least giving, showing some of that. Q. Yeah, so that's what I?m sort of getting at. I mean, what, what did you regard as newsworthy about the sex tape that wasn't already known and that was shown by having the sex tape posted as opposed to simply your description of what was A. Right. Q. contained? MR. BERLIN: Same objection. Sorry, same objection. You can answer. A. You know, that's really done by a story by story basis. But, you know, at the time I was thinking that as we can show some of the sex that was taking place it would give a little more insight into the stuff that was already in the pUblic record and also show some inconsistencies in what Hulk had stated publicly and what there was as visual evidence. Q. Okay. Well, was there anything that was added to the store of public knowledge about those subjects by uploading 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 136 A.J. Daulerio record can be clear on this subject, I think the reference to April 25 at the top and bottom of page 9 is meant to be 2013 rather than 2012. A. Yeah. MR. BERLIN: That is correct. Q. Okay. All right. MR. BERLIN: In fact it says it. MR. MIRELL: Okay. Q. That's no make no mind about that. Just so we're clear on the record and everybody is on the same page A. Okay. Q. -- literally and figuratively. All rightcouple of follow-up questions about this. Who at Gawker did Tony Burton initially contact? A. That was methat? A. Via e?mail. Q. And do you recall what he said in that e?mail? A. Not specifically other than that he ESQUIRE 800.211.DEPO (3376) EsquireSo/utions.com 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM 139 September 30, 2013 A.J. Daulerio A. No. Q. And did you respond to him? A. I did. Q. And what did you say? A. I believe I asked what it was about or could he give me any idea what was being sent. Q. And what was the response from Mr. Burton? A. I believe then we had a phone conversation after that. Q. Okay. What was discussed during that phone conversation? A. It was discussed about whether or not I was familiar with the Hulk Hogan sex tape story. Q. Okay. And what did you say? A. I said I remember vaguely about it, but nothing too specific. Q. And when was this e?mail received, or strike that. When was, when was the conversation you had with him? A. I'd say soon after the e-mail, so I 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 158 A.J. Daulerio exchange for publishing the videotape? A. No. Q. Did you feel obligated in any way to the source of this sex tape? A. Not knowing who the source was exactly, no. Q. Had they had you known who the source was would you have felt any sort of obligation toward that individual? A. NO. Q. By publishing the story that you did, we previously discussed this part of Exhibit 7, did you was this something that you were excited about publishing? A. This particular story? Q. Um?hm. A. The original story? Q. Yes. A. I was very enthusiastic about writing about it, yes. Q. And why was that? A. Because I enjoyed watching the video. Q. Okay. And the reason you enjoyed 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM 159 September 30, 2013 A.J. Daulerio it? A. Because I found it very amusing. Q. Any other reason? A. I thought it was newsworthy and it was something that was worth discussing and putting up on the site. Q. Did you believe that publishing the video would generate traffic to the site? A. I believed that it would be somewhat popular, yes. Q. Was it? A. Eventually. Q. I?m sorry, your answer eventually? A. Eventually, yes. Q. Why do you say eventually? A. Because initially I don't think it was one of the top stories on the site. And I was curious as to actually why that was the case and then it became a lot more popular a couple days afterwards. Q. Do you know what caused that? A. I believe it became national news at that point. And Hulk Hogan was doing a very good job promoting it. 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 181 A.J. Daulerio Q. In reference to stories posted on the internet? A. Not specifically, no. Q. Okay. Well, let's put it this way. What would be the opposite of an NSFW story, would you have a term for it or have you ever coined or used a term for it? A. Not to my knowledge. Q. Was any consideration ever given to running a story about the Hulk Hogan sex tape without using any of the video footage? MR. BERLIN: Objection. You can answer. Without any of the video footage? Correct? Not to my knowledge. Why not? 10 IO Just first time writing about the story was when we received the tape so the tape was actually part of the story. Q. That's what made the story an exclusive for you, right? A. Yes. Q. And nobody had aired the tape 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA vs. CLEM 182 September 30, 2013 A.J. Daulerio itself before your story, correct? A. Not to my knowledge. Q. And so what you wanted to do is to run the NSFW footage, that was the whole point of the story, correct? MR. BERLIN: Objection. You can go ahead and answer. A. Okay. No, the whole point of the story was to, A, prove its existence and, B, for me to commentate on what I witnessed of that tape. Q. But you never considered running a story with just your commentary? MR. BERLIN: Objection, asked and answered. You can answer. A. The story as it pertains to this tape, no. Q. Okay. And if you had done that the number of page views and unique visitors would have been far less than what it actually was, correct? MR. BERLIN: Objection, calls for speculation. You can answer if you can. 