Free Motion in Limine - District Court of Arizona - Arizona

SAPIRO v. SUNSTONE HOTELS INVESTORS, L.L.C., et al. Case No. CIV03-1555 PHX SRB
Exhibit Index Motion in Limine No. 4 Regarding Evidence or Testimony Concerning OSIIA as Establishing the Standard of Care

Exhibit A

Plaintift·' Supplcmcntal dated March 21, 2005

Response

to Defendants'

Interrogatory No. 8,

Exhibit B
1,;xhibit

Excerpts from deposition transcript of Matthew R. Frcijc, taken April 29,
2005

C

San Marcos Fact Sheet, dated August 27, 2003

Case 2:03-cv-01555-SRB

Document 132-2

Filed 12/05/2005

Page 1 of 9

EXHIBIT A

Case 2:03-cv-01555-SRB

Document 132-2

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Page 2 of 9

DAVID W. SttAPIRO, AZ BAR NO. 015295 ANN M. GALVANI (Pro IIac Vice, Sept. 29, 2003) STEVEN W. DAVIS (Pro Itac Vice, Aug. 26, 2003) JORGE SCHMIDT (Pro Hac Vice, March 17, 2005) BOIES, SCIIILLER & FLEXNER, LLP 100 S.E. 2 ·d Street, Suite 2800 Miami, Florida 33131 Telephone: (305) 539-8400
Facsimile:

(305) 539-1307

Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT
!N THE DISTRICT COURT Oi; ARIZONA

PtIOENIX DIVISION

MARVIN SAPIRO and GLORIA SAPIRO,
his wife,

Case No.: CIV 03 1555 PttX SRB

Plaintiffs,
VS.

PI,AINTIFFS' SUPPLEMENTAL RESPONSE I'O DEFENDANTS' INTERROGA ORY No.

SUNSTONE t t·OTEI, INVESTORS, L.L.C., SUNSTONE tIO'FEL INVESTORS, L.P.,
Defendants.

TO:

Defendants SUNSTONE HOTEL INVESTORS, L.L.C., SUNSTONE HOTEL ,NV·,STORa, L.P.

Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, the plaintiffs

MARVIN SAPIRO and GLORIA SAPIRO submit this supplemental response to "Defendants'
Interrogatories to Plaintiff."

Case 2:03-cv-01555-SRB

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ANSWERS I O IN'I ERROGATORIES
2

3

All of the General Objections and Reservations o fRights are incorporated into each of

4

the individual answers to interrogatories.
8.

5
6
7

State specifically and in detail the facts and evidence upon which plaintiffs' contention is based that the incident as alleged in plaintiffs' Complaint was caused by any negligent conduct on the part of the defendants.

Plaintiffs note that discovery is ongoing and reserve the right to further supplement their
answers to this

8

Interrogatory. In

9

addition to Plaintiffs' earlier supplementation of thei:

10

Response

to this interrogatory, Plaintiffs also contend that the

San Marcos

was

negligent ir

ll
12
13

failing to follow Sunstone's own Standard Operating Procedures concerning bacteria

contamination, legionella, and OSHA procedures. See, e.g., SUNST330-332, 437, 473,
500.

anc

14
15

Dated: March 2I, 2005

BOIES, SCt·ILI·LR & I·LEXNER LLP
By:

16
17
18

D_A i i· ·V·,_.S HAp
·

19
2O
21 22
23

AN M. GALVAN!, STEV-EN W. DAVIS
JORGE SCtIMIDT
Mini, Florida 33 i3

[a··

0

BOIES, SCHILLER & FLEXNER, LLP 100 S.E. 2 ·a Street, Suite 2800
Telephone (305) 539-8400 Attorneys fbr Plaint·"

24

25

26
27
28

2

PLAINTIFFS' SUPPLEMENTAL RESPONSES Case 2:03-cv-01555-SRB Document 132-2 TO DEFENDANTS INTERROGATORIES 9 Filed 12/05/2005 Page 4 of

EXHIBIT B

Case 2:03-cv-01555-SRB

Document 132-2

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UNITED STATES DISTRICT COURT
FOR THE STATE OF ARIZONA

MARVIN SAPIRO and GLORIA
SAPiRO,

his wife,

5

Plaintiffs,

ORIGINAL
*

6

7
8

v.

