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)

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EXHIBIT 9 Gary Singh Deposition Excerpts  Pages 9-10 and 84 from the deposition testimony of Gary Singh, taken March 22, 2011. Deposition of Gary Singh / March 22, 2011 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 No. 3519 that was located at 4591 East Belmont in Fresno. Did you operate that station for a period of time? A. No. When I -- when I purchased that place, it was ARCO, not the Beacon. Q. Okay. Did you operate a station -- a gas station at that address, 4591 East Belmont in Fresno? A. Yeah, I am still doing it. Q. Okay. And when did you start operating it? A. 2001. Q. Okay. Do you recall the month? A. In January. Q. Okay. A. I think January 10th. Q. And you have been operating it continuously -A. Yes. Q. -- since that time? A. Yes. Q. All right. And do you own the station? A. I own -- I'm not own the property, but I own the equipment and the building and everything. Q. Okay. And do you own the underground storage tanks? A. Yes. Q. And who owns the property? Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Okay. Q. We may refer back -A. Okay. Q. -- to exhibits we have previously looked at during the course of the day. Have you ever had your deposition taken before? A. No. Q. Okay. I am going to go over some basic ground rules so you understand how we will proceed today. A. Yeah. Q. You understand that you just took an oath to tell the truth -A. Yes. Q. -- and your testimony here is under penalty of perjury as if we were in a court of law. A. Okay. Q. Okay. It is important that the court reporter can clearly type your testimony and any questions or objections that are made. So even if you know what I am going to ask you, allow me to finish my question before you give your answer. Do you understand that? A. Okay. Yes. Q. Okay. And from time to time counsel in the room or on the phone may object to the question being Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. His name Melvin Armey. MR. MASSEY: I have marked as Exhibit 1 a list of service stations in Fresno. And I want to give it to you and have you look at it and tell me if you have worked at any of the other stations that are on this list. (Deposition Exhibit 1 marked for identification) THE WITNESS: That's the one we have, 319245 (sic), that's -- that's the one, we own it. MR. MASSEY: Q. Okay. A. Yes. Q. And that's the third or fourth one on the list? A. That's the third one. Q. Okay. So the only one is the one that we are here to talk about today? A. Yes. Q. Okay. And what do you call the station? A. Now? ARCO Gas and Food. Q. Okay. If I refer to it as "the station," will you understand what I am talking about? A. Yes. Q. Okay. And for exhibits, you want to keep them in front of you. You can just turn them over like that and stack them. Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 asked. If you would wait until those objections are made until you -- to give your answer, that will allow the court reporter to make a clear record. A. Okay. Q. It is also important that you give verbal responses. So if we were talking like a normal conversation, you might nod your head to say yes or no, but here you want to say yes or no, or otherwise give a verbal response to questions. Do you understand that? A. Yes. Q. You are doing great so far. A. Thanks. Q. It is also important that you understand my questions. If you don't, just let me know and I will restate or clarify. A. Okay. Q. We are entitled to your best recollection. That includes if you have partial information, an estimate of some type of information based on what you know. I don't want you to guess if you have no information. A. Okay. Q. I will draw the distinction this way: If I asked you to estimate the size of this table, you could 3 (Pages 9 to 12) DEPOBOOK REPORTING SERVICES, LLC (800) 830-8885 Deposition of Gary Singh / March 22, 2011 Page 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and Groundwater Investigation dated April 6th, 2001, Bates No. RWQCB-FRESNO-16620 through 16760. (Deposition Exhibit 12 marked for identification) MR. MASSEY: You were operating the station by April 6th, 2001; is that correct? A. I think so, yeah. Q. Okay. A. I think 2001 or 2002. I think it is 2001 or 2002. Q. Okay. A. I am not pretty sure it was 2002 or 2001. I have to look at the date. Okay. I am not sure it is 2001 or 2002, because it is in the paper, so -Q. Let's put this exhibit aside just for a second. A. Okay. Q. We are going to use it in a second. But I'll mark as Exhibit 13 an Environmental Health Application which is dated apparently January 9th, 2002. A. Yeah, so that's -- that's the date we probably purchased, 2002, then. (Deposition Exhibit 13 marked for identification) MR. MASSEY: And it has got Bates number FCDEH-FRESNO-17647. Page 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the gas stations? A. No, we were going to operate the gas station, too, I think so, yeah. That's what we still doing since that. Q. Okay. And that was your -- as you recall it, that was the intention from the very beginning? A. Yeah, like it is. Q. Okay. Do you recall at any point in time that Gas-O-Mat Corporation was to remain the underground storage tank owner as is written here? A. I don't know. I am not sure because -whatever the paper say, so it might be this though. Q. Okay. It is your understanding that you bought the buildings and the underground storage tank at the same time to start operating the businesses? A. Yes, I think that's probably the agreement. Yeah. Q. All right. And then at that same time you started leasing the property from Melvin Armey? A. Yeah, but I am not sure who is the owner of the underground tanks and all that because we purchased business from Valero, so I am not sure what comes with it, you know, so -- because before that property owner and Valero have the lease. I don't know how the lease there work. So -- Page 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Have you seen this document before? A. Yeah, that's my handwriting. Q. Okay. Is that your signature on this document? A. Yes. Q. All right. And is this a true and correct copy of the application that you filed on this date? A. Yes. Q. Okay. And it indicates at the bottom, about three-quarters of the page down, ownership change, and then business name change and billing address change. Do you see that? A. Billing address? You are talking about right here? Q. Little bit up a few -- like three lines up from there. A. Yes, this is the ownership change -- yeah, food, gas only, yes. Q. Okay. It says for food only; is that right? A. For food only, yes. Q. Okay. And then it says, "Gas-O-Mat Corp. is to remain UST owner." Do you see that? A. Yes. Q. Okay. Was there some point in your purchase of the equipment and starting operating the site that you were going to just operate the mini-mart and not operate Page 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. You recall you purchased everything from Valero -A. Valero, yeah. Q. -- not from Gas-O-Mat? A. Yeah. Q. So not from Gas-O-Mat, from Valero? A. Yeah. From Beacon or Diamond Shamrock, whatever, no Gas-O-Mat, yes. Q. Okay. Does this document refresh your recollection as to the time frame of your taking over the business? A. Yes. Q. Okay. And what time frame was that? A. I think we take over on the 10th. Q. Of what year? A. 2002. Yeah, before we fill up the application here. Q. Okay. So let's put that aside for now and let's look back at Exhibit 12, which we were just looking at. And if you would turn to Figure 2, which is Bates Page 16633. A. 16663? Q. 16633. This map is similar to the one that we looked at earlier, correct? A. Yes. 21 (Pages 81 to 84) DEPOBOOK REPORTING SERVICES, LLC (800) 830-8885

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