Free Motion in Limine - District Court of Arizona - Arizona


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SAPIRO v. SUNSTONE IIOTELS INVESTORS, L.L.C., et al. Case No. C1V03-1555 PHX SRB
Exhibit Index Motion in Limine No. 3 Regarding Water Testing

Exhibit A Exhibit B Exhibit C

Excerpts from deposition transcript of Matthew R. Frcijc, taken September
16, 2005

Special Pathogens I,aboratory report dated May 21, 2003

Excerpts from deposition transcript of Evan Studer, taken September 15,
2005

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 1 of 30

EXHIBIT A

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 2 of 30

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT COURT OF ARIZONA

MARVIN SAPIRO and GLORIA SAPIRO, his wife,

Plaintiffs,
VS.

No. CIV03-1555 PHX SRB

SUNSTONE HOTELS INVESTORS,

L.L.C.; SUNSTONE HOTEL INVESTORS, L.P.,
Defendants.

CERTIFIED

COPY

DEPOSITION OF MATTHEW R. FREIJE San Clemente, California

Friday, September 16, 2005
Volume 2

Reported by: LINDA M. UNGER CSR No. 11403 Job No. 631777

Esquire I)eposition Services
949.440.7000

Case 2:03-cv-01555-SRB

Document 131-2

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Page 3 of 30

1 2
3

Q

How many times have you been retained by a

hotel to sample their domestic water systems and found the presence of legionella in sufficient concentrations
as to

4 5

pose a health risk to guests staying at the hotel?
A I don't know,

but it would be

it would be

6
7

very low.

As I mentioned, most of the risk assessment

work I've done sampling has been in hospitals.

8 9
i0

Q

Okay.

Try to recall one for me where you've

been hired by a hotel to perform sampling of domestic
water systems and the results of those samples

demonstrated legionella present in sufficient
12

concentrations to be a health risk to guests staying in

13

the hotel.
A
Q

14
15 16

I can't think of one.
Tell. me how many times you've been hired by a

hotel to perform sampling of its domestic water system
to determine the extent and concentrations of legionella

17
18 19 20
21

present in that water system.
A

Well, I can't think of any offhand.
The sampling you performed was May of 2003;

correct?

22
23

A
Q

Yes. Have you performed any scientific study or

24
25

analysis regarding the promulgation rate of legionella
bacteria of any particular sera group of any particular
235

Esquire Deposition Services
949.44(].7000

Case 2:03-cv-01555-SRB

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1 2

environment?

A

Could you define promulgation rate.

3
4 5

Sure.

How quickly it multiplies.

A

There's not a consensus among microbiologists
It's

as to what that is.

what I generally go by is

6
7

every twelve hours.
Q
Have you performed any type of regression

8 9
i0

analysis based upon the samples that you performed in
this case?
MR.

SCHMIDT:

Objection to form.
To take the samples that were

ii
12

THE WITNESS:

collected from the San Marcos and do an analysis as to how fast they were replicating?

13
14

BY MR. KLEIFIELD:
Q
How fast they were replicating and over what

15
]6

time they replicated to achieve the concentrations that

17
18 19 2o
21 22

you sampled.
A

No.

I don't know of anyone who has ever done

that analysis ever.
Q
You agree with me that the samples were taken

at the property in August of 2003;

correct?
I must

A

I don't remember exactly when it was.

23
24

have the report somewhere,

but I recall that it was

around that time.
Q

25

And do you remember that the results of those
236

Esquire I)eposidon Services 949.440.7000

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samples demonstrated the presence of legionella in much
2
3
4 5

higher concentrations than the samples that you obtained
in May of 2003?
A

Generally, yes.
As a general statement,
the results of the

Q

6
7

second samples demonstrated that there was greater

proliferation of legionella than when you were on the

8
9

property and sampled?
MR.
SCHMIDT:

Objection.

Mischaracterizes

i0

testimony and lacks foundation.
THE WITNESS:
I would have to do a comparison

ii
12

of sample sites themselves to see where at the property

13

they sampled, but in general, just the general results
were that they found higher concentrations.
It was a

14
15
16

different laboratory, and that could have had some part

in it.
BY MR. KLEIFIELD:
Q
You're not aware of the extent to which the

17
18 19
20

difference in the laboratories accounts for the difference in the concentrations of legionella with

21
22

respect to the samples?
A
Some laboratories are more proficient in

23
24

finding it than others.

