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Case 1:05-cv-01119-SGB Document 51-9 Filed 11/30/2007 Page 1 of 94

MOTION AND INCORPORATED MEMORANDUM



EXHIBIT 3

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IN THE UNITED STATES COURT
OF FEDERAL CLAIMS



ROCCO TOMMASEO, ET AL

1:05-CV-1119 SGB
VERSUS
THE UNITED STATES


Deposition of BRAD ROBIN, 8007 East St.
Bernard Highway, St. Bernard, Louisiana
70085, taken in the offices of F. Gerald
Maples, P.A., 902 Julia Street, New Orleans,
Louisiana 70113, on Friday, the 24th of
August, 2007.

APPEARANCES:
F. GERALD MAPLES, P.A.
(By: Carlos A. Zelaya, II, Esq. and
Stephen M. Wiles, Esq.)
902 Julia Street
New Orleans, Louisiana 70113
ATTORNEYS FOR PLAINTIFFS

U.S. DEPARTMENT OF JUSTICE
Environment & Natural Resources Division
(By: Fred R. Disheroon, Esq.)
Post Office Box 7397
Washington, D.C. 20044-7397

ATTORNEYS FOR DEFENDANTS




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APPEARANCES CONTINUED:

ALSO PRESENT:
Michael Caracciola, Videographer

REPORTED BY:
GRETCHEN ALEXANDER, CCR, RPR
CERTIFIED COURT REPORTER

* * *
EXAMINATION INDEX
Page
EXAMINATION BY MR. ZELAYA ......... 10
EXAMINATION BY MR. DISHEROON ...... 83
EXAMINATION BY MR. ZELAYA ......... 89

* * *
INDEX OF EXHIBITS
Page
Exhibit No. 1 .................... 35
FEMA Louisiana Hurricane Katrina Surge
Inundation and Advisory Base Flood Elevation
Map Panel Index, St. Bernard Parish
Exhibit No. 2 .................... 42
FEMA Map No. LA-BB40
Exhibit No. 3 .................... 44
FEMA Map No. LA-AA40

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Exhibit No. 4 .................... 46
FEMA Map No. LA-AA41
Exhibit No. 5 .................... 47
FEMA Map No. LA-AA42
Exhibit No. 6 .................... 48
FEMA Map No. LA-Z40
Exhibit No. 7 .................... 48
FEMA Map No. LA-Z41
Exhibit No. 8 .................... 48
FEMA Map No. LA-Z42
Exhibit No. 9 .................... 49
FEMA Map No. LA-Z43
Exhibit No. 10 ................... 49
FEMA Map No. LA-Z44
Exhibit No. 11 ................... 49
FEMA Map No. LA-Z44
Exhibit No. 12 ................... 50
FEMA Map No. LA-Y42
Exhibit No. 13 ................... 50
FEMA Map No. LA-X41
Exhibit No. 14 ................... 51
FEMA Map No. LA-X45
Exhibit No. 15 ................... 51
FEMA Map No. LA-BB36


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Exhibit No. 16 ................... 51
FEMA Map No. LA-Z37
Exhibit No. 17 ................... 51
FEMA Map No. LA-Z38
Exhibit No. 18 ................... 52
FEMA Map No. LA-Z39
Exhibit No. 19 ................... 52
FEMA Map No. LA-AA37
Exhibit No. 20 ................... 52
FEMA Map No. LA-AA38
Exhibit No. 21 ................... 52
FEMA Map No. LA-AA39
Exhibit No. 22 ................... 52
FEMA Map No. LA-BB37
Exhibit No. 23 ................... 52
FEMA Map No. LA-BB37
Exhibit No. 24 ................... 52
FEMA Map No. LA-BB38
Exhibit No. 25 ................... 52
FEMA Map No. LA-BB39
Exhibit No. 26 ................... 52
FEMA Map No. LA-CC39
Exhibit No. 27 ................... 53
FEMA Map No. LA-CC38


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Exhibit No. 28 ................... 53
FEMA Map No. LA-CC37
Exhibit No. 29 ................... 53
FEMA Map No. LA-CC36
Exhibit No. 30 ................... 53
FEMA Map No. LA-CC34
Exhibit No. 31 ................... 53
FEMA Map No. LA-CC33
Exhibit No. 32 ................... 53
FEMA Map No. LA-DD37
Exhibit No. 33 ................... 53
FEMA Map No. LA-DD36
Exhibit No. 34 ................... 53
FEMA Map No. LA-DD35
Exhibit No. 35 ................... 53
FEMA Map No. LA-DD34
Exhibit No. 36 ................... 53
FEMA Map No. LA-DD33
Exhibit No. 37 ................... 60
St. Bernard Parish Clerk of Court property
transfer document No. 441064
Exhibit No. 38 ................... 62
St. Bernard Parish Clerk of Court property
transfer document No. 441067


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Exhibit No. 39 ................... 64
St. Bernard Parish Clerk of Court property
transfer document No. 441070
Exhibit No. 40 ................... 65
St. Bernard Parish Clerk of Court property
transfer document No. 441073
Exhibit No. 41 ................... 67
St. Bernard Parish property sale document
Exhibit No. 42 ................... 69
Tax Assessor's Office printout for 2324
Florissant
Exhibit No. 43 ................... 70
Tax Assessor's Office printout for 8007 E.
St. Bernard Hwy.
Exhibit No. 44 ................... 71
Tax Assessor's Office printout for 2324
Florissant
Exhibit No. 45 ................... 71
Tax Assessor's Office printout for 2324
Florissant
Exhibit No. 46 ................... 71
Tax Assessor's Office printout for 2324
Florissant



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Exhibit No. 47 ................... 72
Tax Assessor's Office printout for 2324
Florissant
Exhibit No. 48 ................... 72
Act of Sale and Assumption, Vic Molero
Seafood, Inc. to Brad Robin, et als




















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S T I P U L A T I O N

It is stipulated and agreed by and
between counsel for the parties hereto that
the deposition of the aforementioned witness
is hereby being taken for all purposes
allowed under the Federal Rules of Civil
Procedure, in accordance with law, pursuant
to notice;
That the formalities of reading
and signing are specifically not waived;
That the formalities of sealing,
certification and filing are specifically
waived;
That all objections, save those as
to the form of the question and the
responsiveness of the answer, are hereby
reserved until such time as this deposition,
or any part thereof, may be used or sought
to be used in evidence.
* * * *
GRETCHEN ALEXANDER, Certified Court
Reporter in and for the State of Louisiana,
officiated in administering the oath to the
witness.

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* * * *
THE VIDEOGRAPHER:
Today is the 23rd day of August,
2007. The time is approximately 10:23 a.m.
This is the videotaped deposition of
Mr. Brad Robin taken at the offices of
Gerald Maples located at 902 Julia Street,
New Orleans, Louisiana, case entitled Rocco
Tommaseo versus United States -- et al --
versus United States in the United States
Court of Federal Claims, Cause
No. 1:05-CV-1119SGB.
Will counsel please identify
themselves and which party they represent.
MR. ZELAYA:
Carlos Zelaya and Stephen Wiles on
behalf of the plaintiffs.
MR. DISHEROON:
And Fred Disheroon on behalf of
the United States.
MR. ZELAYA:
And a correction, at the beginning
you indicated today is the 23rd. However, I
believe today is the 24th of August.
THE VIDEOGRAPHER:

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Sorry. It is.
Would you swear the witness,
please.
BRAD ROBIN,
after having been first duly sworn by the
above-mentioned court reporter, did
testify as follows:
EXAMINATION BY MR. ZELAYA:
Q Good morning, Mr. Robin. This is
Carlos Zelaya. Would you please give us
your full name and address for the record.
A Brad L. Robin, 8007 East
St. Bernard, St. Bernard, Louisiana 70085.
Q And where is that address relative
to the city of New Orleans or Chalmette,
Louisiana?
A South, 30 miles south. It's a
little town called Poydras.
Q And by way of background,
Mr. Robin, how long have you lived in
St. Bernard Parish?
A All my life.
Q What do you do professionally?
A I'm a commercial fisherman, a
seafood dealer, processor.

