Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
KTR00061

KTR00061

Ratings: (0)|Views: 22 |Likes:
Published by KatrinaDocs

More info:

Published by: KatrinaDocs on Apr 17, 2009
Copyright:Traditional Copyright: All rights reserved

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

06/15/2009

pdf

text

original

 
THEIS, ARTHUR11/8/2007Johns Pendleton Court Reporters800 562-1285Page 1UNITED STATES DISTRICT COURTEASTERN DISTRICT OF LOUISIANAIN RE: KATRINA CANAL BREACHES CIVIL ACTIONCONSOLIDATED LITIGATIONNO. 05-4182and Consolidated Cases"K" (2)JUDGE DUVALMAG. WILKINSON----------------------------------------------ROBINSON CIVIL ACTIONNO. 06-2286VERSUSTHE UNITED STATESVIDEOTAPED DEPOSITION OFARTHUR R. THEIS,688 South Lakeview Drive, Baton Rouge,Louisiana 70810, given in the offices ofLambert & Nelson, 701 Magazine Street, NewOrleans, Louisiana 70130 on Thursday, November8, 2007.
 
THEIS, ARTHUR11/8/2007Johns Pendleton Court Reporters800 562-12852 (Pages 2 to 5)
Page 2
1
APPEARANCES:
2
O'DONNELL & ASSOCIATES(BY: PIERCE O'DONNELL, ESQ.)
3
Suite 1000550 Hope Street
4
Los Angeles, California 90071-2627ATTORNEYS FOR ROBINSON PLAINTIFFS
56
UNITED STATES DEPARTMENT OF JUSTICE
7
TORTS BRANCH, CIVIL DIVISION(BY: ROBIN D. SMITH, ESQ.)
8
DAN BAEZA, ESQ.Room 8095N
9
1331 Pennsylvania Avenue NWWashington, D.C. 20530
10
ATTORNEYS FOR UNITED STATES
11
LAW OFFICES OF JOSEPH M. BRUNO
12
(BY: JOSEPH M. BRUNO, ESQ.)FLORIAN BUCHLER, ESQ.)
13
855 Baronne StreetNew Orleans, Louisiana 70113
14
PLAINTIFF LIAISON COUNSEL
15
-------------------------------
16
ALSO PRESENT IN ATTENDANCE:
17
LAMBERT & NELSON(BY: HUGH LAMBERT, ESQ.
18
LINDA NELSON, ESQ.)701 Magazine Street
19
New Orleans, Louisiana 70130ATTORNEYS FOR THE PLAINTIFFS
2021
VIDEOTAPED BY: John Wadsworth,Hart Video of Louisiana
2223
REPORTED BY: ROGER D. JOHNS, RMR, CRR, CSR
24
Certified Court Reporter,State of Louisiana
25
Page 3
1
S T I P U L A T I O N
2
It is stipulated and agreed by and betweencounsel for the parties hereto
3
that the deposition of the aforementionedwitness is hereby being taken under the
4
Federal Rules of Civil Procedure, for allpurposes, in accordance with law;
5
That the formalities of reading andsigning are not waived;
6
That the formalities of certification andfiling are specifically waived;
7
That all objections, save those as to theform of the question and the responsiveness of 
8
the answer, are hereby reserved until suchtime as this deposition, or any part thereof,
9
may be used or sought to be used in evidence.
10
* * * *
11
ROGER D. JOHNS, RDR, CRR Certified CourtReporter, for the State of Louisiana,
12
officiated in administering the oath to thewitness.
13141516171819202122232425
Page 4
1
I N D E X
2
PAGE
3
Theis Exhibit Number 1...................... 9
4
Theis Exhibit Number 2..................... 10
5
Theis Exhibit Number 3..................... 56
67891011
EXAMINATION BY MR. SMITH:................... 6
12
EXAMINATION BY MR. O'DONNELL:.............. 65
13
EXAMINATION BY MR. SMITH:.................. 74
14
EXAMINATION BY MR. O'DONNELL:.............. 82
1516171819202122232425
Page 5
1
VIDEO OPERATOR:
2
We are on the record. This is
3
the deposition of Arthur Theis and we
4
are at the office of Lambert and
5
Nelson, located at 701 Magazine, New
6
Orleans, Louisiana. This is November
7
8th, 2007. My name is John Wadsworth
8
with Hart Video of Louisiana. The
9
Court Reporter is Roger Johns with
10
Johns Pendleton and Associates.
11
Would Counsel please introduce
12
themselves.
13
MR. SMITH:
14
My name is Robin Smith. I
15
represent the United States.
16
MR. BAEZA:
17
Dan Baeza for the United States.
18
MR. O'DONNELL:
19
Pierce O'Donnell and Hugh Lambert
20
for the Plaintiffs.
21
Mr. BUCHLER:
22
Florian Buchler also for the
23
Plaintiffs.
24
VIDEO OPERATOR:
25
Would the Court Reporter please
 
