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KTR00107

KTR00107

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Published by: KatrinaDocs on Apr 17, 2009
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ALFRED C. NAOMI4/10/2008JOHNS PENDLETON COURT REPORTERS800 562-1285Page 1UNITED STATES DISTRICT COURTEASTERN DISTRICT OF LOUISIANAIN RE: KATRINA CANAL BREACHES CIVIL ACTIONCONSOLIDATED LITIGATION NO. 05-4182 K2JUDGE DUVALPERTAINS TO MAG. WILKINSON(Robinson, No. 06-2268)Deposition of ALFRED CHARLES NAOMI,given at the U.S. Army Corps of Engineers NewOrleans District offices, 7400 Leake Avenue,New Orleans, Louisiana 70118-3651, on April10th, 2008.REPORTED BY:JOSEPH A. FAIRBANKS, JR., CCR, RPRCERTIFIED COURT REPORTER #75005
 
ALFRED C. NAOMI4/10/2008JOHNS PENDLETON COURT REPORTERS800 562-12852 (Pages 2 to 5)
Page 21
APPEARANCES:
2
REPRESENTING THE PLAINTIFFS:
34
LAMBERT AND NELSON
5
(BY: HUGH P. LAMBERT, ESQUIRE)
6
701 Magazine Street
7
New Orleans, Louisiana 70130
8
504-581-1750
9
- and -
10
BRUNO & BRUNO
11
(BY: JOSEPH M. BRUNO, ESQUIRE)
12
(BY: FLORIAN BUCHLER, ESQUIRE)
13
855 Baronne Street
14
New Orleans, Louisiana 70113
15
504-525-1335
16
- and -
17
SHER, GARNER, CAHILL, RICHTER, KLEIN &
18
HILBERT, L.L.C.
19
(BY: R. SCOTT HOGAN, ESQUIRE)
20
909 Poydras Street, 28th Floor
21
New Orleans, Louisiana 70112-1033
22
504-299-2100
232425Page 3
1
- and -
2
GAINSBURGH, BENJAMIN, DAVID, MEUNIER &
3
WARSHAUER, L.L.C.
4
(BY: GERALD E. MEUNIER, ESQUIRE)
5
2800 Energy Centre
6
1100 Poydras Street
7
New Orleans, Louisiana 70163-2800
8
504-522-2304
9
- and -
10
BRIAN A. GILBERT, P.L.C.
11
(BY: BRIAN A. GILBERT, ESQUIRE)
12
821 Baronne Street
13
New Orleans, Louisiana 70113
14
504-885-7700
1516
REPRESENTING THE UNITED STATES OF AMERICA:
17
UNITED STATES DEPARTMENT OF JUSTICE,
18
TORTS BRANCH, CIVIL DIVISION
19
(BY: ROBIN SMITH, ESQUIRE)
20
P.O. Box 888
21
Benjamin Franklin Station
22
Washington, D.C. 20044
23
202-616-4289
2425
Page 4
1
REPRESENTING THE U.S. ARMY CORPS OF ENGINEERS.
2
CORPS OF ENGINEERS, OFFICE OF COUNSEL
3
(BY: JENNIFER LABOURDETTE, ESQUIRE)
4
7400 Leake Avenue
5
New Orleans, Louisiana 70118-3651
6
504-862-2843
78
ALSO PRESENT:
9
CHARLES SUTTON, ESQ.
10
ROBERT B. FISHER, JR., ESQ.
11
RYAN MALONE, ESQ.
12
CHRISTOPHER THATCH, ESQ. (VIA I-DEP)
13
ERIC GOLDBERG, ESQ. (VIA I-DEP)
14
KIRK AURANDT, ESQ. (VIA I-DEP)
15
JUDITH ALMERICO (USACE)
1617
VIDEOGRAPHER:
18
KEN HART (HART VIDEO)
19202122232425
Page 5
1
E X H I B I T I N D E X
23
EXHIBIT NO. PAGE
4
Exhibit A.N. 1 ..............................10
5
Exhibit A.N. 2 ..............................11
6
Exhibit A.N. 3 ..............................25
7
Exhibit A.N. 4 .............................110
8910111213141516171819202122232425
 