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Q And what type of commercial
fishing do you engage in?
A Right now is strictly oysters, but
I've done oysters, fish, shrimp, crabs,
everything.
Q And in the course of working as a
commercial fisherman, what waters have you
engaged in fishing in?
A St. Bernard, Orleans, St. Bernard,
Plaquemines.
Q Are you familiar with the
waterways of St. Bernard Parish?
A Yes, sir.
Q Now, by way of your personal
background, are you married?
A Yes, sir.
Q Do you have any children?
A Yes, sir.
Q How many?
A I have two, a little boy -- son,
25; daughter, 15.
Q And does your son work with you in
the commercial fishing operation?
A Yes. He went to college and got a
degree and came back, and he's got his own

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vessel and works under us.
Q And is this a family-type
business?
A Fourth generation fishing, third
generation in the business.
Q Are you familiar with what I will
refer to as the MRGO, but I'm going to use
that nomenclature to refer to the
Mississippi River Gulf Outlet?
A Yes, very familiar.
Q And is that something that you've
been aware of and use to travel in and out
the waterways of St. Bernard Parish?
A Yes, sir.
Q By way of background, can you
describe for us what the MRGO looked like
when you were younger?
A When --
MR. DISHEROON:
Object to the time. If you could
give a little more specific reference.
MR. ZELAYA:
I'm going to let Mr. Robin give us
the time frame.
EXAMINATION BY MR. ZELAYA:

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Q But give us just the history of
what you observed or knew the MRGO to be
when you were --
A In the beginning, in the early --
in the mid '60s when it was finished, I
mean, I was a young kid, but I remember us
pulling the cypress trees and that out of
there when it was dug, and it was fairly --
within 500 feet.
Q And the 500-foot reference you're
making, what is that describing?
A From one end to the other where
the beacons were, where the beacons were.
Q And your point of reference,
referring to beacons?
MR. DISHEROON:
To be clear, he said from one end
to the other.
Do you mean laterally?
THE WITNESS:
Width.
MR. DISHEROON:
Across?
THE WITNESS:
Width, across.

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MR. DISHEROON:
Thank you.
EXAMINATION BY MR. ZELAYA:
Q And what beacons are you referring
to?
A The starboard and the port, the
green and red that's going down the
Mississippi Gulf Outlet.
Q And are those the beacons near
Shell Beach?
A Yes.
Q And where is Shell Beach relative
to where you worked in lower St. Bernard?
A Probably a mile away, now less
than that, because in the beginning before
when Shell Beach was along the lake and when
they -- we used to drive to the lake, and
when -- well, I never drove, but I drove
with my family to the lake, and then they
cut the channel.
They moved the people from the
lake, Shell Beach to Yscloskey and moved it
in closer. So you're looking -- now it's
probably only a half a mile from my
business.

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Q Okay. With regard to the
condition of the MRGO in more recent times,
and for the reference, I'm going to say from
2000 forward -- has there been a change in
the width that you described as being
500 feet in the '60s?
A Substantial. I mean, it's --
Shell Beach, 2,000 feet.
Q And that's -- again, you're
referring to shore to shore of the width of
the --
A The width, 2,000 feet.
Q Now, did that come about, the
change in the width of the MRGO, did that
come about suddenly or was it gradual over
time?
A It's gradually. It's gradually
changing steady.
Q Okay. Now, would you also
describe for me going back to the period of
time in the late '60s, early '70s what type
of vegetation or marshland existed in lower
St. Bernard? And I'm referring to
Yscloskey, Shell Beach, and that area.
A They had a lot of cypress trees, a

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lot of big oak trees, willow trees that was
around in the swamp and in the -- we call
the marsh. When we were kids riding
four-wheelers and stuff back in those areas,
and where we could have, now there's
nothing, but it's marshland. It's swamp
now.
The hills, what we called hills,
was the levees that were built when they dug
the canals and stuff like that and the
vege -- the trees grew on top of that. All
was green and pretty, shady. Now that's
gone too.
Q Okay. Were you familiar with the
existence of cypress swamps or marshes along
Paris Road in Chalmette?
A Yes.
Q And did that exist in terms of
having swamp -- strike that -- in terms of
having cypress trees and marsh grasses along
St. Bernard during the period of the late
'60s and early '70s?
A Yes.
Q And how is that area today?
A It's dead. There's no -- there's

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no -- the remains of the cypress trees are
there, the stumps and that, but there's no
more vegetation up there. There's no --
there's no trees, no green grass, nothing.
Q Now, those changes that you've
described from the period of the late '60s
through today with regards to the trees, the
cypress trees, the marsh grasses, again, is
that something that happened suddenly or was
it gradual over time?
A Gradually.
Q Okay. Now, in the course of your
work as an oyster fisherman, are you
familiar with water salinity?
A Yes.
Q And have you observed changes in
terms of the water salinity in connection
with the MRGO?
A Yes. In the business we do,
producing oysters, you got to watch the --
oysters is an animal that can't have both of
each. It's got to have a mixture of fresh
and salt.
And when they -- it destroyed some
of our grounds on the outside by putting it

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too salty. The salinity went up too high,
and it just -- we had to change, reroute how
we worked.
Q And again, is that something --
those changes in the salinity levels, was
that something that was sudden or something
that occurred gradually over time?
A Gradually.
Q Okay. With regards to flooding --
and I'm going to use that term -- and the
time reference rather, going from 2000 until
today, have you observed occasions when
there's been flooding in St. Bernard Parish?
A Yes.
Q Now, is there a point of reference
in time or by an event when you've noticed
an increase in the frequency of flooding?
A Before in the lower part of
St. Bernard we would need a hurricane to get
water on our property or our land or our
parking lot where our building and facility
was.
Now we watch the northeast winds,
strong winds. If we have a wind for two or
three days, we have a problem. We have to

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start to get our vehicles out and some of
the equipment before the road starts to
flood.
And that's something we have
never -- in the time have never seen except
for a disturbance, something in the Gulf.
Q Okay. Were you familiar with the
passage of Hurricane Katrina?
A Yes.
Q And would you tell us what
precautions or steps you took prior to the
passage of Hurricane Katrina, and then what
did you do personally in connection with the
passage of Hurricane Katrina?
A We prepared to -- for Hurricane
Katrina we took all our vessels and brought
them into a harbor into -- which is in the
middle of Violet. It's a canal, Violet
Canal.
It has a set of locks with the
levee on one side, and the levee -- there's
levees on both sides, but that's the harbor
we have in the St. Bernard area where
there's still some trees, vegeta -- trees
that are still in that one little slip.

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And that's where we bring all our
big boats, all our boats in there. And then
we take our 18-wheelers and everything else
and bring them into a little higher part of
St. Bernard levee, which is the middle of
Judge Perez, prepare for stuff like that.
Q Okay. Did you observe flooding
upon the passage of Hurricane Katrina?
A I've never seen nothing as
devastating as that as far as flooding. My
home in St. Bernard is the highest part of
St. Bernard. And the statistics, when the
crevasse was broke, they built a ridge, a
ridge of oak trees, and my home is on that
ridge.
And I had 29 inches of water in my
home in St. Bernard, and that's -- and it's
the history of -- the town of St. Bernard
never had water.
Q I'm going to give you another
point of reference. Do you recall the
passage of a hurricane in 2002 by the name
of Hurricane Lili?
A Yes.
Q And do you recall where the center

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of Hurricane Lili came aground?
A I -- when a hurricane hits the
Gulf, we really -- we monitor kind of
because our livelihood and our life is in
jeopardy with stuff like that.
But we watched it closely, and it
turned in and went into more of Intracoastal
City, I think, towards way down west where
it turned in.
But the water in Yscloskey, I've
never had my building, my facility where I
had my processing plant, I've never had
water in my building, and I had water on top
of it for Lili.
Q And on top of what?
A My slab in my building, by my
building.
Q And how high was that slab?
A You're looking at probably 6 foot
above the road.
Q You testified earlier that in the
past it used to require a hurricane event
striking our area for there to get water on
the road and on your property, and that has
changed. Did that change occur after the

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passage of Hurricane Lili?
A I've noticed more and more, more
and more water coming in now than ever
before, you know. We never had the
problem -- like I said before, we never had
a problem with water.
You know, we live in a low area,
but we've never had water except for a
hurricane. Now, since Lili and since that
we -- my opinion, we're sinking. We are --
we're having water, a lot, occasionally.
Q And when you have water, you said
it's not just the passage of a hurricane
now. What type of weather events bring the
water that you've described?
A The northeast wind comes in. You
know, where our facility is and where our
campsite where our home was where I was born
and raised, my backyard was a field. It was
a field.
When I was a kid we played
baseball. My father and them used to play
baseball, and we used to ride cars in this
field through the hills and the little
levees in the back side.

