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

Filing 3795

DECLARATION of Brent H. Allen in Support re: (235 in 1:04-cv-04973-SAS) MOTION for Settlement Defendant Coastal Chem, Inc.'s Notice of Motion and Motion for Good Faith Settlement.. Document filed by 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)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(Allen, Brent)

Exhibit 5

David W. Norman, P.E.
Page 1054
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
________________________________________
IN RE: METHYL TERTIARY BUTYL
ETHER ("MTBE")
MDL 1358
PRODUCTS LIABILITY LITIGATION (SAS)
This Document Relates to:
CITY OF FRESNO v. CHEVRON U.S.A.
INC., et al.
Case No. 04 Civ. 04973 (SAS)
_________________________________________/
-- -- -THURSDAY, JUNE 14, 2012
-- -- -Videotaped Deposition of DAVID W. NORMAN,
P.E., VOLUME V, held at the Law Offices of Miller,
Axline & Sawyer, 1050 Fulton Avenue, Suite 100,
Sacramento, California, beginning at 9:11 a.m.,
before Sandra Bunch VanderPol, FAPR, RMR, CRR, CSR #3032
-- -- --

_____________________________________________________
GOLKOW TECHNOLOGIES, INC.
877.370.3377 ph|917.591.5672 fax
[e-mail]

Golkow Technologies, Inc. - 1.877.370.DEPS

David W. Norman, P.E.
Page 1269
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A.

Maybe I can make this a little quicker.

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you don't --

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Q.

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report dated March 5th of 2012.

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A.

Yes.

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Q.

And let's see if I have it marked here.

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is opinion 4, quote, "There is no evidence that any

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COF supply well has been or will be impacted as a

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result of petroleum hydrocarbons released at the

Oh, Tab I is my tab.

Oh,

But it is the rebuttal

It

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site."

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A.

Right.

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Q.

Is that a heading that you pulled out of Sam

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Williams's report?

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A.

That's correct.

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Q.

Are you aware of any evidence that any City

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of Fresno supply well has been impacted as a result

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of petroleum hydrocarbons released at any specific

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site?

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That's a heading.

MS. O'REILLY:

Vague.

Ambiguous.

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Overbroad.

Asked and answered multiple times.

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Argumentative in light of prior answers.

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THE WITNESS:

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MR. ANDERSON:

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THE WITNESS:

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It's a three-part answer.
Okay.
One, we didn't -- we didn't do

that analysis, so I wouldn't have firsthand

Golkow Technologies, Inc. - 1.877.370.DEPS

David W. Norman, P.E.
Page 1270
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knowledge.

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Secondly, I didn't review other experts'

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work on that, so I wouldn't know -- or spoke to them.

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So I don't know if that opinion is held by somebody

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else.

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So I'm not aware of that.
And, third, I guess the only other thing I

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could say is the fact that there is detections in

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some wells indicates that it's there from some

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underground tank.

But beyond that, I couldn't tell

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you which one, no.

And I'm aware of any anybody's

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opinion such that...

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BY MR. ANDERSON:

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Q.

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experts say words to the effect of "contamination at

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one or more of the wells came from one or more of

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these 30 or so stations, but I can't tell you which

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station and match any particular station to any

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particular well."

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been -- that's been stated.

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A.

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I have heard one or more of the plaintiff's

I'm paraphrasing, but that's

Okay.
MS. O'REILLY:

And I'm going to object to

that paraphrase.

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Go ahead.

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BY MR. ANDERSON:

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Q.

From your perspective, is that a true

Golkow Technologies, Inc. - 1.877.370.DEPS

David W. Norman, P.E.
Page 1271
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statement?

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MS. O'REILLY:

Vague.

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Ambiguous.

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if your paraphrase is a true statement?

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Overbroad.

Objection.

MR. ANDERSON:

And -- and are you asking him

No.

Let me ask it straight

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out, then.

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Q.

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released at any particular site that you have looked

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at made its way into any particular City of Fresno or

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Mr. Norman, do you have an opinion that MTBE

Clovis well?

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MS. O'REILLY:

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times.

Vague.

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Asked and answered multiple

Ambiguous.

of designation.

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THE WITNESS:

Exceeds scope

Answer again.

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Overbroad.

Yes, as I said, we didn't

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provide that analysis.

We didn't conduct that

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analysis.

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presence or lack of presence of MTBE in any

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particular City of Fresno well from any particular

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site we looked at.

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BY MR. ANDERSON:

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Q.

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Fresno or City of Clovis supply well will in the

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future be impacted by MTBE released at any particular

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site in the City of Fresno?

So I have no opinion concerning the

Do you have an opinion that any City of

Golkow Technologies, Inc. - 1.877.370.DEPS

David W. Norman, P.E.
Page 1272
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MS. O'REILLY:

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THE WITNESS:

Same objection.
Again, I don't have an expert

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opinion.

But from a general point of view, given

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that MTBE has been detected in some of the wells --

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and there are at least 30 opportunities or 25,

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whatever we recommend additional work for -- I would

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say that that potential certainly exists.

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BY MR. ANDERSON:

9

Q.

Okay.

And you have to agree that the

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potential also exists that MTBE in one or more of the

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Fresno drinking water wells came from a station other

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than the 30 or so that you looked at, right?

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MS. O'REILLY:

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Assumes facts.

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ambiguous.

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Calls for speculation.

Lacks foundation.

Vague and

Overbroad.

THE WITNESS:

Without looking at that

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information from each site, as I said before, I

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couldn't have that opinion, but it is certainly a

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possibility.

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BY MR. ANDERSON:

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Q.

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at 4205 East Butler.

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Exhibit 28.

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Let's turn to Family Express Food & Liquor
And I believe it is your

I have a reference -- and I think it may
have come from your report -- that indicates words to

Golkow Technologies, Inc. - 1.877.370.DEPS

David W. Norman, P.E.
Page 1300
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ACKNOWLEDGMENT OF DEPONENT
I,_____________________, do
hereby certify that I have read the
foregoing pages, and that the same
is a correct transcription of the answers
given by me to the questions therein
propounded, except for the corrections or
changes in form or substance, if any,
noted in the attached Errata Sheet.
_______________________________________
DAVID W. NORMAN, P.E.
DATE

Subscribed and sworn
to before me this
_____ day of ______________, 20____.

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My commission expires:______________
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____________________________________
Notary Public

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Golkow Technologies, Inc. - 1.877.370.DEPS

David W. Norman, P.E.
Page 1302
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CERTIFICATE OF REPORTER

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I, SANDRA BUNCH VANDER POL, a Certified

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Shorthand Reporter, hereby certify that the witness

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in the foregoing deposition was by me duly sworn to

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tell the truth, the whole truth and nothing but the

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truth in the within-entitled cause;

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That said deposition was taken down in

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shorthand by me, a disinterested person, at the time

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and place therein stated, and that the testimony of

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the said witness was thereafter reduced to

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typewriting, by computer, under my direction and

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supervision;

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That before completion of the deposition,

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review of the transcript was requested.

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requested, any changes made by the deponent (and

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provided to the reporter) during the period allowed

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are appended hereto.

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If

I further certify that I am not of counsel or

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attorney for either or any of the parties to the said

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deposition, nor in any way interested in the event of

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this cause, and that I am not related to any of the

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parties thereto.

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DATED:

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________________________________
SANDRA BUNCH VANDER POL, CSR #3032

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Golkow Technologies, Inc. - 1.877.370.DEPS