CASE NO. CIV 03-1555 PHX SRB

SUNSTONE HOTELS
9

INVESTORS LLC,

SUNSTONE

I0

HOTEL INVESTORS L.P.,

Defendants.
12
13

14

DEPOSITION OF MATTHEW R.
!6
1"7

FREIJE

TAKEN AT SAN DIEGO,

CALIFORNIA
2005

FRIDAY, APRIL 29,

18 19
2O

ATKINSON-BAKER,
COURT REPORTERS
22

INC

61.0 West Ash Street
23
24

Suite 901

San Diego,

California 92101

(800) 288 3376
Reported by:

Angela Schultz-Messenger, CSR No.

11742

25
FiLE NO.:

9F02EIC

Case 2:03-cv-01555-SRB

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1

A.

I didn't bring the entire document, no.

i

didn't bring my entire library that has a lot of other

3
4
5

papers and so forth on Legionella control.

Q.

Well, you haven't referenced your entire library
have you?

in your report,
A.

6
7
8 9
i0

No.

Q.

Okay.

You were asked to bring to this

deposition any and all material that you relied on specifically as it relate<] to your opinions in this case,
true?

A.
12

And I believe I responded that I have a very
and a lot of my research makes up my
can

extensive library,

13

knowledge of the subject.

bring every

publication.
]5

Q.

Well,

I'm not asking about every publication.

16

You suggest that you rely upon what OSHA has generated by

17
]8 ].9

way of guidelines or regulations in support of your

perspective that San Marcos failed to adhere to its duty
to its guests.
A.

True?

2o

That's one of the dqcuments I would reference.

21 22
23

Q.

Okay.

And in that respect, you've not attached
of the portions of that document that you

a copy of all

rely upon in support of your opinion, nor have you
brought all of the portions of that document here today.

25

True?

141

Case 2:03-cv-01555-SRB

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EXHIBIT C

Case 2:03-cv-01555-SRB

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Sheraton San Marcos

Fact Sheel
8/27/03

Itotel management learned yesterday that bacteria had been found in one of its boilers in the East Wing

building.

We immediately closed the building.

An environmental testing service has reported

to us that this

contamination is likely a form of Legionella, a bacteria that can cause Legionnaire's disease (Legionellosis). We
have notified the Maricopa County tIealth
occurence and we are

Department,

as

well

as

the Arizona Department of llealth Services of this
a Level

currently following OStIA guidelines for

One Investigation. This environmental

testing service has conducted tests throughout the affected building, which will remain closed until it is safe to
reopen. All heating and cooling and hot and cold water systems in all hotel buildings are being tested today. We
have no reason to think that we wiI1 find any additional bacteria in the hotel. We expect the testing and disinfecting of all hotel systems to rcqmrc about 14 days to complete.

Our check of the affected boiler was prompted by the recent receipt of information confirming the illness of
a

former out-of-state guest of the hotel. Six months had elapsed since the guest's stay. Prior to this notification, we

had received no other complaints or reports of illness. After a preliminary call from the environmental testing firm yesterday confirmed tile presence of the

bacteria, we immediately commenced a thorough testing program at the hotel.

No other guests

or

employees have reported

a

diagnosis of Legionnellosis, the symptoms for which
at

generally resemble pneumonia (see Center tbr Disease Control

www.cdc.gov). OSHA suggests that if you
see a

are nol

experiencing pneumonia or flu-like symptoms, ·bere is no need to
We have arranged fi·r
an answer line
to

doctor."

staffed by independent health professionals to talk confidentially with

any of our employees or guests as needed

address their questions as they arise. In addition, the Maricopa County
as is the Arizona

Department of Itealth Services is available to answer questions,
Contact:

Department of Iealth Services.

Gary A. Stougaard
Executive Vice President

Office: 949.369.4280

Cell: 619.709.4461

www.OSIIA.gov/SLTC/ctools/lcgionnaires/samplc lctter.htmi

903 Calle Amanecer-Suite 100 San Clemente, CA 92673-6212 Tel. 94£.369.4000 Fax 949.369.4210

SUNST13I
Page 9 of 9

Case 2:03-cv-01555-SRB

Document 132-2

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