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Now, a northeast wind, that's a
lagoon. It's water. It's nothing but
water. That's never been -- you know, I
mean, it's amazing -- it's amazing now you
look at that.
Before I used to be able to take
my boat to go recreation fishing and watch
the canals. Now I don't -- I just about can
go. With a northeast wind, I can almost
leave my backyard and go fishing across the
marsh.
Q And you're talking about the
backyard of what property?
A 2324 Yscloskey. Now it's 2324
Florissant Highway. But as a kid, that's
where we used to play, trap on those back
ridges. Now you can't even ride a
four-wheeler back there.
Q You've also described the area,
and where the MRGO is you've made reference
to some beacons. Today, where are those
beacons relative to the shore?
A Well, before we used to run --
before when we'd run our boats, we'd run
down the beacons. Now we run outside the

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beacons. We run in between the shore and
the beacons with maybe 1,000, no less than
500 feet some places. We'd run on the
inside from the beacon to the bank.
Q And those beacons, again, those
used to be --
A Those beacons were on land when it
was built.
Q And you're referring to the
construction of the MRGO?
A Correct.
Q And that period of time was the
late '60s?
A Yes. And the beacons are still in
the same place.
Q And that change has been the
widening of the width of the MRGO that you
described earlier from 500 feet?
A That's correct, from 500 feet
to -- I would say go as far as 2,500 feet.
Q Okay. Now, going back to the
passage of Hurricane Katrina, you've
described the water associated with that.
Was there also water associated with the
passage of Hurricane Rita?

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A Yes. We had, I would say, 8 to
10 feet on the bottom in the lower part of
St. Bernard.
Q And again, did that impact your
property?
A Yes. Paris Road -- I left for
Rita to come in to go to Mississippi. And
my boats, we brought them from Violet Canal
to Paris Road, and they had to pull my boats
off the dock at Paris Road.
I would say the water come up at
Paris Road -- to get my boats into the dock,
it came up 5 feet. A crew boat pulled them
off for us.
Q Now, prior to the passages of
hurricanes Katrina and Rita, which were in
2005, do you recall the passage of Hurricane
Ivan in 2004?
A Yes.
Q And tell us what types of
observations you made in connection with the
passage of that hurricane in terms of the
water.
A The water, like I said, when a
hurricane hits the Gulf, we prepare

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everything and bring -- at all our
facilities and what we can, load up
everything in our 18-wheelers and help
anybody else that needs to load, and we run
them to high water -- high ground.
And because now it takes -- it
don't take much to get 4 foot of water in
Yscloskey, roadwise, and it don't have to be
a direct hit. And that's what's really
scary about the situation now.
Q Do you recall other tropical
storms or hurricane events from the passage
of Lili through the passage of Hurricane
Katrina?
A Yes.
Q Which other ones do you recall?
A I mean, namewise, I don't know.
Everyone that came in -- and I think one
year we had three of them that come that we
had to leave the town -- you know, town of
Yscloskey three times, all the way up into
January we left.
And I don't know the year -- I
don't know the names of them. The ones that
recall me more is Lili, you know, and Ivan

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recall me. But before that, everyone else
gave us a devastation.
But I do know now of Hurricane
Katrina, the hills in these canals that we'd
run out to our oyster grounds and stuff like
that, when I went out there after the
hurricane and checked our grounds, the
ridges that the trees left, I was amazed to
see there was no more ridges for Katrina.
And I'm -- and they were high,
high enough to slow down water. But now
there's no more ridges and no more trees.
Marsh.
Q Mr. Robin, you've described the
property that you and your family owned
where you operate your business on Yscloskey
Highway, now Florissant Highway?
A Yes, sir.
Q What is the address for the
business?
A The address -- the physical
address of the business is 2328 Florissant
Highway.
Q And do you and your family own
other property in that immediate area?

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A We own several, several properties
in that area.
Q What properties are those? Just
give us the addresses, please.
A We own 23 -- 2316, 2320, 2324,
2328, 2325. That's all different addresses,
which is -- comes up to maybe eight lots in
the Yscloskey, one area where we have
campsites that -- recreational people.
My business is on five lots, 2328,
which has -- had an icehouse, processing
plant, fuel dock, unloading dock, stuff like
that on it, which is not there.
Have -- in Hopedale I have eight
lots, and I can't think of the address of
it.
We lost all of our paperwork for
the hurricane. We lost everything, but --
and we're trying to reestablish the address
that it have there, and we're having a
little difficulty with the courthouse
because they lost everything too.
Q I understand that. I'm familiar
with that.
The properties that you've

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described, are those held in -- by you and
your family either individually or through
various companies?
A Correct.
Q And what are the names of the
companies?
A I have Robin Seafood. I have
Yscloskey -- Robin's Holding -- Capital
Robin Holding, Yscloskey Development 1,
Yscloskey Development 2, Yscloskey
Development 3, Yscloskey Development 4.
I have property under Don Robin,
Brad Robin that's in Yscloskey that's not --
that's not -- I think you might have some of
it there.
I have property in Delacroix
Island, another eight lots in Delacroix
Island that don't have an address.
That's -- your lots are normally 50 by 150
or 50 by 450, and they're all waterfront
lots.
Q Are all of these properties now
susceptible to the repeat flooding that
you've described that occurs on a regular
basis after the passage of Hurricane Lili?

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A Correct. And we also have our
residence in St. Bernard.
Q And you've described those as
being in Poydras, correct?
A Mine's is in Poydras. Don's is in
Poydras, and Edward Robin's is Kenner -- no,
Kenilworth, Kenilworth.
MR. ZELAYA:
I have a map that may just help
give us some reference. And, Mr. Disheroon,
if you'd like to take a look at that, that
will help certainly give you some
perspective so you can make reference to
these little townships we've described.
EXAMINATION BY MR. ZELAYA:
Q I'm going to show this to you,
Mr. Robin. Take a look at that. Give
yourself a moment to familiarize yourself
with the appropriate landmarks.
A Okay.
Q If you would, just mark the areas
where your properties are located that
you've just described.
A Well --
Q And I think you made reference to

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Kenilworth and you made reference to
Poydras. You can just circle those names if
they're already on the map.
A On this map, and it's very true,
the town we call Yscloskey is Alluvial City.
It's not Yscloskey -- it's Yscloskey, but on
this map it's Alluvial City.
And if you look under a GPS system
of the St. Bernard Parish, it is Alluvial
City where my business and that -- I own in
there, and Yscloskey, Hopedale.
Q And just so the record's clear,
what you're saying is Alluvial City and
Yscloskey represent the same location,
correct?
A It's the same location. It's --
you blink, and you pass two of them.
Q Okay. Thank you, Mr. Robin.
MR. ZELAYA:
Mr. Disheroon, just so you can
have reference as well, I'm going to show
you what Mr. Robin has marked as Hopedale,
Alluvial City, which is also known as
Yscloskey, coming further toward the city.
This is Kenilworth, and then this way here

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is Poydras.
EXAMINATION BY MR. ZELAYA:
Q And just, Mr. Robin, I know having
some familiarity with this, you've also
marked a property close to Delacroix?
A Correct.
Q And that's also a place where you
and your family own property, correct?
A Correct.
Q With regards to the properties in
Alluvial City, are those the properties that
are immediately adjacent to each other?
A Yes. 23 -- 2316 to 2328 is
adjacent to one another, and then you skip a
little space, and you jump into 23 -- 2428.
Q And those properties are held by
your businesses, Robin Seafood Company and
the Robin Yscloskey Development entities,
correct?
A Correct.
Q And do you also own any property
near Big Mar Lake?
A We have -- we had 1,000 acres that
we had a lease on that we got an option to
buy with that the railroad announced,

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500 acres.
Q And if you could -- I don't think
you've marked on the map yet -- would you
mark that property as well.
A I see the Big Mar, but I don't see
Braithwaite. It's located in Braithwaite.
I don't see it on that -- I see Poydras, but
I don't see Braithwaite.
Q Okay. If you don't mind, will you
just put that mark. Just write in the word
Braithwaite. That way we'll know which one
you're referring to.
A Okay.
Q What is the condition of that land
that you've just identified near
Braithwaite?
A The -- it was the trees and
that -- the vegetable and the trees is -- we
have a hunting land, and the trees and that
was just unbelievable, the oak trees and the
trees that was in that area.
And now I would say 30 percent of
the trees are laid down, and we tried to dig
a pit or tried to dig a pond in there. And
before the hurricane we had a survey that it

