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

_ _ Case 2:03-cv-01555-SRB _ D0cument157-6 Filed Q2/27/2006 ‘Page10f3

,OO I ° Matthew R. Fxeije — Apti1`29, 2005
' ' , 9F02E1C
» . I UNITED STATES DISTRICT COURT S.
H , ` _ FOR THE STATE OF ARIZONA ‘ O
I O _ MARVIN SAPIRO and GLORIA .* A `
. SAPIRO, his wife, . ` * A I I ‘
. * --
. A _ n. Plaintiffs, * O _
. ‘ · -1; ‘. _ " *
._ , _V.~ ‘ I 1 l .* CASE NO;_CIV O3-1555 PHX SRE
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I _ SUNSTONE HOTELS ._'i * I _ S jL
_ - I INVESTORS Ltc, SUNSTONE. * a- ‘ _,- A ,1
O O · A HOTEL INVESTORS L.P.,· * _ _
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he ‘__‘ Defendahts.x * A U ‘ It
U `_ I I ‘ l S · DEPOSITION OF MATTHEW RQ FRETJE_.O‘ _ _ O
L_ - _ ·I .O O-IO TAKEN.AT SAN DIEGO, CALIFORNIA . ‘ `. ` O
‘ IY I · -O NFRIDAY, APRIL 29, ZOO5 I l __ .! I-
Q I L .ATRINSON—BAKER, INC. -1 ‘i O U ,· I
'S‘OO O-_ COURT REPORTERS . · , ~ _ _ O` ‘ .
I ` 610 West Ash Street, Suite 901 _ -1 -
_ ‘__ - San Diego, Califermia 92101 ~ *_ I n" ·_ `
» `(800) 288—3376_ O ' _ ` - I .1‘ _`
I Repexted by: `AngelaiSchu1tz-Messenger, CSR N0} 11742
I I -1 FILE NO.; 9F02Eic w_ _ -` " A , l nh _ A
I Case 2:03-cv-01555-SRB Document 157-6 Filed O2/27/2006 Page 2 of 3

- Matthew R. Freije 4 April 29, 2005 _ I . I
I . _ I 91-I‘02E1C I I - Q.
. I I - 7 B _ I _ 8 O I
1 previously. . I I 1 res earch, butl dIid talk toI quite a number Iofpeople,_and
I I I2 I · Q. Thatwas the hospital that Alphateclr was 2 quite a lot with the —- with Janet Stout and Victor Ewe Q I
I 3_ involved with? I - _ - I - I 3 - at VA Medical Center in Pittsburgh, and with some others, I I
_ I I I I 4 I A A. Yes, _ · I - _ I 4 - but they were some ofthe primary ones. Ihad a lot of I
I I· I 5 Qi Okay so in 1997 you start holding yourself out _ 5 --contact with the CDC. I · _ I I · _ I
I I _ · 6 as being available to provide services regarding _ 5 Q. In fact, many of those individuals you credit in I I I . ,
I · , 7 Legionella? · -, I , 7 your book, true'? , I . , Q
8 I A. I don't recall that I was marketing services at _ - B _ A. Yes. The technical resources. - · Q I
. · 9 all at that time. I was not-- I was still more _ I Q 9 Q. What individuals did yIou work within this time . Q I
. _ _ 1 0 I interested in doing the research work than the consulting 1 0 frame who had particular experience or training in the .
I 1 1 I work, but I did what came to me. ‘ '‘`` I I 11 hospitality or hotel industry'? · I . I ·
_ I I_ 12 Q. Okay. Did you have a web site at that point? _ 12 I A. I can't name names as far as who might have been
1 3 A. Notthat I remember. _ 13 involved in those projects. The ones I talked to -- some
. 14 Q. But you had the book out, obviously. - 1 4 of them anyway —— had been involved in a number of _ _.
15 I A. Yes. · - I I .. 15 projects and probably included hotels, since they had · · · I
1 6 Q-. And the book provided information which would 1 6 been I-- since hotel outbreaks have been fairly common . I -· ,
I I 1 7 allow someone to determine how to contact you, true`? I 17 for a number of years. , . _ _
I 1 8 A. Yes. They would have the company name and 1 B Q. Well, do you know for a fact that any of those _ · . I I
. 19Q contact information, phone number. 1 9 individuals who imparted their wisdom and lmowledge to I I
I 2 U Q. Let's go back new to the time between 1993 and 2 O you were individuals who were actually employed by or
. 2 1 1997. What particular training, education or knowledge 2 1 instructing in the hospitality or hotel industry? I .
I 2 2_ did you obtain from any individuals regarding Legionella 2 2 A., They would not have been employed in the hotel I_ _
2 3I in that ume frame'? I I . Q2 3 industry. _ .
_ _ 2 4 A. Vtrhen you say "individuals," what do you mean'? _2 4 I Q. I-Iow about instructing the hotel or hospitality
. . I I I 2 5 Q.I This is the concept I want to address with you I I2 5 industry? . I . I. I I .
- I _ I _ I - 79 , - I I . I B1
. 1 I right now so I can kind of walk through it. 1 want IDI , 1 A. -Well,1 don't know if they had had involvement
. 2 understand who taught you anything about Legionella in - 2 mth that or not. · . Q
_ ,3 that time frame as opposed to instances where you 3I Q. Okay. So 1993 through ,*97, there's really no
‘ · 4 self-taught by doing research, reading things and looking I4 courses or seminars out there on the subject with the ,
I I · 5 up things. I I I I 5 exception ofthe one CDC course describing how to I _
6 A. So you would say anyone who taught me, doyou , . 6 culture. Really, you‘re the fellow that comes to the
I _ 7 mean in the form of seminars or courses? - '7 forefront in presenting that type of vehicle to impart
B Q. Seminar, courses, mentoring, anything where _ B knowledge regarding Legionella. Trac? I
. 9 another living, breathing individual is providing you ‘ I _ 9 _ A. Yes. _ _ . .
1 U guidance, instruction and imparting their knowledge on 1 O _Q. And if I understand your earlier testimony, - I . ·
1 1 the subject to you through their overt actions. . 1 1 there's no further formal training or education you _
‘ 12 A. Well, there was a lot of it. I I I _ 12 received in this time frame trom any,colIeges or Q _ ·
1 3 Q. Okay. ‘ I 13 universities bn the subject of Legionella, true? I _ .
14 A. In fact, there -— with the exception of a CDC 1 4 A. I don't believe there's any —— there are any I
-- 1 5. course for laboratoriance on how to culture Legionella, I 1 5 courses period at colleges and universities on _
I 1 E don't believe there was any actual forjmal training course 1 5 Legionella, but thats true. I , I
I . 1 7 on the Legionnaires prior to the one I developed and _ 1 7 Q. If there's no —- to your knowledge, there’s as .
1B taught, But people who were involved with Legionella 1 8 courses at colleges or universities that may not focus
1 9 were involved because of their technical background, some 1 9 specitically on Legionella, but which might include
_ 2 U as rnicrobiologist and some as infectious disease _ 2 0 Legionella as a portion ofthe course? _ I
_ 2 1 specialists, and I was involved as an engineer because of _ 2 1 A. Well, they might mention it in a very general ,
22 my background with that. , I 2 2 way, but nothing that would provide training to someone. I -
, 2 3 So as far as the Legionella specifics, thats how it 2 3 Q. Even to this day that's the case? ‘
2 4 _ was taught, is you would —— rrireugrr mentors and just 2 4 A. Thats true. _ I
2 5I researching, the tests that were done. And sol didIthe 2 5 Q. Some colleges and universities, to your
- 21 (Pages 78 to 81}
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