Free Response in Opposition to Motion - District Court of Arizona - Arizona

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EXHIBIT A
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Case 2:03-cv-01555-SRB Document 173-3 Filed O4/24/2006 Page 1 013 H

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-I I HC Infomation Resources Inc.
, PO Box 2109
Matthew R. Freije, President ~ Fallbrook CA 92088-2109, USA
, 760 451 1050 TBIi76O 451 1020
[email protected] · Fax: 619 839 3165
[email protected]
www.hcinfo.com
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" February ll, 2005

I Mr. Steven W. Davis, Esq.
I Boies, Schiller & Flexner LLP
` 100 Southeast 2“d Street, Suite 2800 .
Miami, FL 33131-214-4 A
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Re: Sapiro v. Sunstone Hotel Investors, L.P.
Dear Mr. Davis: n
y Based on information received to date, my opinions in the above matter, with reasonable
I . scientific probability, are as follows:
I 1. Marvi11lSapiro was exposed to high levels of Legionella bacteria during his stay at
the San Marcos Resort in Arizona.
Legionella test results for water samples collected at the San Marcos in April and August
2003 clearly indicate a signiilcant health risk. Based on the nature of Legionella bacteria in
I plumbing systems, it is very likely that the bacteria were in the system in Febmary 2003.
There are approximately 47 species of Legionella, one of which is przeumoplzilcx, which
I itself has 15 serogroups. High levels of Legionella pneumophila serogroup l were found in
_ tl1e San Marcos domestic water system, which is the same serogroup detected in Mr.
as- Sapiro’s urine. Although the matching serogroups does not conclusively implicate the San
Marcos in Mr. Sapiro’s disease, it is scientifically significant.
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February ll, 2005 t
Mr. Steven W. Davis, Esq.
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` understand that a request for inspection is pending and that an inspection will occur in the
Q near iuture at a mutually convenient time). I also have not ·had the opportunity to examine
Z the boilers, tanks, fixtures, and any other equipment that were in use at the San Marcos in
t Februaiy 2003 but have since been removed. ln addition, I intend to check out other
{ facilities that Mr. Sapiro visited during his February 2003 visit to Phoenix. Any
t additional information could affect my opinion, so I reserve the right to supplement this
report after completing such inspections or receiving additional doctunents. p
— n My qualifications, publications, and a list of cases in which I have testified are listed in
Attachment A. My fees in this case are $220 per hour for document review, inspections,
reports, trial preparation, etc., and $350 per hour for depositions and court testimony.
Sincerely,
` Matthew R. Freije
attachments
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Case 2:03-cv-01555-SRB

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