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was -- if I ain't mistaken, it was done. It
was 80 percent dry and 20 percent wet, and
now it turned.
Q Okay. And which hurricane are you
referring to?
A Katrina and Rita, both.
Q And that's when that change
occurred from 80 percent dry to --
A Yes.
Q -- 80 percent wet --
A Right.
Q -- is that correct?
A Because that land there, water
came in and stood the longest for Katrina
and then right after came in, and water
stood another seven days for Rita.
Q How long did the water stand for
the passage of Hurricane Katrina?
A I'd say it stood seven days or so.
MR. ZELAYA:
In connection with Mr. Robin's
testimony, I would like to offer this
exhibit as Exhibit 1.
If you don't mind, I'd like to
take maybe a five-minute break just to look

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at these maps.
THE VIDEOGRAPHER:
Off the record at 10:55 a.m.
(Recess taken.)
THE VIDEOGRAPHER:
Back on the record at 10:59 a.m.
MR. ZELAYA:
Mr. Disheroon, I have a series of
additional maps which also contain aerial
satellite-type photographs I'm going to show
to Mr. Robin, but I want to give you the
opportunity to look at them first. And if
you don't mind, just keep them in order
because they are sequential.
MR. DISHEROON:
Do you have a copy for me?
MR. ZELAYA:
I believe we do.
Do you have a copy made yet?
MR. WILES:
Of these, an extra copy, no, I
hadn't. I can get you a -- can make you a
copy right now.
MR. DISHEROON:
Yes.

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MR. WILES:
Sure enough.
MR. DISHEROON:
Well, you can make it later if you
want. You don't need to interrupt the
deposition.
MR. WILES:
We're going to attach them as
exhibits.
MR. DISHEROON:
Well, I'd like to --
MR. WILES:
Sure. I mean, I'll get you -- if
you want another copy, I'll be happy to do
that.
MR. DISHEROON:
Go ahead.
MR. ZELAYA:
Why don't we just do that real
quick.
MR. WILES:
Yeah.
EXAMINATION BY MR. ZELAYA:
Q Mr. Robin, I'm going to -- while
Mr. Wiles is making those photocopies, I'm

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going to have you look at these maps, and
you're going to have to look at each one
because they have different reference points
that you may recognize.
But as you go through them, if you
see and can depict with marking where you
own property or where your family owns
property, that's what I'm going to ask you
to do in this exercise.
A Okay.
MR. ZELAYA:
You can go off the record.
THE VIDEOGRAPHER:
Yeah. Let's do that. Off the
record at 11:01 a.m.
(Discussion off the record.)
THE VIDEOGRAPHER:
Back on the record at 11:03 a.m.
EXAMINATION BY MR. ZELAYA:
Q Mr. Robin, as I explained, I've
given you a series of maps. Take a look at
them, and when you find one that depicts an
area where you own property, please mark it.
A These are really ...
MR. DISHEROON:

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And note for the record that on
the front you see a little box down here.
THE WITNESS:
Okay.
MR. DISHEROON:
And it's got a little square, so
it indicates to you that's the location
that's depicted on the map, if that helps
any.
THE WITNESS:
Carlos, can I ask you if y'all got
any cheating glasses?
MR. WILES:
I forgot mine. I was wondering
where your glasses were. I forgot mine.
MR. ZELAYA:
We'll see if we can round up some
glasses for you.
THE WITNESS:
Because I tell you what, now
you're getting into a hard --
MR. WILES:
You get Ms. Carol's. There you
go. You're cute.
THE WITNESS:

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Oh, yeah. Those are mine.
I'm going to say in -- we are --
mostly our property -- I'm looking at Lake
Borgne, and mostly our property is probably
around a mile from the Lake Borgne, the
curve of the Lake Borgne, and that's what --
seeing that.
MR. WILES:
So there weren't anything on that
one?
THE WITNESS:
Yeah. The water hit. Yeah. And
this square, this brown square is probably
in the middle of my property. The water hit
on that.
Let's say this much: For the
hurricanes, all of my property had -- was
flooded with water in the lower part of
St. Bernard. Every bit of it had water.
EXAMINATION BY MR. ZELAYA:
Q So not just your property,
everyone's property?
A Everyone's property. The property
by my building -- the property by my
building had -- my building is -- had

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10-foot ceilings. My icehouse was on top of
that. I'm saying 15 foot above the road,
and I had 3 foot of water in the top of my
building.
Q Okay.
A So I'm looking at 25 feet of water
in Yscloskey. So every bit of property I
had in Yscloskey was flooded.
Q Okay. And that's with the passage
of Hurricane Katrina, correct?
A That's correct.
Q With regards to the time period
from the passage of Hurricane Lili forward,
has each of your pieces of property been
subject to the repeat flooding or water that
you've described that comes with, not just
the hurricane, but with the northeaster
winds or other weather?
A Rita, we had -- I'm going to say
when we went down there to check, I would
say we had 8 foot of water down in
Yscloskey.
The other properties down there,
with a northeast wind, in Yscloskey, we got
a foot of water on the surface of our

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property. The only thing stops the water
from the surface of the property is the road
where it holds the barrier now that it's a
little higher since they came in, and then
it covers the road.
So every part of Yscloskey, when
you come to a northeast wind, we're having
water.
Q Okay. I'm going to go through
these maps with you again very quickly.
A Okay.
Q The first one -- and let's just
keep them in order.
A All right.
Q If you notice at the top portion
of the map it refers to Shell Beach Bayou on
the upper left part.
A Correct.
Q And then does the map also depict
the MRGO?
A Correct.
Q Okay. And what area is that,
generally speaking?
A That's the lower part of
St. Bernard, Yscloskey, Shell Beach, and

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then in the area here where we go, we run
out to the lake.
Q And which lake are you referring
to?
A Lake Borgne.
MR. DISHEROON:
Excuse me. Could I ask you to
identify the map number you're referring to
so the record's clear?
MR. WILES:
Well, let's just mark this one as
Exhibit 2.
MR. DISHEROON:
Well, each one of them has a map
number on it.
MR. WILES:
Right. We'll call it Exhibit 2,
and that will be that.
MR. DISHEROON:
For the whole -- for the composite
exhibit or that one?
MR. WILES:
That piece of paper is going to be
Exhibit 2.
MR. DISHEROON:

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Okay.
MR. WILES:
We'll mark them separately,
Mr. Disheroon.
MR. DISHEROON:
I don't see Shell Beach anywhere.
MR. ZELAYA:
Right up here at the top, Shell
Beach Bayou.
MR. DISHEROON:
Okay. Thank you.
EXAMINATION BY MR. ZELAYA:
Q Does that photograph depict any
areas where you or your family own property?
A Yes.
Q Okay. Where is that? If you
would mark on that map, please.
A In -- on the lower map I'm showing
where I can describe it. This area right
here is where we have our property.
Q Okay. Let's go to the next one
then.
MR. DISHEROON:
I don't see where it is.
THE WITNESS:

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See over by the X.
MR. WILES:
There's a blue ink mark.
MR. ZELAYA:
He's referring to the grid at the
bottom lower left portion of this page.
MR. DISHEROON:
He didn't mark it on here.
MR. ZELAYA:
He did not mark it at the top, no.
MR. DISHEROON:
Can you do that?
THE WITNESS:
I can't detect with the water
where exactly my property is there.
MR. WILES:
On the big one?
THE WITNESS:
On the big map, you know.
MR. ZELAYA:
I think one of the further
exhibits, as we go through these,
Mr. Disheroon, you'll be able to see that.
So the next one, which we'll mark
as Exhibit 3.