I can't say exactly the

difference between these two,

if there is any.

25

Q

You can't say there was any difference between

237

Esquire Deposition Services
949.440.7000

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Filed 12/05/2005

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BY MR. KLEIFIELD:

2
3
4 5

Q

I'm not asking you to assume the routing.

I'm

simply dealing with the ambient temperature range in all
lines.
If you've got a line that is proven to go

6
7

underground and is proven to have an ambient water

temperature in the promulgation range in May but not in
February, the potential for promulgation is greater in
May than in February based upon that factor; true?
MR.

8 9
I0

SCHMIDT:

Same objection.

Form.

THE WITNESS:
12
13

The water in the cold water

piping could be more conducive in May than in February.
I don't believe it would affect the hot water piping in
either case, no.

14
15
16

BY MR. KLEIFIELD:
Q
You didn't sample in February;
true?

17
18 19 20

No, I did not.
You performed no scientific analysis to

ascertain the likely concentrations of legionella at any location on the property in February as compared to May;

21 22
23

true?
A
Q

I didn't test in February.
And of the tests that you did in May, you've

24
25

not done any scientific analysis of those results to
ascertain what the likely concentrations were in

242

Esquire Deposition Services
9d9.4d0.7000

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Page 7 of 30

1
2

February based upon the test samples that you had
evaluated by a lab; true?
A
Q

3
4 5

No such tests exist.

Likewise, you didn't take what you sampled, the

results of those samples that you performed in May, to

6
7

ascertain the extent to which there were pathogenic

concentrations of legionella in November of 2002; true?
A
No such tests exist.

8 9
i0

Q

The second numbered paragraph of your February

llth, 2005, report conveys the statement that, quote,
"Martin Sapiro would not have been exposed to high
levels of legionella bacteria during his stay at the San
Marcos if the property owner or manager or other party

ii
12
]3

14
15 16

responsible for the hotel, presumably Sunstone Hotel
Investors, LP, or Sunstone Hotel Management, Inc.,
hereinafter referred to as Sunstone, had routinely
tested that hotel water system for legionella and taken

17
18 19 2o

appropriate steps in response to the results."
read that correctly?
A I believe so, yes. I didn't

Have I

I wasn't sure

21
22
23

exactly where you were reading, but I think you read it correctly.
Q
Do you believe that any sample that reveals any

24
25

level of pathogenic or nonpathogenic legionella in a
domestic water system in a hotel setting requires
243

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1 2

want to maintain the system to prevent legionella

contamination and they're testing to find out if their

3

preventive measures are working, then it doesn't lead to
a false sense of security.

4
5

BY MR. KLEIFIELD:
Q
Do you agree that legionella amplifiers can

6

7
8

cause legionella to become heavily colonized very

quickly?
MR.

9 I0
Ii

SCHMIDT:

Objection.

Form.

THE WITNESS:

I would have to have more of an

explanation of that.
BY MR. KLEIFIELD:

12
13

Q

We talked about this briefly earlier,

and that
Do you

14

is the rate at which legionella can promulgate.

15 16
17

have an opinion regarding the extent to which legionella
can

promulgate to pathogenic levels in a welcome

environment, in a conducive environment?
MR.

SCHMIDT:

Objection.

Form; incomplete

19
2o

hypothetical.
BY MR. KLEIFIELD:
Q
How quickly it can go from a nonpathogenic to a

21 22

pathogenic level.
MR.

23
24

SCHMIDT:

Same objection.

THE WITNESS:

Well, legionella can

25

legionella counts can go from nondetectable to fairly
269

Esquire I)eposilion Services 949.440.7000

Case 2:03-cv-01555-SRB

Document 131-2

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Page 9 of 30

1
2

high counts in a short period of time.
In some instances,
for example,

if there's

3
4 5
6

water pressure shock

perhaps the city is working on a

water main and it shakes loose piping and biofilm comes

loose

there have been outbreaks associated with those

events because of the rapid increase in legionella

7

levels in the water.

