Free Notice Regarding Exhibit Attachment - District Court of California - California

Case 3:08-cv-00443-BEN-POR

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Filed 08/04/2008

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9nj. Mario Ricara'o Sáina Nolaxo. Perito en Jncen4oq ZpSt

La Paz, Baja California Sur, April 21, 2008. Sr. Arsenio Farell Campa. Owner of the vessel "MI BARUR" The undersigned expert in fire and explosions renders the following: REPORT I.- Exposition of the problem. To determine the causes and origin of the fire occurred in the vessel named "Ml BARUR" at approximately the 09:30 hours, in October 20, 2007. H.- VESSEL INFORMATION. Name ofthe vessel: "MI BARUR". Manufacturer: HATTERAS. Length: 92 PIES. Model: MOTOR DEL YATE 92. Year: 1990. Documentation HIN: HATDT3OI199O NUMERO OFICIAL DE EUA 975461. Material of the hull: FIBRA DE VIDRIO REFORZADO. Type of the!: DIESEL. Color: BLANCO CON FRANJA AZUL. III.- TECWMICAL INSPECTION OF THE VESSEL "MI BARUR". Site of the investigation. Standing in the city of La Paz Baja California Sur, Mexico, in the dockyard Abaroa, in Abril 07, 2008, I had in sight the debris of the vessel named "MI BARUR", of which, at first sight, I observed damages caused by fire; the vessel was extracted from the sea on this date in order to realize this technical examination.

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Mario Rjcario Sac.na Nolasco. cerito en 9ncendwy Zqhi*vs.

External inspection. In the first previous walking around the vessel, I observed that the upper part of the vessel disappeared, when observing the vessel from the starboard right side it was observed that the central part shows the greatest damages caused by fire and that the prow-side portholes show signs of smoke, while walking around it, when seeing the vessel from the por side left side they were observed signs of smoke in the portholes of the prow, as well in its central part, as the walking continued, when arriving to the stern rear part I observed damages caused by fire in the upper part see photographs 1,2 and 3.

rntograph number 1.- Starboard right side ofthe vessel.

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Jnj. Mario `Rfcarb SaUina Nolasco. Perito en 9nceniosy Zploi*'oi

.ngraph number 2.- Port left side of the vessel.

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9. Mario Ricarlo Sa,na Nolasco. Perito en 9ncenJwy Zp6iivw

fhotograph number 3.- Stern Rear part of the vessel Inside inspection. When I had access to the inside of the vessel through a stairway, I had a general view from the highest point, confirming the vanishing of the upper part of the vessel, as well as observing the total damages caused by the fire and observing that the in the internal part of the vessel may remnants and debris spread all over exists, observing the greater concentration of these debris in the middle part of the vessel to the port left side where it was located the crew's lounge see Photographs 4,5, 6 and the location in the vessel's scheme.

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Jng. Mario Ricarlo Sa,fia Noco. Perith en 9ncenJosy 2piu*'w.

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Photograph number 4.- General view from the Prow front side.

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!Ing. Mario cQ.jcarh Saina Nhsco. Perito en 9neenafosy $sisvL

Photograph number 5.- General view from the Stern rear side.

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9ny. Mario tRlcarb Sasc4na Nolasco. `Per/to en JncenyZ$JitvL

Photograph number 6.- Concentration of debris in the crew's lounge see the location in the vessel's scheme. In the beginning of the technical inspection from the Prow it was observed that the front part of the prow is semi-complete, displaying a burnt pattern from stem to prow from rear to front and which shows greater damages caused by fire in the port side left side of the vessel see photograph 7.

Photograph number 7.- They are observed greater damages in the port side left side with a fire direction from stern to prow from rear to front.

Standing in the area where the captain's cabin were, which were located in the prow side front part at starboard right side, I observed the existence of debris from the deck's upper-right-side see photograph 8.
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Mario Ricartlo Sa&ana Nolasco. `Per/to en JncenAosj Z*plàsivos.

Photograph number 8.- They are observed debris from deck's starboard side right side.

The starboard's portholes right side in their frames show carbonization, that the central post which serves as support to divide the area of the showers of the captain's cabin with the crew's cabin, shows a burnt pattern from top to bottom with a fire direction from port to starboard from left to right finding in its right side debris of a door and a wall that divide the showers and bathroom areas, these door and wall show the greater damages caused by fire in their upper part obeying the burnt pattern from top to bottom with a fire direction from port to starboard from left to right, observing that the base of the door is complete and the absence of the bathroom furniture.

Continuing my intervention, it was observed the absence ofthe door which divides the bathroom area and the cabin, as well as the wall which divides the crew's cabin and the captain's cabin, where wardrobes

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9ng. Mario tPjcarh Sa&htha Nolasco. `Per/to en 9ncenJos" Z$siwE.

existed, observing in the bottom part of this area, rest of the bases of these walls, as well as rests of the base of the bedroom. While inspecting the carpet it was found that the carpet does not show damages caused by fire, being free of any damage caused by fire, later it was observed over the floor of the corner formed by the stairway a mark or sign of a square form of a refrigerator type furniture see photographs 9 and 10

[Phiotograph number 9.- Door located between the area of showers and the bathroom of the captain's cabin, its base is complete, in the bathroom area it can be observed the absence of furniture.

