([KLELW,

Case 5:20-cv-00746-JKP Document 114-9 Filed 10/28/22 Page 1 of 14
214-747-8007

Gwendolyn Parker & Associates

Page 1

 UNITED STATES DISTRICT COURT

 WESTERN DISTRICT OF TEXAS

 SAN ANTONIO

MELODY JOY CANTU AND DR.

RODRIGO CANTU,

 Plaintiffs,

v. 5:20-CV-0746JKP-HJB

DR. SANDRA GUERRA AND DIGITAL

FORENSICS CORPORATION, LLC,

 Defendants.

 The Videotape Deposition of SANDRA GUERRA, taken

at the request of the Plaintiffs, before Truenea

Teasley, CSR in the State of Texas, pursuant to Federal

Rules of Civil Procedure, on Thursday, July 21, 2022,

from 10:02 a.m. to 1:30 p.m., at 755 East Mulberry

Avenue, Suite 250, San Antonio, Texas 78212, conducted

remotely.

Case 5:20-cv-00746-JKP Document 114-9 Filed 10/28/22 Page 2 of 14
214-747-8007

Gwendolyn Parker & Associates

Page 2

1 A P P E A R A N C E S

2 For the Plaintiffs (Remotely):

3 Tor Ekeland

 Tor Ekeland Law, PLLC

4 30 Wall Street, 8th Floor

 New York, New York 10005

5 tor@torekeland.com

6

7 For the Defendant (Remotely):

8 Brandy Peery

 Cedillo & Mendoza, Inc.

9 755 East Mulberry, Suite 250

 San Antonio, Texas 78212

10 beery@lawdcm.com

11 ALSO PRESENT:

12 Liz Kemp, Videographer

 Melody Cantu

13 Nicole Guitelman

14

15

16 I N D E X

17 WITNESS: PAGE

18 SANDRA GUERRA, M.D.

19 Examination by MR. EKELAND 4

20 CHANGES AND SIGNATURE PAGE 110

21 Certificate of Completion of Deposition 111

22

23

24

25

Case 5:20-cv-00746-JKP Document 114-9 Filed 10/28/22 Page 3 of 14
214-747-8007

Gwendolyn Parker & Associates

Page 3

1 EXHIBITS: DESCRIPTION PAGE

2 Exhibit A Notice of Deposition 5

3 Exhibit C Service Authorization Agreement 6

4 Exhibit D Wire Transfer 27

5 Exhibit E Phase I Report 27

6 Exhibit F Table of Messages 50

7 Exhibit J Motion for Enforcement 52

8 Exhibit N Letter Dated 06-01-2018 53

9 Exhibit I-A Investigation Report 58

10 Exhibit K-A E-mail 61

11 Exhibit M Police Report 63

12 Exhibit R News Article 70

13 Exhibit K Letter Dated 09-25-2019 77

14 Exhibit T Request for Production 79

15

16

17

18

19

20

21

22

23

24

25

Case 5:20-cv-00746-JKP Document 114-9 Filed 10/28/22 Page 4 of 14
214-747-8007

Gwendolyn Parker & Associates

Page 37

1 If we could go to the paragraph on the

2 bottom of the page.

3 A. I have read the statement.

4 Q. (BY MR. EKELAND) And you can see the first

5 sentence that says: DFC engineers acquired and

6 archived the client's LinkedIn and Facebook accounts.

7 Correct?

8 A. That is what the statement says.

9 Q. And do you have any reason to believe that

10 that statement isn't true?

11 MS. PEERY: Objection, form.

12 A. No.

13 No.

14 MR. EKELAND: We can go to page 16,

15 please.

16 Q. (BY MR. EKELAND) Directing your attention to

17 the sentence at the top of the page.

18 A. I have read the statement.

19 Q. And is it your understanding that DFC's

20 forensic examiners created some links for you?

21 MS. PEERY: Objection, form.

22 A. It is my understanding that DFC, per their

23 report, created some links.

24 Q. (BY MR. EKELAND) Is it your testimony that

25 they merely created the links for this report?

Case 5:20-cv-00746-JKP Document 114-9 Filed 10/28/22 Page 5 of 14
214-747-8007

Gwendolyn Parker & Associates

Page 38

1 MS. PEERY: Objection, form.

2 A. That is not my statement.

3 Q. (BY MR. EKELAND) What is your statement?

4 MS. PEERY: Form.

5 A. According to this report, links were created.

6 Q. (BY MR. EKELAND) Directing your attention to

7 the second bullet point on the page.

8 MR. EKELAND: If you would highlight

9 that, please.

10 A. I have read the statement.

11 Q. (BY MR. EKELAND) So you see how it says:

12 Each individual tracking URL captures IP address,

13 operating system, browser, screen resolution and hash

14 information for the device from which the tracking URL

15 is clicked.

16 Do you have any reason to believe that

17 that's not a true statement?

18 MS. PEERY: Objection, form.

19 A. I do not have any reason to believe that that

20 is not a true statement.

