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Case 1:04-cv-01282-JJF Document 81-7 Filed O3/13/2006 Page1 of 3

Case 1:04-cv-01282-JJF Document 81-7 Filed 08/13/2006 Page 2 of 3
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1 IN THE UNITED STATES DISTRICT COURT
2 FOR THE DISTRICT OF DELAWARE
rx. .» C 3
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5 AES PUERTO RICO, L.P., )
6 Plaintiff, )
7 VS. ) No. 04-1282-JJF
8 ALSTOM POWER, INC., )
9 Defendant. )
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16 VIDEOTAPED DEPOSITION OF FRANK GABRIELLI, a witness
17 called on behalf of the Plaintiff, pursuant to the Federal
18 Rules of Civil Procedure, before Esmeralda Guzman, a
19 Certified Shorthand Reporter and Notary Public in and for
20 the State of Connecticut, taken at Alstom Power, Inc., 2000
21 Day Hill Road, Windsor, Connecticut, taken on Thursday,
22 January 12, 2006, commencing at 10:09 a.m.
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656 Z• * -CV- • = - I ocpargejg 81-7 Filed 03/13/2006 Page 3 og§g3240 i
1 A. I thir1k I did, yes. 1 MR. VYITORIA: I will do my best.
2 Q. Would you have that e—mail in your computer? 2 Q. (By Mr. Williams) Do you recall anything else you
3 A. I think I do. 3 did with respect to the corrosion of the AES Puerto Rico
4 Q. I'll ask you to get that e-mail and produce it to 4 facility after September 20047
5 us before you leave this evening. 5 A. I don't really recall doing anything else after
6 A. Okay. 6 that, after the review of the report. I think that was my
7 Q. I was waiting to see if your lawyer was going to 7 last contact with them.
8 object. 8 Q. Is it your general practice to save e-mails you
9 A. No, no, it's just that I have to go back to my 9 send that relate to work matters?
10 computer, my system, and all that. 10 A. If it relates to clients, subject matter,
11 Q. If you'd like, I'd be willing to say you can 11 technical matters that I could use in the future as a
12 provide it to your lawyer as long as your counsel will 12 reference, I keep those.
13 stipulate on the record he'll turn it over to us tomorrow. 13 Q. Did there come a time when you were asked to
14 MR. VITTORIA: I have to take a look 14 gather your paper documents relating to the work you did
15 at the report. I'm not going to be able to 15 with respect to the AES Puerto Rico facility?
16 stipulate to anything. To look at the 16 A. Idon‘t recall ever receiving any notice to do so.
17 document. 17 Q. Do you recall ever gathering up all of your paper
18 MR. WH.LIAMS: If it's not 18 documents about the AES Puerto Rico project and turning
19 privileged, will you tum it over tomorrow, 19 them over to anyone?
20 Mr. Vittoria? 20 A. No, I started reviewing some of this information
21 MR. VITTORIA: I'll have to take a 21 as we talked this morning once I found out I was being
22 look at it. 22 deposed.
23 MR. WILLIAMS: To make a 23 Q. Have you provided your counsel with a copy of
24 determination as to whether you'll tum 24 every piece of paper that you have relating to the
Page 239 Page 241
1 over a non-privileged document tomorrow? 1 corrosion of the ESP collector plates at the AES Puerto
2 MR. VITFORIA: I don't know how long 2 Rico facility?
3 the document is, Dan. It could be five 3 A. I gave him whatever, I mean, whatever I had, I
4 hundred pages long. I'm not going to be 4 think. Whether I gave him everything I have, I don't know,
5 able to tum over something. I'm not going 5 but I give him all of the various correspondence that I
6 to stay up until two o’clock this morning 6 could find.
7 reading through a document to make sure 7 Q. So you never made a search to make sure you gave
8 that it's not privileged and could be 8 him every single document you had relating to it?
9 turned over tomorrow. So I'm not going to 9 A. My filing system is not that great, so you know, I
10 put on the record that I will produce it 10 can't swear I gave him everything, no.
ll tomorrow if it's not privileged because I ll Q. What about electronic documents? Did there come a
12 won’t necessarily know. 12 time when you were asked to search your computer for all
13 Q. (By Mr. Williams) Mr. GabrieHi, how long do you 13 documents relating to this litigation?
14 think your comments were on the Altran report? 14 A. Not per se, no. I mean, I did it on my own, but I
15 A. My e-mails normally are not that long, so you 15 was never requested to do a search.
16 know, but I don't remember if I did any kind of markup of 16 Q. And when you say you did it on your own, do you
17 the document or anything. That's the problem. 17 mean you looked at them for your own review so you could
18 Q. So certainly fewer than twenty pages? 18 prepare for this deposition today?
19 A. I would think so. 19 A. Correct.
20 MR. WILLIAMS: I'll ask again that 20 Q. But you didn't turn them over to anyone?
21 you produce it at the end of this 21 A. Some documents I did give copies to Tony.
22 deposition then. 22 Q. Some you did?
23 MR. VYITORIA: And you can ask. 23 A. Yes.
24 lv1R. WH.LLAMS: And will you? 24 Q. Now, I'm not going to ask what your counsel told
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