I . . IN THE UNITED STATES DISTRICT COURT t APPEARANCES:
IN AND FOR THE DISTRICT COURT OF ARIZONA 2
3 For Plaintiffs:
MARVIN SAPIRO and GLGRIA I 4 eoIEe, SCI-·l|LLER 8. ELE>
_ _ I , 5 Attorney at Law
PIEIRIIIIS. ) I 100 Southeast Second Avenue, Suite 2800
6 Miami, Florida 33131
vs. )) N0. C|V03-1555 PHX SFIEI l 7 (305} 539-84GO
SUNSTONE HOTELS INVESTORS, I I: D I CI I
L.I..c.; SUNSTONE I-IOTEL I B 01 B En ams
· 'NVESTOFR '—·2-· I I
E an an ‘ I . Attorney at Law
10 3838 North Central Avenue, Suite 1500
Phoenix, Arizona B5012-1902
11 (602) 331 -4600
DEPOSITION OF MATTHEW R. FREIJE .
San Clemente, California 14
Friday, September 16, 2005 1 _
Volume 2 5 .
- 16
3 17
18
Reported by: 19
LINDA N1, UNGER 20
cse Ne. 11403 21
Job No. 631777 22
23
‘ 24 .
·*·‘ 25
Page 157 .
1 IN THE UNITED STATES DISTRICT COURT 1 INDEX .
5 IN AND FOR THE DISTRICT COURT OF ARIZONA 2 WITN ESS; EXAMINATION .
3 MA`I`I'I—IEW .
4 MARVIN SAPIRO and GLORIA ) Vclumg 2 R FREIJE
SAPIRO, his wife, ) 4
pIaImm¤S_ ) I g BY MR. KLEIFIELD 5
. 6 I
ve. ) No. CNO3-1555 PHX SRB 7
7 ) 8
SUNSTONE HOTELS INVESTORS. ) 9
B L.L.C.; SUNSTONE HOTEL I EXHIBITS
INVESTORS, L.P., ) 10 ‘
9 I
Defendants. ) 1 1 - (Nang)
10 ) `
11 I2
12 13
13 14
14 Deposition of |V|AT|`I·lEW R. FREIJE, Volume 2, 15 ‘
15 taken on behalf of Defendants, at 393 Calle 16
16 Amanacer, San Clemente, California, beginning 17
17 at 10:13 a.m. and ending at 2:15 p.rn. on Friday, 18
1B September 16, 2005, before LINDA M. UNGER, 19 -
19 Certified Shorthand Reporter No. 11403. 20
20 ‘
` i " 2I 21
‘ 22 22
23 · 23
24 24 I
25 25 . I
PBQE ISS Page 158
1 (Pages 155 to 156)
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1 water system'? 1 your initial question was do the majority, and that was ;
2 ll/IH. SCHMIDT: Objection. Form; overbroad. I 2 vague anyway. I
3 THE WITNESS: I No, I would disagree with that. 3 So it was based not only on my own testing, but
4 BY NIFL KLEIFIELD: 4 also on other studies that have been done where a number
5 O Have you performed any study or survey that 5 of buildings, not in the same municipality in
5 serves as the basis for your disagreement in that 5 particular, except for homes, have been tested in one
7 respect? 7 given area, but I don't know that larger buildings have.
B A Yes. 5 O Okay. I'm asking about your work now. So
9 O Tell me about that study or survey. I 9 we*re back to Baltimore. You're not able to recall for
10 A Well, it's just that l've tested a number of 10 me how many ot the eleven or twelve buildings you
11 buildings and collected hundreds or probably thousands 11 sampled for domestic water Iegionella actually
12 of samples. 12 demonstrated some level of Iegionella in their domestic
13 Q How many buildings have you tested? _ 13 water system?
14 A I can't give you the number. I don't know. 14 A No. I just know that not all of them did.
15 O How many buildings have you tested in one given 15 Q Are you able to tell me a percentage of them
15 municipality such as Chandler? 16 that you believe did?
17 A Well, are you asking in any given municipality 17 A Not with any accuracy, no.
18 or in Chandler in particular? 18 Q You said that you were aware of a study that
19 O What I'm trying to look for is the largest 19 demonstrated that there were some houses in a particular
20 single number ofbuildings that you have tested In a 20 municipality that were sampled for the presence of I
21 single municipality. 21 Iegionella in the domestic water system; true?
22 A Well, I don't ¥- I don't know. 22 A There have been a tew studies of those.
23 Q Is it more than ten? 23 Q Are you aware of any studies that have been
24 A Yes. 24 performed to ascertain the extent to which Iegionella is
25 O What municipality? 25 present in domestic water systems in public access
Page 157 Page 169
1 A Baltimore. 1 structures in any particular municipality?
2 O I-low many buildings do you believe that you 2 A There have been studies of certain building
3 sampled in Baltimore? I 3 types. I don't recall that they were all in one ,
4 A I would say it's between ten and fifteen, 4 municipality though.
5 probably eleven or twelve. 5 O Are you aware of any studies that demonstrate
5 Q That sampling was for the particular purpose of 6 the prevalence of Iegionella in domestic water systems
7 determining whether Iegionella was present in the 7 and public access buildings in any given municipality or
B domestic water system? 8 demographic area? ‘
9 A Yes. And I tested cooling towers also. 9 A Well, like I said, there are those studies. I
10 Q With regard to the -- I take it-- you said 10 would have to go back and look at them to see it they
11 it's more like eleven or twelve. lt would be eleven or 11 were targeted toward a particular region.
12 twelve buildings that you tested in the Baltimore area. 12 O You suggested that you did not agree with my
13 Was all of that testing or sampling dealing with 13 proposition that the majority of buildings have some
14 domestic water systems as opposed to cooling towers? 14 level of Iegionella in their domestic water system. D0
15 I'm focusing on domestic water systems right now. 15 you have an opinion regarding the percentage of public
15 A The answer I gave as far as the number of 16 access buildings that likely present with some level of
17 buildings, that would pertain to domestic water systems. 17 Iegionella within their domestic Water system?
15 O Okay. So of those eleven or twelve in 1B lVlFl. SCHIVIIDT: Objection. Form; overbroad.
19 Baltimore, how many were found to have Iegionella in the 19 THE WITNESS: Well, I guess you would have to
20 domestic water system in any concentration or any sera 20 define one thing, what some level is. Are you talking
21 group? 21 about a level that was found —— something similar to
22 A Well, I don't know, especially since some of 22 what was found in the San Marcos? I would say the
23 those buildings were tested a number "of times, and so it 23 percentage would be very small.
24 would be hard to report that data in any meaningful way 24 BY NIH. KLEIFIELD:
25 without taking into account the number of sunreys, but 25 Q I didn't ask that. I said some level. That
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