21 Q. (BY MR. EKELAND) As a matter of fact, it's

22 one of the things you were paying DFC $3,000 to do for

23 you. Correct?

24 MS. PEERY: Objection, form.

25 A. This was part of what they did in creating the

Case 5:20-cv-00746-JKP Document 114-9 Filed 10/28/22 Page 6 of 14
214-747-8007

Gwendolyn Parker & Associates

Page 39

1 report.

2 Q. (BY MR. EKELAND) So bringing your attention

3 to the second bullet point up from the bottom with the

4 lead word in bold "First."

5 MR. EKELAND: And if we could get it all

6 the way down to where it says CX_Sandra Guerra.

7 A. I have read the statement.

8 Q. (BY MR. EKELAND) Did you see on the bottom

9 where it says CX_Sandra_Guerra, and there's an

10 https://goo.gl/G5GE9Z?

11 Do you see that?

12 MS. PEERY: Objection, form.

13 A. Yes. You repeated it a little bit

14 incorrectly, but yes, I see what you're referring to.

15 You put an extra G in. But yes, I understand what

16 you're referring to.

17 Q. (BY MR. EKELAND) I defer to you and the text

18 on that.

19 Is it your testimony that that's -- you

20 never sent that link to Sandra Guerra -- Melody Joy

21 Cantu? Excuse me.

22 A. It is my testimony I did not send that link to

23 Melody Joy Cantu.

24 Q. (BY MR. EKELAND) Directing your attention to

25 the last bullet point.

Case 5:20-cv-00746-JKP Document 114-9 Filed 10/28/22 Page 7 of 14
214-747-8007

Gwendolyn Parker & Associates

Page 40

1 A. I have read the statement.

2 Q. Can you see how in the last sentence it says:

3 You need to send the URL to each suspect on whatever

4 platform, e-mail, social media, text message works best

5 for that subject.

6 Correct?

7 A. I see that. I see the text that is before me,

8 yes.

9 Q. And it's your testimony that you never did any

10 of that?

11 MS. PEERY: Objection, form.

12 A. That is correct.

13 MR. EKELAND: Directing -- if I could get

14 page 19 up.

15 And if we could highlight the client

16 directed tracking URLs section with the two links

17 underneath it.

18 A. I have read the statement in front of me.

19 Q. (BY MR. EKELAND) And so you see the phrase

20 "Client-directed tracking URLs." Correct?

21 A. I do see that.

22 Q. What's your understanding of that phrase?

23 MS. PEERY: Objection, form.

24 Q. (BY MR. EKELAND) You can answer.

25 A. I didn't write that statement. I can't

Case 5:20-cv-00746-JKP Document 114-9 Filed 10/28/22 Page 8 of 14
214-747-8007

Gwendolyn Parker & Associates

Page 41

1 interpret it.

2 Q. You see how underneath it, it says:

3 Melody_Cantu, and next to it it says https: and it's

4 followed by some other stuff.

5 Do you see that?

6 A. I do.

7 Q. And it's your testimony here today that you

8 never sent that link to either of the Cantus in any

9 way, shape or form.

10 A. That is correct.

11 Q. And do you see where it says Rodrigo_Cantu and

12 there's https: and the rest (indiscernible). It's your

13 testimony here today that you never sent that link out

14 to either of the Cantus. Correct?

15 A. That is correct.

16 MR. EKELAND: If we could now highlight

17 all the DFC directed tracking URL section.

18 A. I see the statement.

19 Q. (BY MR. EKELAND) And so you see the phrase

20 DFC directed tracking URLs.

21 Correct?

22 A. I do.

23 Q. What's your understanding of that phrase?

24 MS. PEERY: Objection, form.

25 Q. (BY MR. EKELAND) You can answer.

Case 5:20-cv-00746-JKP Document 114-9 Filed 10/28/22 Page 9 of 14
214-747-8007

Gwendolyn Parker & Associates

Page 42

1 A. I didn't write it so I'm not going to

2 speculate what it means.

3 Q. And so you see underneath it where it says

4 Melody_Joy_from_Teresa and everything that follows in

5 that line?

6 A. Yes, I do see it.

7 Q. And it's your testimony here today that that

8 link that starts with the https you never sent to

9 either of the Cantus in any way, shape or form.

10 MS. PEERY: Objection.

11 A. That is accurate.

12 Q. (BY MR. EKELAND) And directing your attention

13 to the next line, it's Dr.Cantu_from_Melissa, followed

14 by a hypertense link -- hypertense link https.

15 It's your testimony here today that you

16 never sent that link to plaintiffs in any way, shape or

17 form.

18 MS. PEERY: Objection, form.

19 A. That is correct.

20 Q. (BY MR. EKELAND) And directing your attention

21 to the Melody_Joy_via_Phone and the link that follows

22 that, is it your testimony here today that you never

23 sent that in any way, shape or form to the plaintiff?