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 207 Q. A. Q. have your, appear on A. Q. A. 310. Q. A. Q. everything went, prior to October 4, A.J. Daulerio horribly wrong during such sex tape. Okay. Would you be distresse the publication of a sex tape even if right? No. It wouldn't upset you in any way to to have your sexual encounte the internet? I somewhat expect that to happen at some point. And that would not be upsetting or distressing to you in any way? Not probably as much as other people who would be in a similar situation, Did you give any consideratio 2012 as to whether publishing the Hulk Hogan sex tape would distress Hulk Hogan? No. You didn't care really, No. MR. BERLIN: Objection. You can answer the question. did you? by IS 171 ESQUIRE 800.211.DEPO (3376) EsquireSo/utions.com 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 208 A.J. Daulerio A. No. Q. Okay. Had you known that Hulk Hogan would be emotionally distressed by this publication you would have still published it, correct? MR. BERLIN: Objection. You can answer the question. A. Sure, yes. Q. So it?s fair to say that whether he suffered emotional distress or not that played no part in your decision about whether and what to publish? A. Correct. Q. Is it your View that any celebrity sex tape is newsworthy? A. No. Q. What sort of celebrity sex tapes would not be newsworthy? A. I couldn't say specifically. Q. Well, can you imagine a situation where a celebrity sex tape would not be newsworthy? calls for MR. BERLIN: Objection, speculation, but you can answer. 800.211.DEPO (3376) U?l ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM 209 September 30, 2013 A.J. Daulerio A. If they were a child. Q. Under what age? A. Four. Q. No four-year-old sex tapes, okay. Let me ask you about this. What about a celebrity who says, look, I cheat on my wife all the time, there are lots of sex tapes of me out there, would that be newsworthy? A. It depends on the celebrity again. Q. Okay. So which celebrities, for which celebrities would it be newsworthy and/or what kinds of celebrities would it be newsworthy for and what would it not be newsworthy for? MR. BERLIN: Objection, calls for speculation, but you can answer if you can. A. Yeah, I really can't answer specifically. It would be on a story?by?story basis just like everything else, it's either newsworthy or not. Q. Let's run through a couple of hypotheticals here. What if it was a celebrity sex tape featuring Hulk Hogan and 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 210 A.J. Daulerio his wife Linda, would that have been newsworthy? MR. BERLIN: Objection, calls for speculation. You can answer. A. So if I were editor of Gawker at the time -- Q. Sure. A. and a sex tape of Hulk and his wife Linda? Q. Yes. A. Ex?wife Linda. I guess, yeah, I don't know. But I don't know, not sure. Q. Does it matter if the celebrity is cheating? A. No, not necessarily. Q. Does it matter if the celebrity is a hypocrite? A. I mean, I think that is in some way makes it a little more newsworthy, sure. Q. Well, what about a Miley what about this name, Miley Cyrus sex tape with a boyfriend, would that be newsworthy? MR. BERLIN: Objection, calls for speculation. You can answer it. 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 211 A.J. Daulerio A. Was she under four at the time of the sex tape? Q. No, her current today. Assume, assume that this was a sex tape taken last night and you are still editor of, editor in chief of Gawker? calls for MR. BERLIN: Objection, speculation. Go ahead and answer if you can. A. I would review the tape and then judge it accordingly based on what was on the tape, if whether or not it was newsworthy. Q. What would, what would be the criteria you would use to determine whether it was newsworthy or not? A. I've MR. BERLIN: Let me just object. Objection. This is a whole line of hypothetical questions that are calling for speculation, but you may answer. MR. MIRELL: I'll give you a standing objection if you like for this line. MR. BERLIN: I'm going to listen 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 215 A.J. Daulerio its existence and then my own personal Heather Clem. Q. Okay. that. of his own, that as hypocrisy, correct? MR. BERLIN: go ahead, answer it. A. If, report about, sure. Q. Okay. And that conduct is was made? A. Between? justified it being newsworthy to begin with and its newsworthiness at that point was both with the existence of the tape and verifying commentary about celebrity sex tapes and the one in particular involving Hulk Hogan and If Hulk Hogan had strike If the Hulk Hogan sex tape had not existed, but Hulk Hogan had talked about his wife's infidelity while he was having affairs you could have reported about Let me object on the basis that it calls for speculation, if that was something that I wanted to report about or wanted the site to hypocritical whether or not a sex tape ever but ESQUIRE 800.211.DEPO (3376) EsquireSo/utions.com a 4 a 01 ALBERT JAMES DAULERIO Confidential Portion Included BOLLEA VS. CLEM September 30, 2013 254 I I A STATE OF NEW YORK ss. COUNTY OF NEW YORK I, Toni Allegrucci, a Notary Public within and for the State of New York, do hereby certify: That ALBERT JAMES DAULERIO, the witness whose deposition is hereinbefore set forth, was duly sworn by me and that such deposition is a true record of the testimony given by the witness. I further certify that I am not related to any of the parties to this action by blood or marriage, and that I am in no way interested in the outcome of this matter. I have hereunto IN WITNESS WHEREOF, set my hand this 9th day of October, 2013. TONI ALLEGRUCCI 800.211.DEPO (3376) EsquireSo/utions.com ESQUIRE