8 9
i0
ii

BY MR. KLEIFIELD:

Q

What do you mean by short time?

In your

understanding of the documents in that respect, what's
that quantification? What's a short time?

12

A
Q
A

It could even be minutes.

13
]4

Okay.
But absent those types of events,

it's not

15 16
17

likely to change substantially over time from being safe
to unsafe,

for example, without some kind of

intervention, without some kind of disinfection

18 19
2O
21 22

procedure or, in the other scenario, some type of
introduction of organic contaminants in the water that
would be nutrients for legionella.
So a system that's

just basically left to

operate as usual, it would follow these same

23

laboratory-defined replication rates which are not entirely agreed upon by microbiologists, but would be

24
25

roughly every twelve hours.
270

Esquire Deposition Services
9d9.440.7000

Case 2:03-cv-01555-SRB

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Page 10 of 30

EXHIBIT B

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 11 of 30

SI ECIAL PATItOGENS

LABORATORY
·
·

Telephone: (412) 688-6438 Fax:(412) 688°6950

Wedn·day, May21,2003

HC Informatior· Resources, Inc.
P. O. Box 2109 Fallbrook, CA 92088

ATTN: Matt Freijc
Phone: (760) 45!-1050 Fax: (6!9) 839-3166

Ext

Sample Taken From: Sprix·kler Near Door To 103 Back Of 126 Sample Type: Wat.er Sample ID Number: 3-B- 48729 Date Collected: 13-May·03 Sample Comments:

Test Conducted: Environmental Culture Test-Legionella Test Results: Negative Identification: Not ApplicabIe Concentration: Not AppIicable
Test CoIl'1121ents:

Date
Received: 15-May-03

Colony Forming Units (CFU) of LegioneIla per milliliter of water. Limits of detection appro×imateIy l0 colony forming units per milliliter of sample,

are

Total colony f·rming units of Legionella per swab. Limits of detection are approximateIy 20 colony forming uaits per swab.

*Uninterpretable Culture overgrown by other bacteria Key to Abbrcviatim·s: CF- Cooling Tower; tt'WT Hot Water Tank

Janet E. Stout,

Ph.D.fl

/

Microbiologist

Di·e:tor, Special Pathogens Laboratory

2

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 12 of 30

·

"· ·,·

·

VA MedicaI Center University Drive C Pittsburgh, PA 1.5240



SPECIAL t ATHOGENS LABOIL TORY
VA Medical Center University Drive C Pittsburgh, PA 15240
Telephone: (412) 688 6438 Fax: (412) 688-6950
Thu·day, May 22, 2003

ttC Information Resources, Iuc.
P. O. Box 2109 Fallbrook, CA 920[";8

A'FI.N: Matt Freije
Phone: (760) 451-1050 Fax: (619) 839-3166
Ext

Sample Taken From: 126 Faucet, Pre-Flush llot

Sample Type: Water Sample ID Number: 3-B- 48730 Sample Comments:
Test Conducted: Environmental Culture Test-LegionelIa Test Results: Positive Identification: L. pneumophila, serogroup 3 Concentration: <10 CFU/ml

Date
Collected: 14-May-03

][)ate

Received: iS-May-03

Test Comments:

Colony Folrning Units (CFU) of Legienella per milliliter of water. Limit'· of detection are approximately I0 colony forraing u·its per milliliter of sample.
Total COiOlly forming units of Legionella per swab. Limits of detection are approximateIy 20 colony

forming units per swab. *Uninterpretable Culture overgrown by other bacteria Key to Abbreviations: CT- Cooling Tower; IIWT ][Iot Water "!'ank

Janet E. Stout, Pt·.D.

Microbiologist Director, Special Pathogens Laboratory

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 13 of 30

SI LCIAL I A I HOGENS LABORATORY
VA Medical Center University Drive C Pittsburgh, PA 15240
Telephone: (412) 688-6438

Fax: (412) 688-6950

"I hursday, May 22, 2003

IIC Information Resources, Inc.

