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

·Case 2:03-cv-01555-SBB D0cument157—1O` Filed O2/27/2006 Page10f3 _

I _· ' ._ ‘ Matthew R. Fxeije — April 29, ZOO5 I
‘ ’ - , 9FO2ElC .
_ - . UNITED STATES DISTRICT COURT ·'
. , U _ FOR THE STATE OF ARIZONA . ‘ _
I MARVINISAPIRO and GLORIA .* U _ I I I .
SAPIRO,_his wife, *- . ‘ . ·
· . *‘
. __ I I Plaintiffs, * _. _ I_ - I
.. - ` ‘ .* * I ·`‘· _ . ·
I , _v. - I I * CASE NO. CIV O3~I555 PHX SRE
· - SUNSTONE·HOTELS .I II * I I
_ ~ . INVESTORS LLC, SUNSTONE. ` * I I . .I
I . HOTEL INVESTORS L.P.,» * · - I
- , . ‘ Defendants. I * ‘ I .
I ‘ . I · DEPOSITION OF MATTHEW RQ FREIJE_R ` , ,
‘, _ _ , -I_ I . In TAKEN AT SAN DIEGO, CALIFORNIA . I `I Y _
. I I I 1 A IFRIDAY, APRIL 29, 2005 II, .i `
SI .ATKINSONÂ¥BAKER, imc. , .. -II<
I A _. COURTyREPORTERSI { . ·. , U _ I I II
I ` 6lU West Ash Street,-Suite*90l ‘ _ _,1` I I
. I , A San Diego, California 92lOl` ‘a - - ‘ I
_ I(8OO) 288-3376 _A . ` I - I
I U .I -Reported-by:-IAngelaISchultz—Messengex,ICSR Nof ll742.
I I- I A FILE NO.: BFOZEIC ‘_ SI `I ·· _ · I
I Case 2:03-cv-01555-SBB Document 157-10 Filed O2/27/2006 Page 2 of 3

