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KTR00073

KTR00073

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Published by: KatrinaDocs on Apr 17, 2009
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06/15/2009

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DAVID VANN STUTTS4/15/2008JOHNS 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 DAVID VANN STUTTS, givenat the U.S. Army Corps of Engineers New OrleansDistrict offices, 7400 Leake Avenue, NewOrleans, Louisiana 70118-3651, on April 15th,2008.REPORTED BY:JOSEPH A. FAIRBANKS, JR., CCR, RPRCERTIFIED COURT REPORTER #75005
 
DAVID VANN STUTTS4/15/2008JOHNS PENDLETON COURT REPORTERS800 562-12852 (Pages 2 to 5)
Page 21
APPEARANCES:
2
REPRESENTING THE PLAINTIFFS:
34
BRUNO & BRUNO
5
(BY: JOSEPH M. BRUNO, ESQUIRE)
6
(BY: FLORIAN BUCHLER, ESQUIRE)
7
855 Baronne Street
8
New Orleans, Louisiana 70113
9
504-525-1335
10
- and -
11
SHER, GARNER, CAHILL, RICHTER, KLEIN &
12
HILBERT, L.L.C.
13
(BY: MATTHEW CLARK, ESQUIRE)
14
909 Poydras Street, 28th Floor
15
New Orleans, Louisiana 70112-1033
16
504-299-2100
17
- and -
18
FRANK C. DUDENHEFER, JR.
19
ATTORNEY AT LAW
20
416 Gravier Street
21
New Orleans, Louisiana 70130
22
504-586-0000
232425Page 3
1
- and -
2
RICHARD M. MARTIN, JR.
3
ATTORNEY AT LAW
4
20 Versailles Boulevard
5
New Orleans, Louisiana 70125
6
504-581-5297
7
- and -
8
THE GILBERT FIRM, LLC
9
(BY: ELISA TARA GILBERT, ESQUIRE)
10
(BY: BRENDAN R. O'BRIEN, ESQUIRE)
11
325 East 57th Street
12
New York, NY 10022
13
212-286-8503
1415
REPRESENTING THE UNITED STATES OF AMERICA:
16
UNITED STATES DEPARTMENT OF JUSTICE,
17
TORTS BRANCH, CIVIL DIVISION
18
(BY: JESSICA SULLIVAN, ESQUIRE)
19
(BY: MICELE GREIF, ESQUIRE)
20
(BY: KARA MILLER, ESQUIRE)
21
P.O. Box 888
22
Benjamin Franklin Station
23
Washington, D.C. 20044
24
202-616-4289
25
Page 4
1
REPRESENTING THE U.S. ARMY CORPS OF ENGINEERS.
2
CORPS OF ENGINEERS, OFFICE OF COUNSEL
3
(BY: DAVID DYER, ESQUIRE)
4
7400 Leake Avenue
5
New Orleans, Louisiana 70118-3651
6
504-862-2843
78
ALSO PRESENT:
9
JOHN ROBERT, ESQ.
10
RYAN MALONE, ESQ.
11
THOMAS P. ANZELMO, ESQ.
12
KEA SHERMAN, ESQ.
13
CHRISTOPHER THATCH, ESQ. (VIA I-DEP)
14
ERIC GOLDBERG, ESQ. (VIA I-DEP)
15
KIRK AURANDT, ESQ. (VIA I-DEP)
16
CHARLES M. LANIER, JR., ESQ. (I-DEP)
17
J. WARREN GARDNER, JR., ESQ. (I-DEP)
1819
VIDEOGRAPHER:
20
GILLEY DELORIMIER (DEPO-VUE)
2122232425
Page 5
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.
 
DAVID VANN STUTTS4/15/2008JOHNS PENDLETON COURT REPORTERS800 562-12853 (Pages 6 to 9)
Page 6
1
DAVID VANN STUTTS
2
724 Harrison Avenue, Metairie, Louisiana 70005,
3
a witness named in the above stipulation,
4
having been first duly sworn, was examined and
5
testified on his oath as follows:
6
EXAMINATION BY MR. BRUNO:
7
Q. Would you say your name for me, so I
8
don't mispronounce it?
9
A. It's David Vann Stutts.
10
Q. Stutts. Okay. Mr. Stutts, thank you
11
so much. Thank you for giving me this little
12
résumé. That will help us get through this.
13
Let's begin, if you don't mind, with your
14
education.
15
A. Okay.
16
Q. We can start with college, obviously.
17
A. I attended the University of New
18
Orleans, called UNO in those days.
19
Q. Right.
20
A. I graduated in engineering sciences
21
and came to work for the Corps of Engineers
22
after graduation, 1968. August, '68, I came to
23
work for the Corps. August the 27th.
24
Q. And when did you graduate?
25
A. Um -- I graduated the summer,
Page 7
1
during --
2
Q. '68?
3
A. Yeah. I actually got out a little
4
earlier, but it was in '68.
5
Q. '68 is close enough. All right.
6
MR. BRUNO:
7
Before we go further, let's see.
8
We've got Chris Thatch and Eric
9
Goldberg logged on to the deposition.
10
A. Okay. I attended Tulane University in
11
the undergraduate program up until '73 when I
12
left to go to Charleston, South Carolina, to
13
work there.
14
EXAMINATION BY MR. BRUNO:
15
Q. Did you receive a degree?
16
A. No, I did not.
17
Q. But it was towards a Master's?
18
A. Towards a Master's, yes.
19
Q. All right. How close did you get?
20
A. About I think about nine hours.
21
Q. All right. Are you a licensed
22
engineer today?
23
A. I am not.
24
Q. You are not. Okay.
25
Was there a particular field within
Page 8
1
engineering science that you had an interest in
2
as opposed to others?
3
A. Yeah. Primarily mechanical.
4
Q. Mechanical. Okay. And over the
5
course of time that you've been working with
6
with the Corps of Engineers, has there been a
7
specialization or a focus?
8
A. Focus was hydrology and hydraulics.
9
Hydraulic design, ultimately. And I started in
10
coastal -- in the coastal engineering section
11
as a coastal engineer --
12
Q. All right. We're going to --
13
A. -- in training.
14
Q. Let me just -- if you don't mind, let
15
me get to that, because I'd like to -- I'm a
16
real simple kind of guy and I like to keep it
17
as basic as possible.
18
We've got this organizational chart --
19
A. Okay.
20
Q. -- that we have been using. It was
21
first used in the Colletti deposition so it's
22
got a mark on it Colletti Number 2. I'm not
23
going to attach it.
24
A. Okay.
25
Q. I just want you to know the reference.
Page 9
1
Colonel Richard Wagenaar is shown as the
2
Commander.
3
A. Okay.
4
Q. Because it doesn't have a date on it.
5
But I've learned from however many depositions
6
I've taken so far, and I've forgotten, this is
7
generally accurate for 2005.
8
A. Okay.
9
Q. Okay? Now, let's see. You first
10
started with the Corps in '68?
11
A. '68.
12
Q. All right. And you worked with the
13
Corps until your first retirement in '05.
14
A. Well, yes, '05. It was December '04,
15
I think.
16
Q. Okay.
17
A. 31, December, I believe.
18
Q. All right. Well, just help me
19
understand -- this is where I got the reference
20
from. If you look at Number 3 on your résumé,
21
it says, from January '05 to October '05,
22
retired.
23
A. Right.
24
Q. It took you ten months to retire, or?
25
A. No, I was --

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