Box 2109 FalIbrook, CA 92088

P, O,

AT'IN: Matt Freijo
Phone: (760) 451-1050 Fax: (6J.9) 839-3!66

Ext

Sample Taken From: 126 Faucet, Pro-Flush Cold Sample Type: Water Sample ID Number: 3-B- 48731 Sample Cormnents:
Test Conducted: Environmental Culture Test-Lcgionella Test Resuits: Negative Identification: Not Applicable Concentration: Not Applicable

Date Collected: 14-May-03

Date
Received: 15-May-03

Test Comments:

Colony Forming Units (CFU) of Legionella per milliliter of water. Limits of detection are approximately 10 colony forming units per milliliter of sample Total colony forming units of Legioneila per swab, Limits of detectiun are approximately 20 colony forming units per swab.

*Uninterpretable Culture overgrown by otlmr bacteria

Key

to

Abbreviatioas: C'I'- Cooling Tower; tIWT Hot Water Tank

Janet E. Stout, Ph.D. Microbiologist Director, Special Pathogens I.aboratory

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 14 of 30

SPECIAl,

I A I IIOGENS LABORATORY
VA Medical Center University Drive C Pittsburgh, PA 15240
Telephone: (412) 688 6438 Fax: ('112) 688-6950
Thursday, May 22, 2003

IIC Iuformafion Resources, Inc.

P O. Box2109

Fallbrook, CA 92088

ATTN: Matt Freije Phone: (760) 451-1050

Ext

Fax: (619) 839-3 i66
S·anple Taken From: 126 Faucet, Post-Flush Cold Sample Type: Water Sample ID Number: 3-B 48732 Sa:mple Comments:
Test Conducted: Environmental Culture Test-Legionella Test Results: Negative Identification: Not Applicable Concentration: Not ApplicabIe Test Comments:

Date
Collected: 14 May-03

Date
Received: 15-May-03

Colony Fom·ing Units (CFU) of Legionella per milliliter of water. Limits of detection are approximately 10 colony t·rming units per milliliter of sarrg·le. Total calony forming uoits of Legionella per swab Limits of detection are approxima!ely 20 colony forming units per swab.

*Uninterpretable C·lture overgrown by other bacteria Key to Abbreviations: CT Cooling Tower; HWT IIat Water Tank

Janet E. Stout, Ph.D.

Microbiologist
Director, Special Pathogens Laboratory

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 15 of 30

SPECIAL I A I tt()GLNS LABORATOR5
VA Medical Center University Drive C Pittsburgh, PA 15240
'I'elc·lhone: (412) 688-6438
Fax: (412) 688 6950
"thursday, May 22,
20011

IIC Infor·nation Resources, Inc.
P. O. Box 2109 Fallbrook, CA 92088

ATTN: Matt Preije
Phone: (760) 45i-1050 Fax: (619) 839-3166

Ext

Sample Taken From: 126 Faucet, Post-Flush tIot Sample Type: Water Sami·le ID Number: 3-B- 48733 Sample Comments:

Date
Collected: 14-May-03

Test Conducted: Environmental Culture Test LegionelIa Test ResuIts: I'ositive Identification: L. pneumophiIa, serogroups and 3
Concentration: 690 Ct;U/ml
"['est

Date
Received:
5-May-03

Comments:

Colony Forming Units (CFI.J) of Legionella per milliliter o·'water. Limits of detection are approximately 10 colony forming units per milliliter of sample.
Total colony forming units of I,egionella per swab Limits of detection are approximately 20 colony

forming units per swab. *IJninterpretabie Culture overgrown by other bacteria Key to Abbreviations: CT- Cnoling Tower; HW'I" tIot Water Tank

Janet E, Stout, Ph.D.

Microbiologist
Director, Special Pathogens Laboratory

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 16 of 30

SPECIAL PATItOGENS LABORATORY
VA MedicaI Center University Drive C
Pittsb·.rgE, PA i5240
Tclcphor:e: (412) 688 6438 Fa×: (412) 688-6950
Ttm·day, May 22, 2003

HC Inforlnation Resources, Inc.
P. O. Box 2109 FaIIbrook, CA 92088

AT'I'N: Matt Frcije
Phone: (760) 451-1050 Fax: (619) 839-3166

Ext

SampIe Taken From: 126 Faucet Sample Type: Swab
Sample II) Ntunber: 3-B- 48734 Sample Comments:
Date
CoIIected: 14 May-03

Test Conducted: Environmental Culture °I'est-Lcgionella Test Results: Negative Identification: Not Applicable Concentrador·: Not Applicable
Test Comments:

Date Received: 15-May-03

Colo:ayFor·ningUnits(CFU) ofI.egioncllaperrnilliliterofwater Limits ofdctcction are approximately 10 colony Ibrming traits per milliliter of sample.
Total colony forming units of Legionella per swab. Limits of detection are approximately 20 coIony forming units per swab. *Uninterpretable Culture overgrown by other bacteria

Key to Abbreviations: CT- Cooling Tower; IIWT Ilot Water Tm·k

Janet E. Stout, Ph.D.