. Mat;t;liew_ R. Freije — April 29,2005 _ I _. .
Q I I _ I 9 F U 2 E 1 C p . . I
I I 8 2 I I _ ‘ W . 84 ‘ I ‘ I I
1 knowledge, provide little information about Legionella in 1 project. ` I - I .
2 their courses? I I Q _ 2 I Q. Tell me the first time you made1·eco1miiendations I _ *
‘ 3 ‘ I A. Well, I can't say what all- colleges and I . _ 3 to any individual or entity regarding-the proper . I I I
4 _ universities do. I don't know of any Legionella—specitic_ 4 procedures to follow to manage the risk presented by I ‘ -
I 5 training at any of those. Now, courses on microbiology _5 I_ Legionella in a hotel setting, I I . -
6I or -4 I'm sure must mention it at some point} Even my . 6 - A. I Well, I guess it would be actually the book I _
7 l<.ids' science class, they mention it, and —— but I don't I 7 wrote in 1996. I even mention at the beginning of the `
· B . know of any that goes into any detail at all as far as B book that it doesn't —— you know, that the problems I
9 preventionand so forth. I - I 9 apply not just to hospitals, but to any large building. j
-. 1 tl _ No courses you're aware of in colleges or I ‘ 1 U I don't recall whether I mention hotels specifically,. but p
1 1 ` rnriversities since you've been involved in doing this _ 1 1 certainly the reader would interpret that as to include ‘_’, I j _ I
_ 12 type of work that train or educate people howto manage 12 hotels, so -- ` I K`,.
13 the risk presented by Legionella, true? v_ . 13 Q _ Q. The reader would interpret the book that's I I
I 14 , A. I don't know if that's taught now to any degree ‘ 14 entitled "lregionellaflontrol at Healthcare Facilities? to . p I
15 in coursework relatedto environmental assessments or It . 15 apply to hotels, is what you're telling me, correct? p · _ I _ I
. 1 5 not. I · I _ - I _ 1I6I A._ I believe if you‘ll read the forward of the book I I
1 7 Q. your research throughout the years up to this 17 that's written by Dr. Defore in the EPA, that even in the I I _
1 8 point in ti.rne,Iyou‘ve not come to learn of the idea that I 1 8 forward of the book he mentioned this is practical for _ I .
19 there’s courses offered by colleges and universities that I 1 9 any large building; not just hospitals. I’rn ‘ I
20 include in_ their coursework education, training, 2 D paraphrasing. I don't remember exactly how it's worded. · I . I
2 1 instruction, designed to impart infonnation to, - j . 2 1 _ . Q. You didn‘t disseminate this book to hotels or j _ _
2 2 individuals about how to manageithe risk presented by 2 2 hotel chains, did you? - . y - · I
2 3 Legionella in buildings, hire? I . 2 3 I didn't disseminate it to anyone. People would
_ 2 4 A I don't know of any. · __ I _ 2 4 buy it. I I
2 5 Q. Okay. So with the collaboration of these other 2 5 Q. You didn't distribute marketing materials that ‘
s 2 I as I ‘ _
1 people that you work with from up until 1997 with the 1 were designed to focus upon hotels or hotel chains to I I
2 self—teaohir of research that you're doing in that time 2 advise them of the existence of this book, did you?
3 frame in 1997 that you start doing more work where you‘re 3 A, There were new releases and book reviews that .
4 providing services, not that you‘re actively marketing 4 · were written in publications that would have been read .
5 ‘_ it; it juststarts coming to you more. Correct? I 5 by -4 or some have been read, I assume, by facility ( I
6 _ A. Yes. . I I I _ 6 managers of hotels.
7- Q. When‘s the nrst time you were involved in 7 Q. The question was: You didn’t generate any
B assessing the existence or nonexistence of Legionella in _ 8 marketing materials directed to hotels or hotel chains `
9 a hotel property? I · 9 designed to convey the existence of this book`, did you? j
1 0 A. Well, the first investigation of a hotel I can - I 10 A. Well, Iwrote some of those news releases, or at I
1 1 remember is in the late '90s. Not necessarily involving 1 1 least I participated in the writing of some of them, so I .
12 sampling, but it was investigation a building. There .12 guess I would say yes. ‘
1 3 might have been one sooner. Thats the lirst one I can 13- Q. You directed those to hotels and hotel cliains?
._ 1 4 remember. I _ p 14 - A. Well, I directed them to publications that would I
. 15 I Q. How about the first time where it actually I 15 reach those types of buildings. Vlfhen you say directed
1 5 involved sampling? - .- _ _ 16 them to hotels, you mean did I actually send them to ·
1 7 A. I don't remember. 1 7 Hilton or Wyndham or —— . _
19 I Q. So prior to the sampling that you perfomied at 1 8 Q. Sure.
1 9 theI San Marcos, you don't recall being involved in any 1 9 A. I No. I
2 O instance where you were asked to sample at a hotel to 2 O Did you Send out flyers to ILIIEIH at all advising - I
2 1 determine the presence of Legionella. True? 2 1 them ofthe seminars that you could present on the
2 2 I A. I don't know. I mean, I've done a lot of I 2 2 subject? . ‘ ·
2 3 sampling, and I would think there was —- l'm sure l must _ 2 3 MR. DAVIS: You're talking now at the time he
2 4 . have sampled a hotel before, but I just can'trerne1nber 2 4 I wrote the book?
25 having done that right now. I can't think of a specific 1 2 5 MR KLEIFIELD: At any point in time.
- i 22 (Pages 82 to 85) ·
Case 2:O3—cv-01555-SRB Document 157-10 Filed O2/27/2006 Page 3 of 3

Case 2:03-cv-01555-SRB

Document 157-10

Filed 02/27/2006

Page 1 of 3

Case 2:03-cv-01555-SRB

Document 157-10

Filed 02/27/2006

Page 2 of 3

Case 2:03-cv-01555-SRB

Document 157-10

Filed 02/27/2006

Page 3 of 3