24 MS. PEERY: Objection, form.

25 A. That is correct.

Case 5:20-cv-00746-JKP Document 114-9 Filed 10/28/22 Page 10 of 14
214-747-8007

Gwendolyn Parker & Associates

Page 43

1 MR. EKELAND: If we could go to the first

2 bullet point in the box in the bottom of this page

3 right under important.

4 Q. (BY MR. EKELAND) Can you let me know when

5 you're done reading.

6 A. I have read the statement.

7 Q. And so you've never ever notified DFC that you

8 sent out tracking URLs to the Cantus. Correct?

9 A. That is correct.

10 MR. EKELAND: If you could go to page 21,

11 please.

12 Q. (BY MR. EKELAND) And if we could look at

13 the -- you can see the whole thing.

14 Do you see the tracking link up at the

15 top where it says Melody_Joy_via_Phone?

16 A. I do see that.

17 Q. And that's one of the DFC directed links we

18 just looked at. Correct?

19 MS. PEERY: Objection, form.

20 A. I assume that it is. I do not --

21 Q. (BY MR. EKELAND) We can match them so I'm not

22 worried about it.

23 And underneath you see --

24 MS. PEERY: Form.

25 Q. (BY MR. EKELAND) -- a table that says first

Case 5:20-cv-00746-JKP Document 114-9 Filed 10/28/22 Page 11 of 14
214-747-8007

Gwendolyn Parker & Associates

Page 110

1 CHANGES AND SIGNATURE

2 PAGE LINE CHANGE REASON FOR CHANGE

3

4

5

6

7

8

9

10

11

12

13

14

15 I, SANDRA GUERRA, have read the foregoing

16 deposition and hereby affix my signature that same is

17 true and correct, except as noted herein.

18

19 ___________________________

 SANDRA GUERRA

20

 SUBSCRIBED AND SWORN TO before me this the

21

_________ day of __________________, 2022.

22

 SEAL:

23

___________________________

24 NOTARY PUBLIC

EXPIRES:___________________

25

Case 5:20-cv-00746-JKP Document 114-9 Filed 10/28/22 Page 12 of 14
214-747-8007

Gwendolyn Parker & Associates

Page 111

1 UNITED STATES DISTRICT COURT

2 WESTERN DISTRICT OF TEXAS

3 SAN ANTONIO

4

5 MELODY JOY CANTU AND DR.

RODRIGO CANTU,

6

 Plaintiffs,

7

v. 5:20-CV-0746JKP-HJB

8

DR. SANDRA GUERRA AND DIGITAL

9 FORENSICS CORPORATION, LLC,

10 Defendants.

11

12 CERTIFICATE OF COMPLETION OF DEPOSITION

13 I, TRUENEA TEASLEY, CSR #8719, DO HEREBY CERTIFY

that on July 21, 2022, the deposition of Sandra Guerra,

14 M.D., was taken before me at the request of, and sealed

original thereof retained by:

15

16 For the Plaintiffs (Remotely):

 Tor Ekeland

17 Tor Ekeland Law, PLLC

 30 Wall Street, 8th Floor

18 New York, New York 10005

 tor@torekeland.com

19

 I FURTHER CERTIFY that copies of this certificate

20 have been mailed to or delivered to all counsel, and

parties to the proceedings not represented by counsel,

21 appearing at the taking of the deposition:

22 For the Defendant (Remotely):

 Brandy Peery

23 Cedillo & Mendoza, Inc.

 755 East Mulberry, Suite 250

24 San Antonio, Texas 78212

 beery@lawdcm.com

25

Case 5:20-cv-00746-JKP Document 114-9 Filed 10/28/22 Page 13 of 14
214-747-8007

Gwendolyn Parker & Associates

Page 112

1 I FURTHER CERTIFY that examination of this

transcript and signature of the witness was reserved by

2 the witness and all parties present. On

___________________, 2022, a letter was mailed or

3 delivered to Ms. Brandy Peery regarding obtaining

signature of the witness, and corrections, if any, were

4 appended to the original and each copy of this

deposition.

5

6 I FURTHER CERTIFY that the cost of the original

and one copy of the deposition, including exhibits, to

7 Mr. Tor Ekeland, is $___________.

8

9 I FURTHER CERTIFY that I did administer the oath

to the witness herein prior to the taking of this

10 deposition; that I did thereafter report in

stenographic shorthand the questions and answers set

11 forth herein, and the foregoing is a true and correct

transcript of the proceeding had upon the taking of

12 this deposition to the best of my ability.

13

14 I FURTHER CERTIFY that I am neither employed by

nor related to any of the parties or attorneys in this

15 case, and that I have no interest in the final

disposition of this case in any court.

16

17

18 ____________________________

 TRUENEA TEASLEY, CSR/RPR/CCR

19 CSR No. 8719

 License Expires: 09-30-2022

20

21

22

23

24

25

Case 5:20-cv-00746-JKP Document 114-9 Filed 10/28/22 Page 14 of 14