//

/

Microbiologist
Director, Special Pathogens I,aboratory

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 17 of 30

SI I,CIAL I ATIIOGENS LABORATORY
VA Medical Center University Drive C Pittsburgh, PA 15240
Telephone: (412) 688-6438 Fax: (4t2) 688-6950
Thursday, May 22, 2003

Information Resources, Inc.

P. O. Box 2109 Fallbrook, CA 92088

ATTN: Matt Freije Plmue: (760) 451-!050 Fax: (619) 839-3166

Ext

Sample Taken From: 126 Tub, Pre-Flush Sample Type: Water Sarople ID Number: 3-[3- 48735 Sample Comments:

IIot/Cold

Date
Collected: 14-May-03

Test Conducted: Environmental Culture Test-Legionella Test Results: Negative Identification: Not Applicable Concentration: Not Applicable

][)ate

Received: IS-May-03

Test Comments:

Colony Forming Units (CFU) of Legionella per inilliliter of water Limits of detection are approximately 10 colony forming mfi·s per milliliter of sample. Total colony forming ua·its of Legionella per swab. Limits of detection are approximately 20 colony forming unit· per swab.

*Uninterpretable Culture overgrowu by other bacteria Key to Abbreviations: CT- C ml'ng I'ower IWT I[o Water 'I auk

Janet E. Stout, Ph.D.

Microbiologist
Director, Special Pathogens Laboratm3,

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 18 of 30

SPECIAL PATtIOGENS LABORATORY
VA Medical Center
Ur'.iversity Drive C Pittsburgh, PA 15240
"relephorle: (4 [2) 688-6438 Fax: (412) 688-6950
·l]urs{lay, May 22, 2003

tIC Information Resources, Inc.
P. O. Box 2109 Fallbrook, CA 92088

ATTN: Matt Freije Phone: (760) 451-1050 Fax: (619) 839-3166

Ext

Sample Taken From: 126 Tub, Post-Flush llot Saruple Type: Water Sample ID Number: 3-B- 48736 Sample Comments:
Test Conducted: Env·romnental Culture Test-Legionella Test Results: Positive L, pncumophila, serogroups and 3 IdentificatJ.on: Concentration: 110 CFU/ml Test Comments:

Date Collected: 14 May-03

Date
Received: IS-May-O3

Colony Forming Units (CFU) of Legionella per milliliter ofwater. Limits of detection approximately 10 colony forming units per milliliter of sample.
"['aim

are

colony forming units of Legionella per swab. Limits of detection are approximately 20 colony ·brming units per swab. *Unimerpretable Culture over,own by other bacteria Key to Abbreviations: CT- Cooling Tower; HWT Ilot Watex TatJ,-.

Janet E. Stout,

Ph.D,

Microbiologist
Director, Special Pathogens I.aboratory

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 19 of 30

SI ECIAL PATIIOGENS LABORATORY
VA Medical Center University Drive C Pittsburgh, PA 15240
Tetephonc: (412) 68841438 Iqbx: (412) 688-6950
7hu·day, May 22, 2003

IIC Infor·nation Resources, Inc.

P. O. Box 2/.09 Fallbrook, CA 92088

ATTN: Matt Frcije
Phone: (760) 451-1050 Fax: (619) 839-3166

Ext

Sample Taken From: 126 Shower, Pre-lqush IIot Sample Type: Water SampIeIDNumber: 3-B-48737 Sample Comments:

Date
Collected: 14-May 03

Test Conducted: Environxnental Culture Test-Legionella Test Results: Positive Identification: Legionella pneumophila, serogroup
Concentration: 100 CFU/ml
Test Comments:

Date
Received: 15-May 03

Colony Forming Units (CFU) of Legionella per milliliter of water. Limits of detection approximately l0 colony forming units per milliliter of sample.
Total

are

coIony fom·ing units of Legionella per swab. Limits of detection are approximately 20 colony fom·ing units per swab. *Uo.interpretable Culture overgrown 'ay other bacteria Key to Abbreviations: CT- Cooling Tower; ttWT Hot Water Tank

Janet E. Stout, Ph.D.

