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041513 Mdl 2179 Am Merge 1 Js Ckd Use This File 8564 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF LOUISIANA 3 4 IN RE: OIL SPILL BY THE OIL RIG * Docket 10-MD-2179 DEEPWATER HORIZON IN THE * 5 GULF OF MEXICO ON APRIL 20, 2010 * Section J * 6 Applies to: * New Orleans, Louisiana * 7 Docket 10-CV-02771, * April 15, 2013 IN RE: THE COMPLAINT AND * 8 PETITION OF TRITON ASSET * LEASING GmbH, et al * 9 * Docket 10-CV-4536, * 10 UNITED STATES OF AMERICA v. * BP EXPLORATION & PRODUCTION, * 11 INC., et al * * 12 * * * * * * * * * * * * * * * * * * 13 14 DAY 27, MORNING SESSION TRANSCRIPT OF NONJURY TRIAL 15 BEFORE THE HONORABLE CARL J. BARBIER UNITED STATES DISTRICT JUDGE 16 17 Appearances : 18 For the Plaintiffs: Domengeaux Wright Roy 19 & Edwards, LLC BY: JAMES P. ROY, ESQ. 20 556 Jefferson Street, Suite 500 Post Office Box 3668 21 Lafayette, Louisiana 70502 22 For the Plaintiffs: Herman Herman & Katz, LLC 23 BY: STEPHEN J. HERMAN, ESQ. 820 O'Keefe Avenue 24 New Orleans, Louisiana 70113 25 OFFICIAL TRANSCRIPT 8565 1 Appearances : 2 For the Plaintiffs: Cunningham Bounds, LLC 3 BY: ROBERT T. CUNNINGHAM, ESQ. 1601 Dauphin Street 4 Mobile, Alabama 36604 5 For the Plaintiffs: Lewis Kullman Sterbcow & Abramson 6 BY: PAUL M. STERBCOW, ESQ. 601 Poydras Street, Suite 2615 7 New Orleans, Louisiana 70130 8 For the Plaintiffs: Breit Drescher Imprevento 9 & Walker, PC BY: JEFFREY A. BREIT, ESQ. 10 600 22nd Street, Suite 402 Virginia Beach, Virginia 23451 11 12 For the Plaintiffs: Leger & Shaw BY: WALTER J. LEGER JR., ESQ. 13 600 Carondelet Street, 9th Floor New Orleans, Louisiana 70130 14 15 For the Plaintiffs: Williams Law Group, LLC BY: CONRAD "DUKE" WILLIAMS, ESQ. 16 435 Corporate Drive, Suite 101 Houma, Louisiana 70360 17 18 For the Plaintiffs: Thornhill Law Firm BY: TOM THORNHILL, ESQ. 19 1308 Ninth Street Slidell, Louisiana 70458 20 21 For the Plaintiffs: deGravelles Palmintier Holthaus & Frugé, LLP 22 BY: JOHN W. DEGRAVELLES, ESQ. 618 Main Street 23 Baton Rouge, Louisiana 70801 24 25 OFFICIAL TRANSCRIPT 8566 1 Appearances : 2 For the Plaintiffs: Williamson & Rusnak 3 BY: JIMMY WILLIAMSON, ESQ. 4310 Yoakum Boulevard 4 Houston, Texas 77006 5 For the Plaintiffs: Irpino Law Firm 6 BY: ANTHONY IRPINO, ESQ. 2216 Magazine Street 7 New Orleans, Louisiana 70130 8 For the United States U.S. Department of Justice 9 of America: Torts Branch, Civil Division BY: R. MICHAEL UNDERHILL, ESQ. 10 450 Golden Gate Avenue 7-5395 Federal Bldg., Box 36028 11 San Francisco, California 94102 12 For the United States U.S. Department of Justice 13 of America: Environment & Natural Resources Environmental Enforcement Section 14 BY: STEVEN O'ROURKE, ESQ. SCOTT CERNICH, ESQ. 15 DEANNA CHANG, ESQ. RACHEL HANKEY, ESQ. 16 A. NATHANIEL CHAKERES, ESQ. Post Office Box 7611 17 Washington, D.C. 20044 18 For the United States U.S. Department of Justice 19 of America: Torts Branch, Civil Division BY: JESSICA McCLELLAN, ESQ. 20 MICHELLE DELEMARRE, ESQ. JESSICA SULLIVAN, ESQ. 21 SHARON SHUTLER, ESQ. MALINDA LAWRENCE, ESQ. 22 Post