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MR. DISHEROON:
That was LA-AA40.
EXAMINATION BY MR. ZELAYA:
Q Mr. Robin, if you can't locate a
section on the larger portion at the top,
just we'll move on to the next one.
A Okay. Do you have another map
that I could reference to on these things
that's something a little different that
I -- I'm confused about these areas here
from the Mississippi out.
MR. WILES:
You want the big?
THE WITNESS:
Yeah, the big map for me.
MR. WILES:
I'll bring the big one.
MR. ZELAYA:
We have a large map here,
Mr. Disheroon, which we'll use for
reference. You can take a look at it. It
depicts portions of southeast Louisiana, and
particularly the area of lower St. Bernard.
MR. WILES:
I'll let you keep it right here,

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Brad, so you can use it. Okay?
THE WITNESS:
The reason why I'm saying that,
because I'm not familiar with the new canal
on this -- that, never seen.
EXAMINATION BY MR. ZELAYA:
Q Okay.
A But I'm very familiar with Stump
Lagoon where I had my leases, all the rest
of these canals to separate through what's
going on.
Q And when you refer to the leases
near Stump Lagoon, you're referring to
oyster leases, correct?
A Oyster leases, all my oyster
leases in that marshland, which is -- I'm
going to say on this little map here where
the square is, to circle the square, brown
square, is where all my property is.
MR. ZELAYA:
Okay. This is Exhibit 4,
Mr. Disheroon, if you'd like to take a look.
He marked, again, the lower left portion of
the map just on the small grid.
EXAMINATION BY MR. ZELAYA:

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Q And, Mr. Robin, just so -- for
your reference, the lower grid at the bottom
left of each map is a depiction of what's
blown up at the top portion of the map.
A Okay. Good. I'm going to say
right where the orange markings are on that
is where we have property.
Q Okay. And again, you're referring
to the lower left-hand corner of the map
with the quadrant?
A Yes, sir.
MR. ZELAYA:
Mr. Disheroon, he's marked an X.
MR. DISHEROON:
On the little map down here?
MR. ZELAYA:
Yes.
MR. DISHEROON:
Nothing on the big map. Could you
ask him what property it is?
EXAMINATION BY MR. ZELAYA:
Q With regard to this Exhibit No. 5
where you've marked the X in the lower
left-hand corner --
A I would say that's in Poydras.

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Q That's Poydras you're referring
to?
A Yeah, in Poydras.
Q And that would be your personal
residence?
A Correct.
Q This is No. 6, and you did not
make any markings --
A No.
Q -- on this one, correct?
A Correct.
Q No. 7, no markings, correct?
A No.
Q Mr. Robin?
A Yes, no markings.
This one here on Highway -- on
Florissant Highway, this is close to our
business where it is.
Q Okay. This I've marked as No. 8,
and you've drawn a square --
A Right.
Q -- on the larger map toward the
right side in the lower portion?
A Correct.
MR. ZELAYA:

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Mr. Disheroon, can you see that
mark?
THE WITNESS:
This here, the little square,
that's where -- that's in Yscloskey,
Alluvial City, where my business is.
EXAMINATION BY MR. ZELAYA:
Q And this one's No. 9. You've made
an indication, again, on the large map?
A Right. I squared Yscloskey Road,
is where about my business is, and then
Citrus Street is some lots. I squared that,
some lots that I have back in that area.
Q And you've made a mark
depicting -- I see Yscloskey Road, and then
another mark to the other side. It looks
like it's between the words Citrus and
Proctors Landing?
A That is correct.
Q Okay. And the business you're
referring to, is that Robin Seafood Company?
A Yes. And this one here's the
same, on Citrus.
Q This is No. 11. Again, you've
made a mark just to the side of the word

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Citrus?
A Uh-huh.
Q Does that refer to the same
property as --
A Yes.
Q -- indicated on No. 10?
A Yes, same.
MR. ZELAYA:
Mr. Disheroon.
EXAMINATION BY MR. ZELAYA:
Q No marks on No. 12 --
A No.
Q -- correct, Mr. Robin?
A No marks. Delacroix Island and
Delacroix Island Road, I put a square right
past Jacks Canal Road.
Q And which property does that refer
to?
A That's referred to as Delacroix
Island. Eight lots I have in Delacroix
Island.
Q This is No. 13, and you've made a
mark right adjacent to Delacroix Highway,
correct?
A Correct.

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None.
Q There's no mark on No. 14,
correct?
A Correct.
None.
Q Nothing on No. 15, correct?
A Correct.
Here between Newton Boulevard and
Massicot Road I put a square. That's where
my residence and my brother's residence is,
Don.
MR. ZELAYA:
Okay. This is No. 16. The mark
is at the top toward the center,
Mr. Disheroon, right off of Highway 46.
MR. DISHEROON:
And that's his residence?
MR. ZELAYA:
Yes, sir.
THE WITNESS:
None on that.
EXAMINATION BY MR. ZELAYA:
Q Nothing on No. 17, correct,
Mr. Robin?
A Nothing.

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Nothing on that.
Q Nothing on No. 18?
A Nothing on 18.
Nothing on it.
Q This is No. 19. No marks,
correct?
A Correct.
Nothing on that one.
Q This is No. 20, no marks.
A Nothing on that one.
Q No. 21, no marks.
MR. DISHEROON:
That's 21?
THE WITNESS:
Nothing on this one.
EXAMINATION BY MR. ZELAYA:
Q That's 22 with no marks.
A Nothing on that one.
Q This is No. 23, nothing.
A Nothing on that one.
Q Nothing on 24.
A Nothing on that one.
Nothing on that one.
Q Nothing on 25 or 26.
A Nothing on it.

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Q Nothing on 27.
A Nothing on that one.
Q 28, no marks.
A Nothing on that one.
Q 29, no marks.
A Nothing on it.
Q This is No. 30, no marks.
A Nothing on that.
Q No. 31, no marks.
A Nothing on that one.
Q No. 32, nothing.
A Nothing on that.
Q This is No. 33, nothing.
A Nothing on that one.
Q No. 34, no marks.
A No.
No.
Q Finally, No. 35 and 36, no marks.
Mr. Robin, I'm going to refer you
now to one of the exhibits you marked. This
is No. 8 where you depicted a little box
along Florissant Highway.
MR. WILES:
Does that help?
THE WITNESS:

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Uh-huh.
EXAMINATION BY MR. ZELAYA:
Q And which property are you
referring to by the marking you've placed on
No. 8?
A That would be where our business
and then where our campsite is on Florissant
Highway.
Q And the business, again, is Robin
Seafood Company, Inc.?
A Correct, and Yscloskey Development
or Robin Capital Holding.
Q And when you refer to Robin
Yscloskey Development, there are four
entities numbered 1 through 4, correct?
A Correct.
Q And those are limited liability
companies?
A Yes.
Q And who owns each of the limited
liability companies? They all share common
ownership. Isn't that correct?
A Correct, Edward Robin, Edward J.
Robin, Jr.
Q Is that your brother?

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A That's my brother, which is known
as Pete. Don Robin.
Q Another brother?
A Yes, which is another brother.
And myself, Brad Robin, are owners, which
are the four -- or the three partners of all
businesses.
Q So is that the same ownership
structure for Robin Seafood Company as well?
A Correct.
Q And are those properties that
you've delineated on Exhibit 8 subject to
the repeat recurrent flooding that has been
occurring since the passage of Hurricane
Lili?
A Yes.
Q And when that repeat flooding
occurs, does it interfere with your use of
the property?
A We have to evacuate the property
and take everything, precautions to leave to
protect what we have and get out of there
for -- until the water recedes or goes down.
Q And does that occur on each such
occasion that you've described?

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A Yes.
Q I'm going to show you what you've
marked on Exhibit No. 9. Does that depict
the same properties that we've just
discussed as depicted on Exhibit 8?
A Correct.
Q On Exhibit 10, you've made two
markings. Which properties are those?
A That's Yscloskey. In this picture
I'm seeing here something now. I made a
mistake with that. I do not own that piece
on Yscloskey Road. I own the Citrus thing,
so can I --
Q Yes.
A -- take that off? Just put an X
on it or --
Q Put an X if you do not own that.
A I do not. I own the Citrus
Street. Now looking at it better, where
Yscloskey Highway goes into Shell Beach, I
don't own that bayou front there.
MR. WILES:
Just so the record is clear, you
drew a big zero on it, right?
THE WITNESS:

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That's correct.
MR. WILES:
Okay.
THE WITNESS:
And my square is still on Citrus
Street.
MR. WILES:
Right.
EXAMINATION BY MR. ZELAYA:
Q And what is the property on Citrus
Street?
A It consists of 16 or so lots.
Q And what is the ownership of those
lots? Is that you individually --
A It's --
Q -- or with your family members?
A It's myself, Brad, and Don Robin.
Q And again, are these properties
subject to the repeat flooding events that
you've described forward of the passage of
Hurricane Lili?
A Yes.
Q And does that -- do those
circumstances deprive you of the use of
those properties?

