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

l` _ Case 2:O3¥cv—O1555-SRB D0cument157-5 Filed O2/27/#2006 Page10'f3 _ ‘-

, _ I ‘ Matthew R. Freije — April 29, 2005
“ _ , 9F02E1C .
- . UNITED STATES DISTRICT COURT 5. A _
U . ` _ FOR THE STATE OF ARIZONA ’
_ MARVIN SAPIRO and GLORIA * _ I -
I SAPIRO, his wife, . * I A
. I ar
_ I _ _ . Plaintiffs, * _’ ·
_ _ V. · - I A * CASE NO._CIV 03-1555 PHX SRB
· - · a: . ‘ I
_ SUNSTONE HOTELS l Cn * I
. INVESTORS LLC, SUNSTONE. “* A I I A ,5
_ l ~ HOTEL INVESTORS L.P.,1 *
L - Defendants. *
_ _ii, l we Daposiwiom OF MATTHEW R. FREIJE,U __ N
__ _ _ ei_ . in TAKEN AT SAN-DIEGO, CALIFORNIA ” ` Y
U ‘ U .1 ‘ I-- FRIDAY, APRIL 29, 2005- --`_ » A U
_1 ,ATKINSON—BAKER, INC. . U · l · T I ·
`ii L-_ COURT REPORTERS . - 1 n. _ _'
. 610 West Ash_$treet, Suite 901 ‘ _ _ _ S
_ - San Diego, California 92101 ‘ ‘ ` n C
'(800) 288—3376_i ‘ ‘ , _ I _
- I Reported by: iAngela Sohultz—Messenger, CSR No) 11742
U I 1 -- Y v Fits NON.; 91202Eic I A __ U I ,
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_ Matthew R. Freije — April. 29, 2005 _.-r .
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1 advised that it was her recollection that her daughter - 1 i Q. Okay. Is i_t a fair statement that most ofthe I ` , "
` 2 would have initiated the contact with you. Do you recall 2 hourly work that you do is litigation-related work? ,
3 something to that effect? A I- p . 3 ` A. Most of it, yes. I I I . i ` p _ Q
4 _‘ A. Oh, now I do. Yes. Which is unusual that it I 4 Q. From your perspective as a business man who is i i . i I
5 happened that way in this particular case, but Ido —- l 5 interested in nraintaining HC Information Resources as a I ii · p
6 maintain at my web site free information on Legionnaire‘s 6 business and continuing that business, developing . ‘
'7 disease, and from time to time people who have contracted 7 litigation work is an important thing, true? . i - i _ I
B the disease or have had loved ones who have e—mailed B A. I don't know if I would say developing it in I I Q
· i 9 questions, and Ibelieve that‘s how she originally got in _ 9 terms of -- like I said, I don‘t do anything to market . 2 ` · _
1 O touch with me. ` _ I - I I 1 0 the services, so I can't say that it's necessarily more . ` -
i 1 1 Q. You said that presently the maj ority ofthe work 11 important than the other aspects ofthe business. -, _ · .i
12 you do is related to attomeys hiring you. What hourly 12 Q. It‘s at least equally important, correct? I _ i _ ‘ I
13 rate do you_charge for work where attorneys hire you? . - 13 A. I guess so. It°s -- I -— you know, I seek to · ‘ i A
14 A. Well, right now my current rate is $250 an hour. _ 14 maintain all aspects of the business; not just to sustain _ i I _, _1
1 5 I Although that‘s not what I'rn charging in this case, but I 1 5 the business, but because I personally like the variety. I i A
_ 1 6 that‘s my currerrtrate. _ - 1 6 Q. Well, you`ve provided your perspective to I
17 Q. Because in this case you quoted a rate that was 17 individuals in seminars and otherwise that you can
1 8 arrrererir than when you were initially retained? . 1 3 provide a service in liti gated-rel ated matters, true? ·
1 9 A. Yes. A · 19 A. I didn’t understand the question. I - ` q ” .
2 0 Q. What was that, $225 an hour? ` 2 0 Q. Sure. You've had occasion to speak at seminars, A
2 1 i A. $220 an hour. _ I 21 correct? i I .· · ‘ . . i ‘
22 Q Q. And what aml paying you for this deposition? ‘ I 22 A. Yes. _ ,
2 3 ‘ A. $350 an hour. ‘ , 2 3 Q. Seminars are something that you market, true? ‘
2 4 Q. ..Iust because Mr. Davis is a nicer guy than I am? . 2 4 A._ Yes. . _ I
2 5 _ A. For depositions and trial testimony it's $350 an 2 5 Q. You have published some papers and other written _ I
19 . i _ - 2 1 ‘ I i _ it
_ ` 1 hour. " _ 1 materials, true? r
2 Q. Is there any other work that you do regardless 2 I A. Yes. . - ‘
3 of whether or not it's related to litigation or an , 3 Q. Those are things that you market as well, true? I
. 4 attorney where you charge $350 an hour? i 4 A. Some of them are marketed; some of them are for
` 5 A. No. _ 5 magazines and they're not sold. _ I - `
i 6 Q. So litigation work permits you to, in some 6 .Q._ In the ones that you do sell or the seminars
7 instances, charge your highest rate, true? i 7 , where you do speak, there‘s information provided `
B A. Just the testimony part nt it. ` _ B reilecting that you are, in fact, available to become. I
9 Q. Now, all the other work that you do in 9 involved in litigation, true?
1 0 litigation-relatedmatters is presently charged at $250 10 A. No. Unless it`s by accident, but seminars are ·
1 1 an hour? I i ‘ 1 1 given for two reasons, usually. Many companies put them
. 12 A. Yes. 12 on to attract new clients, water treatment co'mpanies,`for .
‘ 1 3 Q. What rates do you charge in 13 example. And they charge very little or nothing for the `
1 4 nonlitigation-related matters? 14 seminars because they want to attract as many prospects I . _
15 A. If it's hourly work it's the same rate, $250 an 1 5 as they can. But the seminars I do are purely I
1 6 hour. Although, in nonlitigation, most ofthe work is 1 6 educational. 'l`hey're to be a profit center tb emselves, i
17 based on a tlat sum; not on an hourly rate. q 1 7 and I don't do them to try to increase the consulting - I
· 1 3 Q. And so you have to assess the scope of the task 1 B business. _ i
1 9 assigned to you in the nonlitigation-related matter and 19 I Q._ Do you call -— the litigation matters, you call _ i I .
2 0 try to make a good estimate of what your time commitment 2 O that the consulting business?
2 1 will be to come up with an appropriate quote? 2 1 A. No. Although that would be part of it. But it
2 2 A. Yes. Although, I do some ofthe —— some tasks 22 would include the litigation, yes. But I was referring
2 3 over and over again, risk assessments of buildings, for 2 3 more to consulting servicesthat I'd provide directly to
2 4 example, and so I have some standard pricing that I use 2 4 building owners.
2 5 for that. 2 5 Q. I-I ow many individuals presently do what you do
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