Office Box 14271 Washington, D.C. 20004 23 24 25 OFFICIAL TRANSCRIPT 8567 1 Appearances : 2 For the United States U.S. Department of Justice 3 of America: Fraud Section Commercial Litigation Branch 4 BY: DANIEL SPIRO, ESQ. KELLEY HAUSER, ESQ. 5 ELIZABETH YOUNG, ESQ. Ben Franklin Station 6 Washington, D.C. 20044 7 For the State of Attorney General of Alabama 8 Alabama: BY: LUTHER STRANGE, ESQ. COREY L. MAZE, ESQ. 9 WINFIELD J. SINCLAIR, ESQ. 500 Dexter Avenue 10 Montgomery, Alabama 36130 11 For the State of Attorney General of Louisiana 12 Louisiana: BY: JAMES D. CALDWELL, ESQ. 1885 North Third Street 13 Post Office Box 94005 Baton Rouge, Louisiana 70804 14 15 For the State of Kanner & Whiteley, LLC Louisiana: BY: ALLAN KANNER, ESQ. 16 DOUGLAS R. KRAUS, ESQ. 701 Camp Street 17 New Orleans, Louisiana 70130 18 For BP Exploration & Liskow & Lewis, APLC 19 Production Inc., BY: DON K. HAYCRAFT, ESQ. BP America Production 701 Poydras Street, Suite 5000 20 Company, BP PLC: New Orleans, Louisiana 70139 21 For BP Exploration & Kirkland & Ellis, LLP 22 Production Inc., BY: J. ANDREW LANGAN, ESQ. BP America Production HARIKLIA "CARRIE" KARIS, ESQ. 23 Company, BP PLC: MATTHEW T. REGAN, ESQ. 300 N. Lasalle 24 Chicago, Illinois 60654 25 OFFICIAL TRANSCRIPT 8568 1 Appearances : 2 For BP Exploration & Covington & Burling, LLP 3 Production Inc., BY: ROBERT C. "MIKE" BROCK, ESQ. BP America Production 1201 Pennsylvania Avenue, NW 4 Company, BP PLC: Washington, D.C. 20004 5 6 For Transocean Holdings Frilot, LLC LLC, Transocean Offshore BY: KERRY J. MILLER, ESQ. 7 Deepwater Drilling Inc., 1100 Poydras Street, Suite 3700 Transocean Deepwater Inc.: New Orleans, Louisiana 70163 8 9 For Transocean Holdings Sutherland Asbill & Brennan, LLP 10 LLC, Transocean Offshore BY: STEVEN L. ROBERTS, ESQ. Deepwater Drilling Inc., RACHEL G. CLINGMAN, ESQ. 11 Transocean Deepwater Inc.: 1001 Fannin Street, Suite 3700 Houston, Texas 77002 12 13 For Transocean Holdings Munger Tolles & Olson, LLP 14 LLC, Transocean Offshore BY: MICHAEL R. DOYEN, ESQ. Deepwater Drilling Inc., BRAD D. BRIAN, ESQ. 15 Transocean Deepwater Inc.: LUIS LI, ESQ. 355 S. Grand Avenue, 35th Floor 16 Los Angeles, California 90071 17 18 For Transocean Holdings Mahtook & Lafleur LLC, Transocean Offshore BY: RICHARD J. HYMEL, ESQ. 19 Deepwater Drilling Inc., 600 Jefferson Street, Suite 1000 Transocean Deepwater Inc.: Post Office Box 3089 20 Lafayette, Louisiana 70501 21 22 For Transocean Holdings Hughes Arrell Kinchen, LLP LLC, Transocean Offshore BY: JOHN KINCHEN, ESQ. 23 Deepwater Drilling Inc., 2211 Norfolk, Suite 1110 Transocean Deepwater Inc.: Houston, Texas 77098 24 25 OFFICIAL TRANSCRIPT 8569 1 Appearances : 2 For Halliburton Energy Godwin Lewis, PC 3 Services, Inc.: BY: DONALD E. GODWIN, ESQ. BRUCE W. BOWMAN JR., ESQ. 4 FLOYD R. HARTLEY JR., ESQ. GAVIN HILL, ESQ. 5 1201 Elm Street, Suite 1700 Dallas, Texas 75270 6 7 8 For Halliburton Energy: Godwin Lewis, PC Services, Inc.: BY: JERRY C. VON STERNBERG, ESQ. 9 1331 Lamar, Suite 1665 Houston, Texas 77010 10 11 12 Official Court Reporter: Jodi Simcox, RMR, FCRR 500 Poydras Street, Room HB-406 13 New Orleans, Louisiana 70130 (504) 589-7780 14 [email protected] 15 16 17 Proceedings recorded by mechanical stenography using computer-aided transcription software. 