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A Correct.
Q I'm going to show you No. 11 where
you've made a mark near Citrus as well.
A Yes, sir. That's the same
properties, consist of 16 lots.
Q And again, when these properties
are subject to these flooding events that
you've described, you effectively cannot use
that property?
A Correct.
Q It's a substantial deprivation of
your use of that property?
A Correct. The property on --
between the addresses of 2316 and 2328,
after the hurricane, I've probably put 20
loads of filling to get it up to put where I
can put my -- the sites for my mobile homes
right now.
Q And you had to incur expenses to
accomplish that?
A Yes, sir.
Q Do you know how much that would
have been?
A No, sir, because I dug the canal
and got all the debris out of the canal and

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put it in the filling.
Q How long did that take you,
approximately?
A Well, about a two-week period.
The property there now where our dock site
is and where our campsite was where we do
for offloading our facilities, when we built
the property, it was a -- our boats come to
line up to the dock, and the dock was 2 or
3 foot higher than the boats.
Now when the northeast wind comes,
we got to build a partition to get to the
boats. If not, wear boots, because the
water comes in so high. That's the
difference of what we have been noticing
lately more than anything.
Q And have those circumstances
diminished the value of your property?
A Yes. Yes. It diminishes, but it
costs us -- it's going to cost us to build
it back up to get to where it would be
convenient for us to use continuously.
Q I'm going to show you another
document, sir.
MR. ZELAYA:

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Mr. Disheroon.
EXAMINATION BY MR. ZELAYA:
Q This is obtained from the Clerk's
Office for the parish of St. Bernard. If
you would take a look at this, Mr. Robin.
MR. WILES:
I've got a set for Brad.
MR. ZELAYA:
Okay.
MR. WILES:
You can keep that one there.
MR. ZELAYA:
Great. Do you have a set for
Mr. Disheroon?
MR. WILES:
Uh-huh.
MR. DISHEROON:
It's okay.
EXAMINATION BY MR. ZELAYA:
Q Mr. Robin, referring to the first
document, which I'll mark as No. 37, it
reflects a transfer of property from Robin
Capital Holdings, LLC to Robin Yscloskey
Development No. 1, LLC, and this refers to
the property bearing municipal address 2320

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Florissant Highway.
A Right.
Q Is Robin Yscloskey Development
No. 1 the LLC that you described earlier
that is owned by you and your brothers, Don
Robin and Edward Robin, Jr.?
A Yes.
Q And Robin Capital Holdings, LLC,
is that another company owned by you and
your family?
A Yes, sir.
Q And this property that you've
described, is that one of the camps that
you've referred to next to Robin Seafood
Company?
A Yes, sir, was where the camps
were.
Q Okay.
A Now, we -- now, we put mobile
homes in each position of these lots.
Q And is this one of the properties
that you had to put the fill on?
A Yes, sir.
Q And that's, again, one of the
properties that's subject to the repeat

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flooding that you've described forward of
the passage of Hurricane Lili, correct?
A Correct. We had to put filling.
And the driveways were cement, and we took
and raised the driveways with asphalt. That
way water wouldn't continuously stay in the
driveways.
Q I'm going to show you another
document. And if you'd turn to the next
one, this is a transfer from, again, Robin
Capital Holdings, LLC to Robin Yscloskey
Development No. 2.
MR. WILES:
The last exhibit was No. 37.
EXAMINATION BY MR. ZELAYA:
Q This refers to 2324 Florissant
Highway.
THE WITNESS:
Isn't that mine?
MR. WILES:
Huh?
THE WITNESS:
Isn't that mine, or this one?
MR. WILES:
No. That's a copy.

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THE WITNESS:
All right. Okay. Okay.
EXAMINATION BY MR. ZELAYA:
Q Did you look at that document?
A Yes, sir.
Q And again, is this property
adjacent to the first one we just described
as 2320 Florissant Highway?
A That's correct. This 2324 is
where I lived since I was five years old,
this property here. That's where I was born
and raised up until I moved out when I was
18 years old.
Q And again, that property is
immediately adjacent to the others that you
own through your family holdings, correct?
A Yes, sir.
Q And again, this property is also
subject to the same repeat flooding events
you described earlier?
A Yes, sir.
Q And again, when each of those
events occurs, you're deprived of the use of
that property, correct?
A Correct.

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Q I'm going to show you the next
document.
MR. WILES:
And that was 38. Okay.
EXAMINATION BY MR. ZELAYA:
Q This reflects a transfer from
Robin Capital Holdings to Robin Yscloskey
Development No. 3, again, both of which
entities are owned by you and your family,
correct?
A Correct.
Q And this one refers to 2316
Florissant Highway?
A Correct.
Q Would this also be adjacent to the
two properties we just described?
A Yes, sir.
Q And again, subject to the same
repeat flooding events, correct?
A Correct.
MR. WILES:
39.
EXAMINATION BY MR. ZELAYA:
Q The next document, again, a
transfer from Robin Capital Holdings, LLC to

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Robin Yscloskey Development No. 4 referring
to 2328 Florissant Highway. Is that
property also adjacent to the three we've
just discussed?
A Yes, sir.
Q Is that one also subject to the
same repeat flooding events we've talked
about?
A Yes, sir. Each one of these
properties that you described has the same
amount -- well, not the same amount, but
across the highway there's what they call a
dock site where we keep boat sheds or
accommodate for sports to come in.
The problem is when the parking
lot's filled, it's a little inconvenient for
a guy to walk into the water to get to his
boat.
The dock site, it's just filling
in more and more, which is lots that are not
involved with that, but they are lots that
are adjacent to it.
MR. WILES:
That's No. 40.
EXAMINATION BY MR. ZELAYA:

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Q I'm going to ask you to do one
more thing with regards to these Exhibits 37
through 40. The last page of each, do you
see your signature on that document, sir?
A Yes, sir.
Q Do you see the signatures of your
brothers?
A Edward Robin, Jr.; Don Robin.
Q You recognize those signatures as
being those of your brothers?
A Yes, sir.
Q That's for No. 37?
A Yes, sir.
Q This is No. 38. Same question,
just ask you to identify the signatures,
your signature as well as those of your
brothers.
A Yes, sir. Edward Robin, Don
Robin, Brad Robin.
Q You recognize those, each of those
signatures?
A Yes, sir.
Q Same with Document No. 39, do you
see the same signatures on that document?
A Yes, sir. Edward Robin, Brad

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Robin, Don Robin.
Q And finally the next one is
No. 40. Same question, do you recognize the
signatures of yourself as well as those of
your brothers, Ed and Don?
A Edward Robin, Don Robin, and Brad
Robin. I recognize all of them.
Q Okay. Thank you.
I'm going to show you another
document, sir. This is a different transfer
of property, and we obtained this also from
the records of the St. Bernard Parish Tax
Assessor.
This reflects a sale from Roland
and Mary Lynn Alpha to Debra Kay Graham and
others, including Brad Lee Robin, Sr. Do
you recognize this document?
A Yes, sir.
Q And what is depicted in this
document? Which property does this refer
to?
A This is a property that's located
in Yscloskey or Citrus Street and Hopedale
Highway.
Q Is that the property that you

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identified earlier on the map, on Map
No. 10?
A Yes, sir.
Q Okay. And who owns that property?
A Myself; my wife; my brother, Don
Robin; and his wife.
Q And how long have you owned that
property?
A That property was -- that property
was purchased before the hurricane, but due
to the loss of everything, the process
didn't come finished until after the
hurricane, I think, on that piece of
property.
The paperwork got lost by Federal
Express, because the lady lived in Maryland,
and it was -- we owned it way before the
hurricane. It just didn't -- the paperwork
didn't go. We had to process a year before
the hurricane.
Q Did you have to basically
reconstruct the paperwork from the original
acquisition?
A Yes.
Q Okay. And that's what's reflected

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on this document?
A That's what's reflected on the
document.
Q But you did acquire this property
prior to the passage of Hurricane Katrina,
correct?
A It was signed maybe six months
before the hurricane, and then the paperwork
was lost.
MR. WILES:
Exhibit 41.
EXAMINATION BY MR. ZELAYA:
Q Next we have a printout from the
Tax Assessor's Office describing the
property at 2324 Florissant Highway. We've
already reviewed that sale, correct?
A Correct.
Q And that's the property that's now
in the name of Robin Yscloskey Development
No. 4. That's your family's LLC, correct?
A That's correct. That's two
additional lots that are behind the
campsite.
Q In what direction? Would that be
away from Florissant Highway?