//

/

Microbiologist Director, Special Pathogens Laboratory

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 20 of 30

SPECIAL PATIIOGENS I,ABORATOR'
VA Modica! Center University Drive C Pittsburgh, PA 15240
TeIephene: (412) 688-6438
Fax:

(412) 688 6950

I]lmsday, May 22, 2003

HC Information Resources, Inc.
P. O. Box 2!09 Fallbrook, CA 92088

ATTN: Matt Freije
Phone:

(760) 451-i050 Fax: (619) 839-3166

Ext

Sample Taken From: 126 Tub Sample Type: Swab Sarnplc ID Number: 3-B- 48738 Sample Comments:
Test Conducted: Environmental (Nlture Test-Legionella Test Results: Negative

Date
Coliected: 14 May 03

Identification: Not Applicable Concentration: Not Applicable
Test Comments:

Date
Receivod: 15 May-O·

Colony Forming Units (CFU) of Legionella per milliliter of water. Limits of detection are approximately 10 colony forming units per milliliter of sample. *TotaI colony forraing units of Legionella per swab. Lirnits of detection are approximately 20 colony forming units per swab.

*Utxinterpretable Culture overgrown by other bacteria Key to Abbreviations: CT- Cooling Tower; IIW'I" 1tot Water Tank

Janet E. Stout,

Microbiologist

Ph.D.///) ·/
Page 21 of 30

Director, Special Pathogens Laboratory

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

SP! CIAL PATIIOGENS LABORATORY
VA Medical Center University Drive C Pittsburgh, PA 15240
"I'eIelJhoI!e: (412) 688-6438
Fax: (412) 688-6950
"I21ursday, May 22,
2{103

Information Resources, Inc.
P. O. Box 2109 Fallbrook, CA 92088

AT'I'N: Matt Freije Phone: (760) 451-1050 Fax: (619) 8239-3166

I!xt

Sample Taken I;ron:·: Ice From Machine Near 123

Sample Type: Water Sample ID Number: 3-B- 48739 Sample Coratnents:
Test Conducted: Environmental Culture Test-I,egionolla Test Results: Positive Identification: Lpl and L.sp., not pneumophila Concentration: 20 CFU/ml Test Corranents:

Date
Collected:
I4

May-03

Date
Received: 15-May-03

Colony Feinting Units (CFU) of Legionella per milliliter ofwater. Limits of detection approximately 10 colony forming units per milliliter of sample.
Total colony forming units lbrming units per swab.

are

of Legiouella per swab. Limits of detection are approximately 20

colony

*Uninterpretable Culture overgrown by ether bacteria Key to Abbreviations: (.'T- Cooling Tower; IIWT Ilot Water Tank

Director, Special Patt·ogens Laboratory

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 22 of 30

SI I CIAI PATHOGENS I ABORATORY
VA Medical Center University Drive C Pittsburgh, PA 15240
Telel-lhone: (4 I2) 688-6438
Fax: (412) 688-6950
Thursday, May 22, 2003

IIC Information Resources, Inc.
P. O. Bo× 2109 Fallbrook, CA 92088

AT'f N: Matt Freije Phone: (760) 451-I050 Fax: (619) 839-3166

Ext

Sample Taken Frmn: Fituess Room Faucet, Pre-Flush tint Sample Type: Water Sample ID Number: 3-B- 48740 Sample Comments:

Date
Collected: 14 May-03

Test Conducted: Environmental Culture Test-Legionella Test Results: Positive Identification: I.. pneumophila, scrogroups and 3 Concentration: 230 CFU/ml

Date

Received: 15-May-03 'rest Cozmnents: Legione!Ia species, riot pneumophila aslo isolated.

