Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv-01282-JJF Document 81-9 Filed O3/13/2006 Page1 of 3

Case 1 :04-cv-01282-JJF Document 81-9 Filed O3/13/2006 Page 2 of 3
ROUGH DRAFT — Thomas Coleman — ROUGH DRAFT
Page l
ROUGH DRAFT ROUGH DRAFT ROUGH DRAFT
JUDICIAL DISTRICT OF REPLACE AT REPLACE
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AES PUERTO RICO, LP
VS Civ. No. 04·1282—JJF
§
ALSTOM POWER, INS.
»———— ———— —————·——~~————————~————~———- X
ROUGH DRAFT of the Deposition of E
Thomas Coleman taken in accordance with the A
Federal Rule of Civil Procedure at the Law Q
Offices of Cowdery Ecker & Murphy, 760 Main Q
Street Hartford, Connecticut, Before Holly i
Murphy, a Licensed Shorthand Reporter and Notary Q
Public, in and for the State of Connecticut at Q
9:38 AM on February 23, 2006. g
Holly Murphy, License No. 177 Q
DEL VECCHIO REPORTING SERVICES I
PROFESSIONAL SHORTHAND REPORTERS E
117 RANDI DRIVE, MADISON, CT 06443 {
203 245—9583 800 839-6867 g
FAX 203 245-2760 7
HARTFORD NEW HAVEN STAMFORD E

-
5
Esquire Deposition Services MD — 1—800—539—6398
D.C. — 1-800—441—3376 VA — 1—800—752—8979
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Case 1 :04-cv-01282-JJF Document 81-9 Filed 03/13/2006 Page 3 of 3
ROUGH DRAFT — Thomas Coleman — ROUGH DRAFT
Page 126% Page 128
Do you' that? 1 your home computer?
I A. Yes I do. ` r 2 A. No.
% Q. EEC was the entity developing the g 3 Q. Did you search your AOL e—mail account
L /STARTS up procedures for the CDS is that r 4 for documents responsive to this litigation?
S correct? 5 A. No I mean there no I done keep my
S A. That is correct. 6 e—mail my personal for more than whatever the
’ Q. Did you agree that EEC had not been 7 holding time is. IfI need to keep them
3 able to clearly demonstrate proven start up 8 typically now I don't even use my personal
9 procedures for the CDS until sometime in October 9 computer. Everything goes through my company
1 0 2002? 10 laptop.
j 1 MR. EDWARDS: Same objection. 1 1 Q. Did you prepare for this deposition?
C 2 A. This letter is DFD's posturing, if you 12 A. Yes.
T 3 would call it that. on several items. One thing 13 Q. What did do tou to re are for this
. 5 P P
1 4 they failed to mention in here is they're the 1 4 deposition?
i 5 same deficiencies with the auxiliary equipment t 1 5 MR. EDWARDS: I instruct you that you T
i 6 that they supplied including the RO unit, 1 6 are not to discuss the contents of any discussion
L 7 including the water treatment facility which has 1 7 that you had with Alstom counsel in responding to
i 8 a direct effect on this equipment. 1 8 that question. So we do not invade the attomey j
I 9 The procedures as stated before needed to 1 9 client privilege.
L 0 be modified and changed. They went through the 2 O Q. Let me ask it differently to help did
L 1 same process that we did with their supplied 2 1 you meet with Mr. Edwards or any of the attomeys
. 2 equipment. i 22 at /OE cay in connection with preparing for this
. 3 What we're seeing here is only in my 2 3 deposition just basically yes or no?
. 4 opinion posturing on their part and failure to 2 4 A. Yes.
. 5 mention any of their deficiencies on their 2 5 Q. How long did who did you meet with?
Page 127i Page 129
1 supplied equipment. 1 A. Mr. Edwards. I
2 Q. So it's not unusual for rocedure /T OS ’ 2 Q. When did ou met with Mr. Edwards? .
P l Y
3 change during the commissioning phases of the 3 A. Yesterday /AOFRPB.
4 project regardless of what the equipment is is t 4 Q. How long did you meet with Mr. Edwards?
5 that right? 5 A. Approximately four hours.
6 A. That is correct. 6 Q. Did you review any documents in P
7 Q. Did you produce documents to the i 7 connection with that meeting? .
8 attorneys at Ober Kaler in connection with this E 8 A. Yes. '
9 litigation? j 9 MS. SAGERSON: That's all I have. .
.0 A. Noldid not. 10 Q
.1 Q. You didn't rovide any documents to Mr. 1 1 CROSS EXAMINATION
P
.2 Edwards or any of the attomey at Ober Kaler in 1 2 BY MR. EDWARDS:
.3 connection with this litigation? 1 3 Q. Showing you what was marked as exhibit
.4 A. No I did not. 1 4 7 during the course of your deposition. You had
.5 Q. Did you search your computer at your 1 5 a discussion with counsel about item number 15 in I
. 6 office for documents relate /TODZ this 1 6 this exhibit which is a page that end in Bates
. 7 litigation? l 7 number 6355 I believe. _
- 8 A. No I did not. 1 8 Do you recall that discussion?
r9 Q. Did you search your files in your 1 9 A. Yes, I do.
20 office for documents in connection with the 2 0 Q. What are the nozzle quick disconnects?
21 litigation? 2 1 A. The nozzle quick disconnects are what
22 A. No I did not. 2 2 attaches the flexible hose that runs from the
23 Q. Do you have a home computer? 2 3 nozzle, injection nozzle to the supply header.
24 A. Yes I do. 2 4 The nozzle quick disconnects allows you to
25 . Do ou kee an business document /OPBS 2 5 se arate the system. Se arate the flexable hose
. . .. .... . -- ..-?.- LP .... . ....
33 (Pages 126 to 129)
Esquire Deposition Services MD — 1—800—539—6398
1).C. — 1--800-4/11-3376 VA — 1—800—752—8979
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