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A Yes, back.
Q Okay. I'm not going to ask for a
direction, a compass direction, because I
think that will just probably confuse us
more.
But basically those properties
just depicted on this exhibit -- this
document are behind the ones that you
acquired where the camps were located,
correct?
A Correct.
Q Okay.
MR. WILES:
Exhibit 42.
EXAMINATION BY MR. ZELAYA:
Q The next document refers to --
again, from the Tax Assessor's Office -- I
believe you and your brothers are the
owners. Do you recognize this one?
A That's the same documents that are
reflected on Yscloskey Development.
Q Okay. Again, adjacent to the
other camps we've been discussing?
A Correct.
MR. WILES:

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43.
EXAMINATION BY MR. ZELAYA:
Q The next one is Robin Yscloskey
Development No. 3, LLC. This reflects
ownership of the same property we've been
discussing?
A Correct.
Q Another adjacent lot?
A Correct.
MR. WILES:
44.
EXAMINATION BY MR. ZELAYA:
Q The next document, this is the
printout for Robin Yscloskey Development
No. 1. Again, is this the same series of
camps that we've gone through?
A Correct.
MR. WILES:
45.
EXAMINATION BY MR. ZELAYA:
Q Next is Robin Yscloskey
Development No. 2, 2324 Florissant Highway.
Again, the camps we've been discussing?
A Correct.
MR. WILES:

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46.
EXAMINATION BY MR. ZELAYA:
Q Robin Yscloskey Development No. 3,
LLC, another tax roll printout. Again,
refers to the same property we've been
discussing?
A Correct.
MR. WILES:
47.
EXAMINATION BY MR. ZELAYA:
Q The next documents are an act of
sale from Vic Molero Seafood, Inc., to a
group including yourself, Brad Robin. Is
that correct?
A That's correct.
Q What property is this, sir?
A That's the campsites of -- that we
were talking about earlier. I think this is
address 2320. I think that's what this
would be deflected to, 2320.
MR. WILES:
48.
EXAMINATION BY MR. ZELAYA:
Q And again, just turning to the
last page of No. 48, do you see and

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recognize your signature on that document,
sir?
A Yes, myself, Brad; my wife; my
brother's wife, Sarah; and Don.
Q Your wife is --
A Debra.
Q -- Debra, correct?
A Correct.
Q Okay. Mr. Robin, in your
profession as a commercial fisherman, you
have a familiarity with the waterways of
lower St. Bernard where you ply your trade.
Isn't that correct?
A Yes, sir.
Q When you take your vessels out to
engage in fishing, generally, what body of
water do you traverse to head to your oyster
leases?
A Generally, if we fish Lake Borgne,
we take Yscloskey Canal, which is -- I guess
we'll run through Yscloskey Canal, cross the
Mississippi Gulf Outlet, hit Lake Borgne,
fish that area.
Q And in the process of commercial
oyster fishing and harvesting oysters,

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briefly just describe the process of putting
a dredge into the water, taking up the
oysters, and what's involved with that.
A We have several thousand acres of
oyster leases that we lease from the State
of Louisiana, my family.
And we take a reef, we prepare it
for our crop, which is the oysters. You
start off as the same thing as a field of a
farmer. We are farmers, but farmers of the
sea.
And we go out there. We prepare
our ground. We put things on it. And
nowadays we have the wonderfulest thing in
the world called GPS systems that we mark
off our reefs. That's better.
Prior to that we'd go out there to
have a surveyor just come out and survey our
ground. Prepare our ground by putting
seeds. Once we put seeds, then we do our
preparation of catching it.
A judge -- I mean a dredge is
consistent of -- the dredges on our boat are
22T, approximately weigh about 150 pounds.
They're chain bags, and we drop them off the

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side of our boat and turn it in a circle and
pick up the boat -- pick up the dredge every
five minutes.
And when you pick up a dredge, it
goes on the table where you stand, and you
cull them or you go through them and pick
out what's good and what's bad. What's good
is what you sack, and then the rest goes
over.
So as you're working the product,
you're actually putting back as much as you
can as long as you preserve the product
right, because you got small oysters you got
to knock off, and that's your catch for your
future. That's your future years coming in.
So you always got to keep
cultivating oysters and moving them from one
to the other. Some reefs we have don't
grow, a marketable size, so we got to move
those oysters, which we call seed to areas
that are suitable for salinity where we got
to watch the salinity where it changes.
When it comes into -- we bring it
to an area that's suitable for the oysters
to grow; current, and the salinity's right.

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Q And how many years have you been
engaged in this business?
A I've been out of school since '72.
I've been doing it, been on my own since
then. Prior to that I worked with my daddy
as a kid, so ...
Q And in surveying your oyster
leases, do you have occasion to use a pole
to feel the reef bottoms?
A That's our tool, is a pole, is --
the way we find the reefs is feeling by a
pole and finding out the areas where what we
call head or surface of oysters. You can
actually feel where the oysters come up and
get a little bit of hill. A hill in the
water in oysters terms is a head. You feel
the hill and that.
Q And again, you've been engaging in
that activity for pretty much your entire
life?
A All my life.
Q Okay. Would it be fair to say
then that you're familiar with the depths of
the water in the bayous where you ply your
trade?

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A Very familiar.
Q And on average, what is the depth
of the bayous where you harvest the oysters?
A In the -- the bayous averages
probably 6 to 7 feet. You've got very few
bayous that are over 8 feet of water. The
normal body of water, like Lake Borgne and
marsh areas, is about 6 feet, average, about
6 feet of water.
Q And again, you have a familiarity
with Lake Borgne from doing the same
commercial fishing activities, correct?
A All my life.
Q What is the depth of the
Mississippi River Gulf Outlet?
A 40 feet.
Q So that's more than four times the
depth of all the other surrounding waters,
correct?
A Correct.
Q And again, today, the width of the
MRGO from shore to shore is what?
A No less than 2,000 feet.
Q Again, based on your familiarity
with harvesting oysters and commercial

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fishing, you referred earlier to the
saltwater and how that's changed since the
MRGO has been in existence.
Has that saltwater that's been
brought in, has it been brought in by the
MRGO?
A Yes.
Q And has that saltwater movement
over time come from lower St. Bernard
further inland?
A Come from the Gulf in. All of it
comes from the Gulf.
Q And that saltwater that's been
brought in from the Gulf through the MRGO,
has that had an impact on the cypress
swamps?
A It also had impact on the oyster
reefs.
Q Okay. And what kinds of impact
did it have on the swamps?
A The vegetation is gone. All the
trees, everything is gone. It's -- I mean,
it's no longer there.
Q And what period of time has this
taken place?

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A I've noticed -- I mean, I guess
now I awaken, is now since the last, Lili,
that we notice that how much more it's
been -- things has been gone, devastating.
Q And what things can you see today
that's different than you could see, say, in
2000 in terms of vision?
A When -- I guess when -- the rude
awakening to us is when we first got our
camps or my father's FEMA trailer, when we
first went down and started to get back into
Yscloskey, and in the evening time at dark,
when I turned and looked I guess out of the
backyard of our place and seen lights that
I'd never seen before.
And then at first I asked my
father -- I said, "I've never seen those red
lights or those beacons there before."
Then we realized that was the
beacon from Bayou Terre Aux Boeufs in Black
Bay. Seeing -- you're looking out at that,
and you're seeing Delacroix Island right in
our backyard where you never could see the
lights from Delacroix Island, Caernarvon in
Yscloskey.

