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

- Cése 2:03-cv—O1555-SRB D0cument157—4 Filed O2/27/2006_ Page·10f3 ·

,__ 0 ‘ Matthew R, Freije — ApriI 29, 2005
“ i _ 9F02E1C .
» . UNITED STATES DISTRICT COURT i
_ ` _ FOR THE STATE OE ARIZONA ‘
n MARVIN SAPIRO and GLORIA * _ _
_ SAPIRO, his wife, , * ‘..I
I ar .·
I - _ Plaintiffs, * ,, _A
_ v.- l * CASE NO. CIV 03-1555 PHX SRB -
- , SUNSTONE HOTELS I In * . 0 I ·
, I INVESTORS LLC, SUNSTONE. ** 1 _ , I
_ . HOTEL INVESTORS L.P., * _
, I - I ae -
I , - Defendants. * I
I ` A I - DEPOSITI-ON OF MATTHEW R; FRTTJE, A _ ‘, _ S
' _ _ I- , . 1TAKEN AT SAN DIEOO, CALIFORNIA ‘ C
if 5 _ , U _ ;FRIDAY, APRIL 29, 2005 --__ A h
7 ,- ATKINSON—BAKER, INC. i_. ._ - ·
l ,_ COURT REPORTERS‘ A _ _ ` ‘ I
` ` 6101West_Aeh Street, Suite 901 l _ - ‘ I
. _ San Diege, Califcrnia 92101l- ‘1 n 3 .1
`(SOO) 288-3376, _ - _ ` . I 51 _
-Rep0rted by: lAngela'Schu1tz—Meeeenger, can N0; 11742
-. - `- I FILE NOT: 9F02ElC P" T _ _ ·
_ Case 2:03-cv-0.1555-SRB Document _1 57-4 Filed O2/27/2006 Page 2 of 3

.Q . Matthew R. Freije — April 29, 2005
g 9 F 0 2 E 1 C · I ‘ -
2 _ _ - I _ 102 104
_ - i_ i 1 A.- Not so much with the seminars.- i y '_ 1 think we have an understanding in that respect. y
i 2 Q. And you‘ve not been asked to teach at any. 2 BY MR. KLLEIFIELD: -_ . ‘ .
. ‘ 3 i colleges or universities to any particular groups 3 Q. You agree there is no particular standard that " · _
_ - 4 involved in the hospitality or hotel industry on tl1e l 4 . applies throughout the hotel or hospitality indirstry _ p i
_ ‘ ‘ 5 subject of managing the risk presented by Legionella, 5 regarding how to manage the risk presented by Legionella . y
- _` 6 have you'? A -_ 6 in a hotel? . _1 -
. . ‘ 7 A. I’ve been asked by a university to teach it. '7 A. No. I don't agree with that exactly. _ .
. 8 Wasn‘t specifically to hotels, though. 8 Q. Okay. What standard do you believe exists ‘ I
_ · I 9 Okay. And did you, in fact, do that? ._ 9 throughout the hotel or hospitality industry regarding I
1 0 A. I never did that, no. 1 0 howto manage the risk presented by Legionella in a hotel `
1 1 Q. Okay. So in terms of your perspective regarding 1 1 setting? - ` A I
_ _ . 1 2 what hotels could or should do to manage the risk I 12 A. Well, there are recommendations provided for .
1 3 . presented by Legionella in a hotel setting, number one, 13 people in the hotel industry for any person who manages a
‘ _ 1 4 you‘ve presented seminars that are not specifically 14 build of that type. But you said -$ -
I 15 focused to the hotel or hospitality industry. True? 15 ` Q. I'm talking about the hotel industry. l‘m riot I
. 1 6 A. Except for the one where I was asked to come in 1 6 talking about any building thafs big. l'm talking about
` 17 and do the training for the hotel. I 17 specifically related to the hotel industry or hotels as a
1 8 Q. That‘s in Antigua, correct? 1 8 building. I I p
'_ 19 A. Yes. · 1 9 A. So was your question, that has been provided by I
. - 2 0 Number two, you don't have recollection of 2 0 the hotel industry?
` Q 2 1 rarreer mailing or direct marketing of your papers or _ 2 1 Q. No. Standards which you believe apply to hotels
· I _ 2 2 books to the hotel or hospitality industry. True? ' 22 regarding managing the risk presented by Legionella. · Q
2 3 A. I didn't -— I don't recall specifically _ i I 2 3 A. Yes. Well, one would be actually in Europe. ` _
a_ _ I_ 2 4 `acquiring a list of hotels, except for the one that I y 2 4 The European Working Group for Legionella Effects. I y r
. . a 2 5 mentioned that was directed to a few large hotels, and I . 2 5 might have —— the title 1nay not be exactly correct-- has
· ‘ ‘ 1 0 3 i A 1 0 5 p ,
- . · · 1 don't remember exactly when that was. i _1 provided a guide for hotels., The EPA has issued a _ "
- _ ` 2 Q. Number three, you‘ve not taught at any college 2 guideline that specifically mentions hotels, and that p _ .
3 or university in any course designed to provide? · 3 was, in fact, attached to my report. I believe the OSI-IA‘
_ _ 4 information regarding —— related to the hotel or p 4 guideline pertains to hotels. The ASHRAE guideline ‘--
5 hospitality industry, true? I _ 5 A-S-H-R-A-E, the acronym —- would apply to hotels. _
_ ‘ . 6 _ A. That's true. ‘ _ 6 . Q. Okay. Letls back up and go through them. First.
Ia '7 Q. And finally, you‘ve not been hired by any hotel 7 of all, the European standard is not adopted here in the ;
i 8 to provide services in the form of advising them what B United States by any organization or governmental entity
I . ` ‘ 9 _ they could do to manage the risk presented by Legionella, 9 _or authority. True? ° i
10 true? = - 10 A. Not that I know of. A · _ I
i 1 1. A. No. Iwas by the hotel in Antigua. · L i 11 . Q. So my statements correct? i y
_ 12 Q. Okay. And, again, that was after the San ` 12 A. As far as I know, yes. _. . -
‘ _ 13 Marcos, correct? y _ 13 Q. Okay. The EPA guidelines specifically mentions
14 A. Yes. I p ` U 14 hotels -- which you advised was attached to_your V -
15 I MR. DAVIS: Did you say after the San Marcos? r 15 report -- is a document entitled "Guidance manual for _
1 6 You mean after he was first hired in any case, because 1 6 compliance with the filtration and disinfection
` _ 1 7 the SanrMarcos in effect; is still ongoing. I I p 17 requirements for public water systems using surface water
18 MR. KLEIFIELD: Sure. Yeah. No. He was hired 1 8· sources, March 199] edition." ls that correct? ·
. ' 1 9 in 2003 relative to San Marcos. l·Ie did the —- he was 19 A. Yes. Appendix B of that document.
2 0 contacted -- retained in 2004, June of`2004 for the 2 0 Q. First of all, we're not dealing with a public
2 1 Antigua. 2 1 water system here. We‘re dealing with a domestic private
` 2 2 MR. DAVIS: No. I understand what the dates 2 2 water system, aren‘t we?
23 are. But the way the question is -— because the San 23 A. It is served by a public water system, and this
` _ 2 4 Marcos matter is effectively still going. ` 2 4 pertains to buildings that are served by public water I
· 2 5 MR. KLEIFIELD: Yeah. I think that‘s —— I 2 5 systems.
. 27 (Pages 102 to 105)
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