THEIS, ARTHUR11/8/2007Johns Pendleton Court Reporters800 562-12853 (Pages 6 to 9)
Page 6
1
swear in the witness.
2
ARTHUR R. THEIS,
3
688 South Lakeview Drive, Baton Rouge,
4
Louisiana 70810, after having been duly sworn
5
by the before-mentioned court reporter, did
6
testify as follows:
7
EXAMINATION BY MR. SMITH:
8
Q. Good morning, Mr. Theis.
9
A. Good morning.
10
Q. My name is Robin Smith and I
11
represent the United States in this case and I
12
have come to ask you a few questions today.
13
You understand that you're under oath?
14
A. Yes.
15
Q. And that the Court Reporter is going
16
to be transcribing your testimony and the
17
videographer is going to be making a video
18
recording of your testimony. Do you
19
understand that, sir?
20
A. Yes.
21
Q. Because the Court Reporter is going
22
to be making a written record of your
23
testimony, I would like you to remember and
24
help me by saying "yes" or "no" and giving a
25
verbal response to my questions rather than
Page 7
1
nodding your head. Do you understand?
2
A. Yes.
3
Q. Is there any reason why you're not
4
able to give testimony here today in this
5
matter?
6
A. None that I know of, no, sir.
7
Q. Are you under any medication?
8
A. Yes, I take some medication for
9
heart problems, but nothing serious.
10
Q. It doesn't affect your --
11
A. No.
12
Q. -- ability to recall things --
13
A. No.
14
Q. -- or to understand?
15
A. Other than my I guess Alzheimer's
16
that goes along with my age.
17
MR. O'DONNELL:
18
I have been with him. He's
19
pretty good.
20
EXAMINATION BY MR. SMITH:
21
Q. Well, if you at any time during our
22
time together this morning don't understand a
23
question that I ask you, do you agree to tell
24
me that you don't understand and give me an
25
opportunity to rephrase my question?
Page 8
1
A. Yes, I'll be glad to.
2
Q. Thank you. Do you understand what
3
this case that we're here to take testimony in
4
today is about?
5
A. Yes, I think I know the overall
6
import.
7
Q. What's your understanding of this
8
case?
9
A. Well, it's related to the
10
Mississippi River Gulf Outlet project in
11
Louisiana as related to the flooding
12
associated with Hurricane Katrina and the
13
damage it did to the adjacent areas.
14
Q. And have you been retained by the
15
Plaintiffs in this case to provide
16
professional opinions?
17
A. Yes.
18
Q. When were you retained by the
19
Plaintiffs?
20
A. I don't remember the exact date, but
21
I suspect it was sometime in early September.
22
Q. September of this year?
23
A. Uh-huh (affirmatively).
24
Q. And who were you retained by?
25
A. By Mr. O'Donnell.
Page 9
1
Q. And did he discuss with you at that
2
time what he wanted you to do?
3
A. He discussed that he would like to
4
have a declaration from me based on my
5
knowledge of the Mississippi River Gulf 
6
Outlet, and in particular Reach 2 of the -- as
7
related to the protection along that channel,
8
and information about my background and
9
knowledge of the area.
10
Q. And did you agree to undertake that
11
assignment?
12
A. Yes.
13
Q. And at some point did Mr. O'Donnell
14
ask you to prepare a report?
15
A. He asked me to prepare a
16
declaration, which I did and provided to him I
17
guess about a month ago, something like that.
18
Q. I'm going to hand you what has been
19
marked Theis Exhibit Number 1 for
20
identification and ask whether this is a true
21
copy of the report, the declaration that you
22
prepared for Mr. O'Donnell.
23
A. Yes, it appears to be the
24
declaration and the resume and -- attached to
25
it and the biographical sketch.

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->