ALFRED C. NAOMI4/10/2008JOHNS PENDLETON COURT REPORTERS800 562-12853 (Pages 6 to 9)
Page 6
1
S T I P U L A T I O N
2
IT IS STIPULATED AND AGREED by and
3
among counsel for the parties hereto that the
4
deposition of the aforementioned witness may be
5
taken for all purposes permitted within the
6
Federal Rules of Civil Procedure, in accordance
7
with law, pursuant to notice;
8
That all formalities, save reading
9
and signing of the original transcript by the
10
deponent, are hereby specifically waived;
11
That all objections, save those as to
12
the form of the question and the responsiveness
13
of the answer, are reserved until such time as
14
this deposition, or any part thereof, is used
15
or sought to be used in evidence.
161718
* * *
19202122
JOSEPH A. FAIRBANKS, JR., CCR, RPR,
23
Certified Court Reporter in and for the State
24
of Louisiana, officiated in administering the
25
oath to the witness.
Page 7
1
ALFRED CHARLES NAOMI
2
520 Tallulah Avenue, River Ridge, Louisiana
3
70123, a witness named in the above
4
stipulation, having been first duly sworn, was
5
examined and testified on his oath as follows:
6
MR. SMITH:
7
This deposition will be pursuant
8
to the Federal Rules of Civil
9
Procedure.
10
MR. LAMBERT:
11
Good, that's our usual
12
stipulation. Robin, does that mean
13
we're reserving objections except as
14
to the form?
15
MR. SMITH:
16
That's what it means. That's
17
what the rules say.
18
MR. LAMBERT:
19
Thank you.
20
EXAMINATION BY MR. LAMBERT:
21
Q. Mr. Naomi, my name is Hugh Lambert and
22
I represent the plaintiffs in this matter.
23
A. Uh-huh.
24
Q. I know you've given a deposition
25
before, in this matter, as a matter of fact, in
Page 8
1
the preliminary stages.
2
A. Uh-huh.
3
Q. And I'm going to just give you a
4
couple of reminders about deposition protocol,
5
if you don't mind. One is that you need to
6
answer verbally. Uh-huhs and unh-unhs are okay
7
in regular conversation, but in this room it
8
helps if you say yes and no so that the court
9
reporter can get a clearly indication, he
10
doesn't have to interpret. Okay?
11
A. Okay.
12
Q. All right. Good. The second thing is
13
that we all tend to answer questions that we
14
know the rest of because it helps in
15
conversation to save time. We can't do that
16
here. You need to wait until I'm finished with
17
my question even though sometimes it takes me
18
longer than it should, and I need to wait for
19
you to finish your answers, and my guess is
20
occasionally it will take you longer to answer
21
than it probably should. But that way we'll
22
have a clear record. Okay?
23
A. Sure.
24
Q. Good. The other thing, I usually give
25
this analogy of a birthday cake, and nobody
Page 9
1
likes it but I'm going to do it again. The
2
truth also includes I don't know. In other
3
words, if you don't know, you don't know. But
4
in a situation like this where we're taking a
5
deposition not during trial but in discovery, I
6
may ask you something that you may not know
7
yourself but you have an answer to it. For
8
example, when is the last time you had
9
chocolate cake? In that instance you might not
10
remember that it was July the 6th, 19 -- but
11
you might remember it was the last time you
12
were at a birthday party for your daughter or
13
granddaughter or whatever, and so even though
14
you don't know the exact date you could give me
15
some information that would lead me to find
16
some good evidence.
17
Do you understand that?
18
A. I understand.
19
Q. Okay. So the truthful answer to that
20
would be, I don't know the exact date but, and
21
then you'd give me the what you do know about
22
the answer to the question.
23
Do you understand that?
24
A. I understand.
25
Q. Okay. Good. Now, before the

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