In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 3626

DECLARATION of Connelly in Support re: (157 in 1:04-cv-04973-SAS) MOTION for Summary Judgment for Lack of Evidence Pertaining to Causation.. Document filed by Coastal Eagle Point Company, Coastal Chem, Inc.. (Attachments: #1 Exhibit #01, #2 Exhibit #02, #3 Exhibit #03, #4 Exhibit #04, #5 Exhibit #05, #6 Exhibit #06, #7 Exhibit #07, #8 Exhibit #08, #9 Exhibit #09, #10 Exhibit #10, #11 Exhibit #11, #12 Exhibit #12, #13 Exhibit #13, #14 Exhibit #14)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(Allen, Brent)

EXHIBIT 6
Donald Doyle Deposition Excerpts


Pages 12-13, 18, 21 from the deposition testimony of Donald Doyle, taken April 4, 2011.

Deposition of Donald Doyle

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April 4, 2011
Page 10

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A. Yes.
Q. All right. Sometimes counsel may have
objections. So same rules apply. They have to put on
that on the record for future discussion with the
judge. You can still answer the question but give
them a second to get that on the record so we're not
all stepping on each other's words? Okay?
A. Yes.
Q. Sometimes I'm fuzzy. I may not ask a question
clearly. Tell me if you have a problem understanding
what I am getting at, and I'll try to rephrase. Okay?
A. Yes.
Q. Sometimes we'll be talking about things that
happened a while ago. And so we might talk about a
date or a volume and you might not remember a specific
date or specific amount, but you can probably ball
park.
For example, a year or a decade that kind of
thing. So to the extent you remember something give
us your best recollection, but understand no body
wants you to guess. Okay?
A. Correct.
Q. At the end of the process you do get a written
copy that you can revisit our lovely time together and
enjoy the memories. At that point in time you will be

Page 12

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what you received.
(Exhibit 1 marked and attached.)
A. Yes. This is the same.
Q. Okay. And attached to that -- let' see, was
there a request for documents? I can't remember if
there was or not.
A. Yes.
Q. Did you have any documents in your possession?
A. No, I do not.
Q. All right. Just generally, can you tell us how
far did you go in school?
A. Associate degree.
Q. What was your area of emphasis?
A. Business.
Q. Any courses in chemistry?
A. High school.
Q. And what about any additional training in
hydrogeology?
A. No.
Q. Toxicology?
A. No.
Q. Okay. Any professional licences?
A. Real estate.
Q. Okay. And then let's talk about this station,
the Arco station we began talking about. 4594 East

Page 11
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able to make changes to your testimony if you remember
something, if something is incorrectly transcribed
then you can make those types of changes.
I do caution every witness that depending on the
kinds of changes you make, I or other counsel can
comment on your credibility.
For example, if all of your no answers become
yes answers, somebody might point out that that was a
little fishy.
A. Yes.
Q. Because I have to ask, are you under the
influence of any drugs or alcohol or medication that
would impair your memory or ability to testify?
A. No.
Q. Excellent. We do take breaks, tell me if you
need to stretch your legs or get up, and we can go off
the record. Okay?
A. Yes.
Q. Any questions about the process?
A. No.
Q. The first exhibit I have, I think is a copy of
what you received and you can tell me if that's true.
The notice is on top, but I think what is
attached here is the subpoena.
If you Can check to see if that is the same of

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Tulare, what was your relationship to that station?
A. We purchased it, my wife and I, from Martin
Oil Company. It was probably purchased under the
name -- either been my wife and myself or El Monte
Gas Co., Inc.
Q. Do you remember the year?
A. No.
Q. Okay. Do you know who supplied the gas to that
station?
MS. KLEAVER: Calls for speculation.
BY MS. AUSTIN
Q. That's an example of an objection she's putting
on the record. But you can still answer if you
understand it. I know it's a little awkward.
A. You know, it is. I know we wanted to brand
Exon because that was our brand of choice at the
time. I don't know whether we did that or not. I
don't remember that.
Q. Did you work at the station?
A. No.
Q. Did you lease it out to someone else?
A. Yes. We leased it out to Narinder Singh
Dillon.
THE REPORTER: What was that?
THE WITNESS: Narinder Singh Dillon.