18 19 20 21 22 23 24 25 OFFICIAL TRANSCRIPT 8570 1 I N D E X 2 Page 3 Alexander John Guide 4 Direct Examination By Ms. Karis: 8574 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OFFICIAL TRANSCRIPT 8571 8:10AM 1 THE DEPUTY CLERK: All rise. 8:10AM 2 THE COURT: Good morning, every one. 8:11AM 3 All right. Before we resume BP's case in chief, 8:11AM 4 do we have any preliminary matters? 8:11AM 5 MR. BRIAN: Yes, Your Honor. Brad Brian for 8:11AM 6 Transocean. 8:11AM 7 We've circulated a list of a single exhibit 8:11AM 8 call-out that we wanted to offer on behalf of Transocean on our 8:11AM 9 cross-examination of Lee Lambert. It's been distributed to 8:11AM 10 counsel with no objections, so I would offer this exhibit to be 8:11AM 11 admitted. 8:11AM 12 THE COURT: All right. Without objection, those are 8:11AM 13 admitted. 8:11AM 14 MR. REGAN: Good morning, Your Honor. Matt Regan on 8:11AM 15 behalf of BP. 8:11AM 16 I have exhibits for four witnesses. They're the 8:11AM 17 exhibits that were offered for Mr. Lambert, Mr. Lirette, 8:11AM 18 Mr. Lewis, all last Wednesday, and then Mr. Zatarain on 8:11AM 19 Thursday. 8:11AM 20 THE COURT: Okay. Are there any remaining objections 8:11AM 21 to these exhibits by BP? 8:11AM 22 Hearing none, those are admitted. 8:11AM 23 MR. REGAN: Thank you, Your Honor. 8:11AM 24 THE COURT: Sure. 8:11AM 25 MS. ANDRE: Good morning, Your Honor, Abby Andre for OFFICIAL TRANSCRIPT 8572 8:12AM 1 the United States. 8:12AM 2 We have a list of exhibits and call-outs used 8:12AM 3 during our cross-examination of Mr. Zatarain. We exchanged 8:12AM 4 them with the parties, and there were no objections. We'd like 8:12AM 5 it offer them into evidence. 8:12AM 6 THE COURT: Are there any remaining objections to the 8:12AM 7 United States' exhibits? 8:12AM 8 Without objection, those are admitted. 8:12AM 9 MS. KARIS: Good morning, Your Honor, Hariklia Karis 8:12AM 10 on behalf of BP. 8:12AM 11 I have a list of exhibits that we circulated for 8:12AM 12 Mr. Shaw. We received no objections, so we would offer them to 8:12AM 13 the Court at this time. 8:12AM 14 THE COURT: Any remaining objections to BP's 8:12AM 15 exhibits? 8:12AM 16 Without objection, those are admitted. 8:12AM 17 MS. KARIS: Thank you, Your Honor. 8:12AM 18 MR. IRPINO: Good morning, Your Honor, Anthony Irpino 8:12AM 19 for the PSC. 8:12AM 20 I have two lists of exhibits, one in connection 8:12AM 21 with the examination of Neil Shaw, the second in connection 8:12AM 22 with the examination of Mr. Zatarain. We have sent both of 8:12AM 23 those lists around to all of the parties. We have received no 8:12AM 24 objections, so we offer, file, and introduce those documents 8:12AM 25 and exhibits into evidence. OFFICIAL TRANSCRIPT 8573 8:12AM 1 THE COURT: All right. Any objections? 8:12AM 2 Hearing none, those are admitted.
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