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
Plaintift·' Supplcmcntal dated March 21, 2005
Interrogatory No. 8,
Excerpts from deposition transcript of Matthew R. Frcijc, taken April 29,
San Marcos Fact Sheet, dated August 27, 2003
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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
Attorneys for Plaintiffs
IN THE UNITED STATES DISTRICT COURT
!N THE DISTRICT COURT Oi; ARIZONA
MARVIN SAPIRO and GLORIA SAPIRO,
Case No.: CIV 03 1555 PttX SRB
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 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."
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ANSWERS I O IN'I ERROGATORIES
All of the General Objections and Reservations o fRights are incorporated into each of
the individual answers to interrogatories.
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
addition to Plaintiffs' earlier supplementation of thei:
to this interrogatory, Plaintiffs also contend that the
failing to follow Sunstone's own Standard Operating Procedures concerning bacteria
contamination, legionella, and OSHA procedures. See, e.g., SUNST330-332, 437, 473,
Dated: March 2I, 2005
BOIES, SCt·ILI·LR & I·LEXNER LLP
D_A i i· ·V·,_.S HAp
AN M. GALVAN!, STEV-EN W. DAVIS
Mini, Florida 33 i3
BOIES, SCHILLER & FLEXNER, LLP 100 S.E. 2 ·a Street, Suite 2800
Telephone (305) 539-8400 Attorneys fbr Plaint·"
PLAINTIFFS' SUPPLEMENTAL RESPONSES Case 2:03-cv-01555-SRB Document 132-2 TO DEFENDANTS INTERROGATORIES 9 Filed 12/05/2005 Page 4 of
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UNITED STATES DISTRICT COURT
FOR THE STATE OF ARIZONA
MARVIN SAPIRO and GLORIA
CASE NO. CIV 03-1555 PHX SRB
HOTEL INVESTORS L.P.,
DEPOSITION OF MATTHEW R.
TAKEN AT SAN DIEGO,
FRIDAY, APRIL 29,
61.0 West Ash Street
(800) 288 3376
Angela Schultz-Messenger, CSR No.
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I didn't bring the entire document, no.
didn't bring my entire library that has a lot of other
papers and so forth on Legionella control.
Well, you haven't referenced your entire library
in your report,
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,
And I believe I responded that I have a very
and a lot of my research makes up my
knowledge of the subject.
I'm not asking about every publication.
You suggest that you rely upon what OSHA has generated by
way of guidelines or regulations in support of your
perspective that San Marcos failed to adhere to its duty
to its guests.
That's one of the dqcuments I would reference.
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.
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Sheraton San Marcos
Itotel management learned yesterday that bacteria had been found in one of its boilers in the East Wing
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
the Arizona Department of llealth Services of this
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
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
employees have reported
diagnosis of Legionnellosis, the symptoms for which
generally resemble pneumonia (see Center tbr Disease Control
www.cdc.gov). OSHA suggests that if you
experiencing pneumonia or flu-like symptoms, ·bere is no need to
We have arranged fi·r
an answer line
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,
Department of Iealth Services.
Gary A. Stougaard
Executive Vice President
903 Calle Amanecer-Suite 100 San Clemente, CA 92673-6212 Tel. 94£.369.4000 Fax 949.369.4210
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