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KTR00078

KTR00078

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NANCY POWELL4/14/2008JOHNS PENDLETON COURT REPORTERS800 562-1285Page 1UNITED STATES DISTRICT COURTEASTERN DISTRICT OF LOUISIANAIN RE: KATRINA CANAL BREACHES CIVIL ACTIONCONSOLIDATED LITIGATIONNO. 05-4182"K" (2)PERTAINS TO: MRGO-ROBINSON JUDGE DUVALFILED IN: 05-4181, 05-4182, MAG. WILKINSON05-5237, 05-6073, 05-6314,05-6324, 05-6327, 05-6359,06-0225, 06-0886, 06-1885,06-2152, 06-2278, 06-2287,06-2824, 06-4024, 06-4065,06-4066, 06-4389, 06-4634,06-4931, 06-5032, 06-5155,06-5159, 06-5161, 06-5162,06-5260, 06-5771, 06-5786,06-5937, 07-0206, 07-0621,07-1073, 07-1271, 07-1285Videotaped Deposition ofNANCY JEANNE POWELL,3412 Massachusetts Avenue, Kenner, Louisiana70065, taken in the offices of the Corps ofEngineers, 7400 Leake Avenue, New Orleans,Louisiana 70118, on Monday, the 14th day ofApril, 2008.
 
NANCY POWELL4/14/2008JOHNS PENDLETON COURT REPORTERS800 562-12852 (Pages 2 to 5)
Page 2
1
APPEARANCES:
23
LAW OFFICE OF JOSEPH M. BRUNO(BY: JOSEPH M. BRUNO, ESQ.
4
FLORIAN BUCHLER, ESQ.)855 Baronne Street
5
New Orleans, Louisiana 70113PLAINTIFFS LIAISON COUNSEL
67
LAMBERT & NELSON(BY: HUGH P. LAMBERT, ESQ.)
8
701 Magazine StreetNew Orleans, Louisiana 70130
9
ATTORNEYS FOR PLAINTIFFS
10
SHER, GARNER, CAHILL, RICHTER, KLEIN &
11
HILBERT(BY: R. SCOTT HOGAN, ESQ.)
12
909 Poydras StreetSuite 2800
13
New Orleans, Louisiana 70112ATTORNEYS FOR PLAINTIFFS
1415
SUTTON LAW FIRM(BY: CHARLES E. SUTTON, JR., ESQ.
16
Suite 1052101 North Highway 190
17
Covington, Louisiana 70433ATTORNEYS FOR THE BOARD OF
18
COMMISSIONERS FOR THEORLEANS LEVEE DISTRICT
19
(ALSO PRESENT)
20
DUPLASS, ZWAIN, BOURGEOIS, MORTON,
21
PFISTER & WEINSTOCK(BY: RYAN MALONE, ESQ.)
22
Suite 29003838 North Causeway Boulevard
23
Metairie, Louisiana 70002ATTORNEYS FOR THE BOARD OF
24
COMMISSIONERS FOR THE LAKE BORGNEBASIN LEVEE DISTRICT
25
(ALSO PRESENT)
Page 3
1
APPEARANCES CONTINUED:
23
UNITED STATES DEPARTMENT OF JUSTICECIVIL DIVISION
4
TORTS BRANCH(BY: MICHELE GREIF, ESQ.
5
KARA MILLER, ESQ.)Post Office Box 888
6
Benjamin Franklin StationWashington, D.C. 20044
7
ATTORNEYS FOR UNITED STATES
8
BURGLASS & TANKERSLEY
9
(BY: KEA SHERMAN, ESQ.)5213 Airline Drive
10
Metairie, Louisiana 70001ATTORNEYS FOR JEFFERSON PARISH
1112
FRANK LUPO, ESQ.7400 Leake Avenue
13
New Orleans, Louisiana 70118ATTORNEY FOR UNITED STATES ARMY
14
CORPS OF ENGINEERS
15
CHAFFE, MCCALL LLP
16
(BY: ROBERT FISHER, ESQ.JOHN ROBERT, ESQ.)
17
Suite 2300 Energy CenterNew Orleans, Louisiana 70163
18
ATTORNEYS FOR LAFARGE NORTH AMERICA(ALSO PRESENT)
1920
VIDEOTAPED BY:
21
Gilly DelorimierDepo-Vue, Inc.
2223
REPORTED BY:
24
ROGER D. JOHNS, RMR, CRR, RDR, CSRCertified Court Reporter
25
State of Louisiana
Page 4
1
S T I P U L A T I O N
23
It is stipulated and agreed by and between
4
counsel for the parties hereto
5
that the deposition of the aforementioned
6
witness is hereby being taken under the
7
Federal Rules of Civil Procedure, for all
8
purposes, in accordance with law;
9
That the formalities of reading and
10
signing are specifically not waived;
11
That the formalities of certification and
12
filing are specifically waived;
13
That all objections, save those as to the
14
form of the question and the responsiveness of 
15
the answer, are hereby reserved until such
16
time as this deposition, or any part thereof,
17
may be used or sought to be used in evidence.
1819
* * * *
2021
ROGER D. JOHNS, RDR, CRR, Certified Court
22
Reporter for the State of Louisiana,
23
officiated in administering the oath to the
24
witness.
25
Page 5
1
I N D E X
23
PAGE
45
Powell Number 1............................ 13
6
MVD-007-000002668.......................... 44
7
2688....................................... 44
8
Coletti Number 2........................... 48
9
MVD-007-000002526.......................... 97
10
2537....................................... 97
11
Powell 2................................... 98
12
Powell 3.................................. 124
13
Powell 4.................................. 128
141516171819202122232425
 