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9n9, Mario PJcara'o Sshina Noasco. tPerito en 9nceniosy poit

Photograph number 10.- The carpet of the captain's cabin does not show damages caused by fire right side.

Standing in the aisle located between the cabins of the crew and the captain, it was observed that the carpet shows damages caused by fire with a direction from stern to prow from rear to front and from port to starboard from left to right, later it was found over the floor the mark or sign of a square form of a freezer type furniture see photograph 11.

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Mario Ricanlo Sa4tha Nolasco. `Perito en %cenafoyj Zplos/üot

Photograph number 11.- Over the aisle which divides the cabins of the crew and the captain shows damages caused by fire with a port to starboard direction from left to right.

Standing in the area where the crew's cabin were located it was observed that such area does not show deck's debris, what indicates that the port side left side of the vessel was more exposed to the fire, that in the frames of its portholes show signs of carbonization, that it was observed the absence of the wall and the door that divide the showers and the bathroom areas, where in the base of the door can be seen greater carbonization than in the base of the door of the shower of the captain's cabin see photograph 12.

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9nj. Mario Ticarb Safhna Nolasco. `Per/to en %cen4y ZpIoiiwis.

Photograph number 12.- It can be seen greater damages caused by fire in the base of the door of the shower of the crew's cabin than in the base of the door ofthe shower of the captain's cabin.

Seeing in this place the absence of bathroom furniture, continuing my intervention it was observed the absence of the door that divides the bathroom and the cabin areas, as well as the wall that divides the captain's cabin and the crew's cabin where a wardrobe existed, observing that the carpet shows damages caused by fire with a burnt pattern from stem to prow from rear to front with a fire direction from port to starboard from left to right see photographs 13, 14 and IS.

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Mario Ticarb SaIhfia Nolasco. `Perito en JncenIos

furnite,

Photograph number 13.- Bathroom area it is observed the absence of as wel as it can be se n a burnt patern from top to bottom.

Photograph number 14.- Rests of the wall that divides the captain's cabin and the crew's cabin where a wardrobe existed.

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Mario Rjcar%o SaIhfia Noasco. `Per/to en 9nceniáosy ZpIosfvos.

Photograph number 15.- Carpet of the crew's cabin with a burnt pattern from stern to prow from rear to front and port to starboard from left to
right.

Standing in the cabin named VIP, which is located in the left side down the stairway that come from the kitchen, when removing the debris it was found the base ofa matrimonial bed which do not show damages caused by fire see photograph 16, that the wall which is located in this cabin and the stairway show damages caused by fire with a burnt pattern from top to bottom, that the furniture which were located in the right side of the bed show damages caused by fire with a pattern from top to bottom, likewise observing that the wall which is located over the bed-head shows a mark of fire in a swing form with a burnt pattern in radial form and with a direction from top to bottom see photographs 17, 18 and 19.

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Mario jcarh SaIhfia Nolasco. `Per/to en 9ncentiiosy Zxposivos.

Photograph number 16.- Removing the debris of the cabin named VIP and sight of the wall located between the cabin and the stairway, where it can be seen a burnt pattern from top to bottom, base of the matrimonial bed at sight which do not show damages of fire.

Photograph number 17.- Wall located at the bed-head which shows a mark ofa "swing", with a burnt pattern from top to bottom.

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Jng. Mario Tjcarh SaIhfia Noco. `Perito en 9ncenafosy Øsit

Photograph number 18.- Sight of the mark left by the fire in a "swing" form.

Photograph number 19.- Sight of the mark left by the fire in a "swing" form.

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9n5, Mario 1jcarh Salhfia Nolasco, `Perito en 9nceniosy Z*poi*

Standing in the area used as dinning room crew's lounge which is located to the left of the cabin named VIP, once removed the debris, it was found a table, two seats, and a furniture which is located to left of the table, all of which show damages caused by fire with a burnt pattern from top to bottom and with a direction from stern to prow from rear to front see photographs 20, 21 and 22. Likewise, it is important to mention that in this point of the boat the burnt pattern changes direction, as from this point it parts to two directions, one towards the stern rear and the other towards the bow front.

Photograph number 20.- Sight of the dinning room or crew's lounge once the debris were removed, where it can be seen in the back of the seat the same burnt pattern in swing form, as well as the table and the furniture at its side shows damages caused by fire with a direction form stern to prow from rear to front

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fin5. Mario T?Jcarh Sana No&sco. `Perito en JncentAosy Zypoivoi

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Photograph number 22.- Detail of the mark of the fire direction in the dinning room's table or dinning table, from stern to prow from rear to front.

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