Colony Forming Units (C[,7.j) of Lcgionella per rmlliliter of water· I,imiks of detection are approximately 10 colony fbrrning units per milliliter ofsaraple. Total colony forming units of Legionella per swab. Limits of detection are approximateJy 20 cnlony
forming units per swab.

"U·xinterpretable Culture overgrova· by other bacteria Key to Abbreviatmns: C'I'- Cooling Tower; HWT Ilot Water Tank

D rector, Specia Pathogens Laboratory

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 23 of 30

SI ECIAL PA I IIOGENS LABORATORY
VA Medical Center Urfiversity Drive C Pittsburgh, PA 15240
Telephone: (412) 688 6438 Fax: (412) 688 6950
"Ilnlrsday, May 22,
2{)03

IIC Information Resources, Inc.

Box 2109 Fallbrook, CA 92088

17 O.

ATTN: Mat*, Freije Phone: (760) 451-1050

Ext

Fax: (619) 839-3J.66
Sasnple Taken From: Men's Locker Room Fancet, Prostmp tIot Sa·nple Type: Wate· Sample II) Number: 3-I3- 48741 Date Sample Comments: ILR Left Pre-Flush Collected 14-May-03
Test Conducted: Environmental Culture Test-Legionella Test Results: Positive i,. pneumophila, serogronp 8 Identification: Concentration: 16 CFU/ml

Date
Received: 15-May-03

Test Comments: Legionella species, not pneumophila also isolated.
Colony Forming Units (CFU) of Legione!la per miIIiliter of water. Limits of detection approxiraateIy 10 coIony forming mdts per miliiiiter of sample.

are

Total colony fomfing units of Legionetla per swab. Li·nils of detection are approximately 20 colony tbrrning "mails per swab.

*Uninterpretable Culture overgrown by o·er bacteria Key to Abbreviations: CT- Cooling Tower; IIWT- Hot Water Tank

Janet E. Stout, Ph.D, /[// Microbiologist Director, Special Pathogens Laboratory

V

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 24 of 30

SI I CIAL PATIIOGENS I ABORATORY
VA Medical Center University Drive C Pittsburgh, PA 15240
2'clephone: (412) 688 6438 Fax: {412) 688-6950
Thursday, May 22,
20(13

tIC Information Resources, Inc.

P. O. Box 2109 Fall't·rook, CA 92088

ATTN: Matt Freije
Phone: (760) 45l 1050 Fax: (619) 839-3166

Ext

Sample Taken From: Meu's RR Lobby Sample Type: Water Sample ID Number: 3-B- 48742 Sample Comments:

I,eft

Sink, Pre-Flush tIot

Date
Collected: !4-May 03

Test Conducted: Environmental Culture 'I'cst I.egionella
Test Results: Negative

Identification: Not Applicable Concentration: Not Applicable
Test Coraments:

Date Received: 15-May·03

Colony Forming Units (Ct:I·J) of Lcgionella per milliliter ofwater Limits of detection are approximately 10 colony forming units per milliliter of sample. Tota! colony R)rming uniks of Legionella per swab. Limits of detection are approximately 20 colony farming milts per swab,

*Uninterprelable C"almre overgrown by other bacteria Key to Abbreviations: CT- CooIng Tower HWT IIot Water "Iank

Janet E. Stout, PE.I).

Microbiologist
Director, Special Pathogens Laboratory

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 25 of 30

SPECIAL 1 A I I[()( LNS LAII()IL T()RY
VA Medical Center University Drive C Pittsburgh, PA 15240
Telephone: [412) 688 6438 Fax: (412) 688-6950
"I2mrsday, May 22, 2003

IIC Information Resources, Inc.
P, O. Box 2109

Fallbrook, CA 92088

ATTN: Matt Freije Phone: (760) 451-1050 Fax: (619) 839-3166

Ext

Sample Taken From: Men's I· By Cibola Right Sink, Pre-Flush IIot Sample Type: Water Sample ID Number: 3-B- 48743 Date Sample Comments: Collected: 14-May-03
Test Conducted: Environmental Culture Test-Legionella Test Results: Negative Identification: Not Applicable
Concentration: Not Applicable

Date
Received: 15-May-03

Colony Forming Units (CFU) of Legionella per milliliter of water. Limits of detection approximately 10 colony forming uaits per rnilliliter of sample.

are

Total colony forming units of LegioneIla per swab. Limits ofdetection are approximately 20 colony forming units per swab.