NANCY POWELL4/14/2008JOHNS PENDLETON COURT REPORTERS800 562-12853 (Pages 6 to 9)
Page 6
1
VIDEO OPERATOR:
2
This is the videotaped deposition
3
of Nancy Powell. This deposition is
4
being taken today at 7400 Leake Avenue
5
in New Orleans, Louisiana on April the
6
14th, 2008. The time is 9:44 A.M.
7
Would Counsel present please
8
introduce themselves.
9
MS. GREIF:
10
Michele Greif for the United
11
States.
12
MS. MILLER:
13
Kara Miller for the United
14
States.
15
MR. LUPO:
16
Frank Lupo, U.S. Army Corps of 
17
Engineers.
18
MR. SUTTON:
19
Charles Sutton, Orleans Levee
20
District, also present.
21
MR. FISHER:
22
Robert Fisher, Lafarge North
23
America, also present.
24
MS. SHERMAN:
25
Kea Sherman, Jefferson Parish.
Page 7
1
MR. MALONE:
2
Ryan Malone on behalf of EJLD and
3
LBLD, also present.
4
MR. HOGAN:
5
Scott Hogan on behalf of 
6
Plaintiffs.
7
MR. LAMBERT:
8
Hugh Lambert on behalf of the
9
Plaintiffs.
10
MR. BUCHLER:
11
Florian Buchler, Plaintiffs.
12
MR. BRUNO:
13
And Joseph Bruno, Plaintiffs
14
Liaison Counsel.
15
VIDEO OPERATOR:
16
Swear the witness, please.
17
NANCY JEANNE POWELL,
18
3412 Massachusetts Avenue, Kenner, Louisiana
19
70065, after being duly sworn, did testify as
20
follows:
21
EXAMINATION BY MR. BRUNO:
22
Q. Good morning, Ms. Powell.
23
A. Morning.
24
Q. My name is Joseph Bruno, again. And
25
the reason why you're lucky enough to have
Page 8
1
been selected for this honor is because your
2
name appears on a witness list which has been
3
filed by the government and your name appears
4
on that witness list as a person that they
5
have suggested to us they may call at the
6
trial. Do you understand that?
7
A. Yes.
8
Q. Okay. Now, they have also indicated
9
the subject matter of your testimony; and they
10
have indicated that the subject matter will be
11
the hydrology of the MRGO. Did you know
12
that?
13
A. No.
14
Q. Okay. Have they discussed with you
15
the testimony that you will be offering at
16
trial?
17
A. No.
18
Q. Well, the reason why I am taking
19
your deposition is because I would like to try
20
to figure out what it is that you're going to
21
say at trial so that I can prepare.
22
Now, I know you gave a deposition
23
in the Tommaseo case and unfortunately we were
24
not able to get a copy of the transcript, so
25
you'll forgive me in advance if we ask some of 
Page 9
1
the same questions. And I don't know what
2
they asked you so I can't avoid it. All
3
right?
4
A. All right.
5
Q. Now, let's start with, since you are
6
going to testify about hydrology, would you
7
tell us --
8
MS. GREIF:
9
Objection.
10
EXAMINATION BY MR. BRUNO:
11
Q. -- what hydrology is? She will --
12
If she doesn't make these objections, she'll
13
get fired.
14
A. Okay.
15
Q. So they makes these objections --
16
A. Fine.
17
Q. -- and the way it work is this. She
18
is protecting the record.
19
A. Uh-huh (affirmatively).
20
Q. And if she doesn't make any
21
objection at all, then somebody might suggest
22
that she didn't --
23
A. Uh-huh (affirmatively).
24
Q. -- preserve the objection. So she's
25
doing that to preserve the objection on the

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