4 (Pages 10 to 13)
DEPOBOOK REPORTING SERVICES, LLC [phone]

Deposition of Donald Doyle

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April 4, 2011
Page 18

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A. They owned the business.
Q. Okay. And then did they lease it out to
someone else?
A. I think they probably had -- may have became a
partner his name is Paul. I don't remember his last
name, but Paul I think was operating the station.
Q. Do you know if that was Paul Wonder Singh?
A. Probably.
Q. Do you know if he was related?
A. You know, I don't think so. But I could be
wrong. He may be a relative.
Q. All right. Down below under the comments it
states that the UGTs, and I'm meaning that to mean the
underground tanks sold to El Monte Gas. And that was
you, right?
A. That's correct.
Q. And the date on this one was May 30th of '95.
Does that sound the like the right date when your
purchased the station?
A. I don't remember. I really don't know.
Q. Okay. Is it -A. But by this. It's probably is true.
Q. I don't want to put words in your mouth. I'm
hoping it refreshes your recollection about the
timing.

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the tanks?
A. It would have been -- well, it would have been
Narinder reporting to me, then I would be responding
to what they told me.
Q. Say you were in the loop?
A. I was in the loop, yes.
Q. Looking at the descriptions of the tanks on the
following pages. It appears that there were four
ten-thousand gallon tanks.
Does that sound right to you?
A. Looks correct.
Q. Okay. And do you know -- you don't know the
date when these were installed; is that correct?
A. No, I don't.
Q. Okay. The next document I have is Exhibit 7.
It is a permit to operate and this is again, for the
same address, and it's listing the owner as El Monte
again.
Do you recall receiving permits to operate that
looks like this document?
(Exhibit 7 was attached and marked.)
A. You know, I don't remember this document.
But, yes, I'm sure we got this. I'm sure -- that
looks correct.
Q. The issue date on this is 1996, and the

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The next Exhibit I have is number 6. And this
is an underground storage tank permit application
again, different names though. This one identifies El
Monte Gas as the tank owner.
Is this familiar to you?
(Exhibit 6 was marked and attached.)
A. Yes.
Q. Okay. The signature at the bottom, do you
recognize that one?
A. That's mine.
Q. Okay. Did you have any responsibility -- I see
that you signed this particular permit application.
Did you have additional responsibilities for
communicating with the county regarding anything
pertaining to the station?
A. At this time I had to of in order -- whatever
this is for, yes.
Q. Okay.
A. Permits for the tanks, yes.
Q. Did you have any involvement in communicating
with the county concerning, for example, upgrades to
the underground storage tanks?
A. If at this time they needed to be done, yes.
Q. Okay. And what about inventory? Did you
communicate with the county regarding the inventory in

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expiration is 1998.
A. '98.
Q. When did you actually operate the station
until?
I didn't ask that very well. How long did you
own the station?
A. I don't remember. We didn't own it very long.
We sold it to Narinder.
Q. Do you know if he still owned it at the
expiration in 1998?
A. No, I don't.
Q. Let's see if this will help us out here.
Sometimes the documents end up telling the story.
A. Well, they are so far.
Q. They are. I appreciate that you recognize a
few in here.
So number 8 this is the underground storage
permit application again, a different form. And this
time it is listing property owner as Kupral and
Narinder Singh. Does this help refresh your
recollection that you resolved these things by May of
1998?
(Exhibit 8 was marked and attached.)
A. That sounds correct. This looks correct.
Q. Flying right through here. Let's see.

6 (Pages 18 to 21)
DEPOBOOK REPORTING SERVICES, LLC [phone]