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Q How far is it from Yscloskey to
Delacroix Island?
A Probably 6 miles as the crow flies
straight, straight across the horizon;
10 miles or so by car.
Q And the distance from Yscloskey to
Caernarvon?
A 12 miles.
Q And just so I understand you
correctly, you're telling us that your
vision used to be obscured by the marsh
grass and the swamps and the trees?
A By the ridges and the trees, and
that's from -- from my place to Caernarvon
is gone. It's gone. From my place to Black
Bay, the ridges are gone.
Before the hurricane, my icehouse
was up in the air, like I said, 20 feet or
so that you can get up there and walk. You
can get up there and see the receipt to our
places in the back where we fished at. Now
we're actually looking at people fishing
from our dock in those canals.
Q To get to Yscloskey by car,
there's really only one roadway to get down

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there. Isn't that correct?
A There's two roads. There's Old
St. Bernard Highway and Judge Perez Highway
to get in. And then when you get into
Yscloskey, there's one way in.
Q And what roadway is that?
A It's Florissant Highway.
Q Now, over the past seven years,
from 2000 forward, have you observed a
change in the trees and the vegetation along
that highway?
A When -- another thing comes when
we come up Judge Perez and make the turn
from Highway -- from Florissant Highway, we
get on Judge Perez, and there's a little
loop in Reggio -- it's a little town,
Reggio -- when you get up there, you can see
the Mississippi River Bridge. You can see
the high-rises. You can see all the lights
in my time of traveling that road I've never
seen.
Behind my brother's house in
St. Bernard in Kenilworth, he's actually
looking at the camps on Bayou Bienvenu out
of his backyard. When -- you never -- in

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town, never seen that, never seen that.
Q And has that destruction of marsh
and swamp and trees been a result of the
introduction of saltwater from the Gulf of
Mexico through the MRGO?
MR. DISHEROON:
Objection. He's not qualified to
give that opinion.
MR. ZELAYA:
He's got firsthand experience in
his observations.
THE WITNESS:
It's all gone. It was there
before, and it's not there now. And it's
sinking.
MR. WILES:
Let's take a break.
MR. ZELAYA:
Take a break, please.
THE VIDEOGRAPHER:
Off the record at 12:08 p.m.
(Recess taken.)
THE VIDEOGRAPHER:
Back on the record at 12:19 p.m.
MR. ZELAYA:

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Mr. Disheroon, I tender the
witness.
Thank you, Mr. Robin.
EXAMINATION BY MR. DISHEROON:
Q Mr. Robin, what's your father's
name?
A My father's name?
Q Yes, sir.
A Edward --
Q Edward?
A -- J. Robin, Sr.
Q Okay. He's the same gentleman
that was -- gave a deposition earlier in
this case. Is that right?
A Yes, sir.
Q And when you -- is he the one that
started your business?
A Yes, sir.
Q And you've just continued it, you
and your brothers?
A Yes, sir.
Q Okay. And you said initially you
had a home in St. Bernard, but I think we've
qualified that. You live in St. Bernard
Parish?

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A It's Poydras. My home is in
Poydras.
Q It's now in Poydras?
A It goes from both addresses. It's
St. Bernard, Louisiana, I put on my address,
but the physical address is Poydras.
Q Okay.
MR. ZELAYA:
For your information --
EXAMINATION BY MR. DISHEROON:
Q And that's where you've --
MR. ZELAYA:
-- Mr. Disheroon --
EXAMINATION BY MR. DISHEROON:
Q -- marked it here on Exhibit 1 --
A Yes.
Q -- is Poydras?
A Yes, sir.
MR. ZELAYA:
Mr. Disheroon, St. Bernard refers
to the parish, or county, if you will, and
the various little townships are all within
St. Bernard Parish.
EXAMINATION BY MR. DISHEROON:
Q And you said at your residence in

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Poydras you had 29 inches of water in your
house?
A Yes, sir.
Q After Katrina, Hurricane Katrina?
A Yes, sir.
Q How far is Poydras from the
Mississippi River?
A Mile and a half.
Q And how far is it from Poydras to
your work site at Yscloskey or Alluvial City
that's depicted on here?
A 12 miles.
Q 12 miles. And you commute back
and forth daily to work?
A Yes, sir.
Q You referred earlier to more
frequent flooding that you're having. Was
that at your residence or at Alluvial City
or both?
A No, not at my residence. I'm in a
hurricane protection plan. Yscloskey --
Q Yscloskey?
A -- Alluvial City.
Q Okay. And you spoke about
northeast winds.

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A Yes, sir.
Q When there were northeast winds,
you'd get more water on your property?
A Yes, sir.
Q Okay. Now, to be clear, when
you're saying northeast wind, does that mean
a wind coming from the northeast?
A Yes, sir.
Q So on this map it would be coming
in this general direction, from Lake Borgne
south --
A No.
Q -- southeasterly?
A No, sir. It would be coming from
the Gulf, coming up the channel.
Q South -- oh, this way?
A Yes, sir.
Q Okay. Is it only when they're
southeasterly winds that you get flooding?
A Northeast wind, only northeast
winds.
Q I'm sorry. Northeast?
A Yes, sir.
Q Northeast is this direction,
right?

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A No. The north -- where we take it
is coming from the Gulf coming in.
Q But north is -- on this map is
towards Lake Borgne, and east is this
direction?
A No. The way I prefer -- the way I
look at it, down from where I'm at, north is
heading out -- south out and north coming --
I mean north and then east coming from this
way, coming more from Florida.
The reason why I say -- why I say
where the northeast winds, when the
hurricane -- I mean when the Weather Channel
says we got a northeast -- when northeast
wind's coming, we got northeast winds coming
for 10 miles an hour for -- and the next day
we got a northeast wind coming for 10 miles
an hour, that's when we know the weather --
the water is coming up.
Q And is that without regard to
whether it's raining or not?
A Without regards to raining or not.
Q It's just wind-driven water?
A Wind-driven water. How I know
it's -- how I know it's Gulf water, because

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our product gets saltier. You get a
northeast wind, and the product always got a
better -- you got a more saltier taste into
it.
The only place the salt can come
from is the Gulf.
Q How about Lake Borgne?
A Lake Borgne is fresh. It's more
brackish.
Q Is it fresh or brackish?
A It's -- we call it a brackish
water.
Q It's connected to the Gulf, isn't
it?
A Way out, not in this part where my
oyster grounds are.
Q But it has physical connection?
A It has physical connections in the
St. Joe Channel, which is approximately
about 25 miles from where the area we're
talking about at.
Q You mentioned that the width
across where the Gulf Outlet Canal is has
widened?
A Yes.

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Q And that you now drive or run your
boats outside the markers?
A Yes, sir.
Q What's the draft on your boats?
A 5 feet.
Q 5 feet?
A The most, 5 feet. Anywhere from 2
to -- average, really 4 foot.
MR. DISHEROON:
Okay. That's all I have.
MR. WILES:
Okay. Thank you.
THE VIDEOGRAPHER:
You're done?
EXAMINATION BY MR. ZELAYA:
Q I have one quick question,
Mr. Robin. Looking back to Exhibit No. 1,
when you're describing a northeast wind,
would you just put an arrow for the
direction you're referring to, because I
don't want to confuse that term with a
compass versus what you're trying to
describe.
A Correct. It's coming up the MRGO,
coming to New Orleans, which is -- let's put

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it this way.
It's coming from -- I guess you
would say, as he says, the south coming in.
But why the weatherman says we got a
northeast wind, we got a tide coming in, but
it is coming up the MRGO going from us to
New Orleans.
Q So when you've used the term
northeast wind, the direction that you're
referring to is what you've just depicted as
the arrow, correct?
A That is correct.
Q Put an "NE" there so we know what
we're talking about.
A Because the waterways, northeast
brings you high tide; northwest brings you
low tide. And in the business I am, your
tide is everything.
Q Sure.
A You have to -- you got to know
where to navigate your boat, so you got to
know what the current is on it. So tide is
everything on our situation.
MR. ZELAYA:
Thank you, Mr. Robin.

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Thank you, Mr. Disheroon.
THE VIDEOGRAPHER:
All right. Off the record at
12:28 p.m.
* * * *





















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WITNESS' CERTIFICATE


I have read or have had the
foregoing testimony read to me and hereby
certify that it is a true and correct
transcription of my testimony with the
exception of any attached corrections or
changes.




____________________
(Witness' signature)


PLEASE INDICATE
( ) NO CORRECTIONS
( ) CORRECTIONS; ERRATA SHEET(S) ENCLOSED


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REPORTER'S CERTIFICATE

I, Gretchen Alexander, Certified
Court Reporter, do hereby certify that the
above-named witness, after having been first
duly sworn by me to testify to the truth,
did testify as hereinabove set forth;
That the testimony was reported by
me in shorthand and transcribed under my
personal direction and supervision, and is a
true and correct transcript, to the best of
my ability and understanding;
That I am not of counsel, not
related to counsel or the parties hereto,
and not in any way interested in the outcome
of this matter.




____________________________
GRETCHEN ALEXANDER, CCR, RPR
Certified Court Reporter