*Uninteq·retable Culture overgrown by other bacteria Key to Abbreviations: CT- Cooli·'·g Tower; ttW'I' lIot Water "Fauk

Janet E. Stout, PI'·.D.

///

Microbiologist Director, Special Pathogens I.aboratory

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 26 of 30

S! ECIAL PATtlOGENS I·ABORATOI·Y
VA Medical Center University Drive C Pittsbuzgh, PA 15240
Teletlhone: (4 !2)
688 6438 Fax: (412) 688-6950
Tllltrsalay, May 22, 2003

tIC Inforrnation Resources, Inc.
P. O, Box 2109 Fallbrook, CA 92088

A'IVI'N: Matt Freije Phone: (760) 451-1050 Fax: (619) 839-3166

Ext

Sample Taken From: Men's Pd,l By Cibola Left Sink, Pre-Flush Cold Sample Type: Water Sample ID Number: 3-B 48744 Date Sample Cornrnents: Collected:

14 May-03

Test Conducted: Envirlmmenta! Culture Test·LegionclIa Test Results: Negative Identification: Not Appiicabie Concentration: Not Applicable

Date
Received: 15-May 03

Colony Forming Units (CFU) ofLegionellapermilliIiterofwater. Lirnitsofdetectionare approxirnateIy 10 cnio:·y forming units per milliliter ofsaruple. *TotaI colony fo·ming milts of Legioeella per swab. I,i·nits of detection are approximately 20 colony forming traits per swab.

*Uninterpretable Culture overgrown by other bacteria Key to Abbreviatioas: CT· Coniing Tower; HWT Hot Water "I'at·k

Janet E. Stout, Ph.D.

Microbiologis·
Director, Special Pathogens Laboratory

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

·

Page 27 of 30

EXHIBIT C

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 28 of 30

IN THE UNITED STATES DISTICT COURT IN THE DISTRICT COURT OF ARIZONA

PHOENIX DIVISION

MARVIN SAPIRO,

and GLORIA

SAPIRO,

his wife,

Plaintiffs

VS.

Case CIV 03

1555

PHX SRB

SUNSTONE HOTEL INVESTORS SUNSTONE HOTEL INVESTORS

LLC)

LP,)

De. f endant s

DEPOSITION OF }]VAN STUDER SAN CLEMENTE,

CALIFORNIA
2005

THURSDAY,

SEPTEMBER 15,

REPORTED BY:
LISA C. CSR NO.

PUETTMANN HAWTON
11368,
176969

CCR NO.

52].

JOB No.

COPY
HSQUIRE
DI{POSITION SERVICHS 8()(]-944 9454

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 29 of 30

Page73
1 2
3

Q

19o you remember who

that person was?

Chief
]i'm

Investment Officer was Mark Mance.
[

sorry,

mean

the Risk Management person.

4 5

You're taxing my memory here.
I00 percent
sure

I think so but

and his name escapes me.
I want to say it's

6
7

My memory is going bad.
Paul.
Q

I can't remember his last name.
As a result of receiving this communication,

8

did Sunstone's senior management take any action?
I0

MR.

KLEIFIELD:

Objection;

foundation,

ii
12
13
]4

irrelevant,

subsequent remedial

measures.

THE WITNESS:
MR.

Going off what I recall?
Yes.
When it was

SCHMIDT:

TIIE WITNESS:

received,

there was,

15 16
17

again,

as

]

recall,
a

we believe we went; out; and

immediately hired

firm to come in and do a testing of

the water system and that was done.

18

We were notified the results and then much
more extensive action took place after that.

19
2O
2]

BY MR.
Q

SCHMIDT:
When you say much more extensive action, what

22
23

do you mean?

A

They closed the hotel down and changed out a
! don·t know if s·gnificant is the right

24

s·gnificant
word,



but we changed out a number of pieces of

ESQUIRI·

DI{POSITION SI{RVICI{S

800 944 9454

Case 2:03-cv-01555-SRB

Document 131-2

Filed 12/05/2005

Page 30 of 30