Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02485-MSK-PAC

Document 371-2

Filed 03/15/2006

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF COLORADO CASE NO. 03-cv-02485 MSK-PAC Camille Melonakis-Kurz, individually and on behalf of other similarly situated employees, Plaintiffs, v. Heartland Home Finance, Inc., Defendant. AFFIDAVIT OF MICHELE FISHER IN OPPOSITION TO DEFENDANT'S MOTION TO COMPEL DISCOVERY ________________________________________________________________________ 1. My name is Michele Fisher and I am one of the attorneys representing Plaintiffs in the above action. 2. On February 14, 2006, I asked Defendant to advise us as to what they still needed from the Interrogatories. I made this request because we have already been producing to Defendant all documents Plaintiffs have in their possession relating to their employment with Defendant, the parties have already taken close to 60 depositions in this case, and Plaintiffs have already produced their overtime estimate through their expert's damage calculations 3. Attached are true and correct copies of the following: Email between Lukas and Carr dated September 2, 2005; Email between Carr and fisher dated February 13, 2006; Email between Carr and Fisher dated February 14, 2006; Plaintiff Camille Melonakis Kurz' Answers to Defendant's First Set of Interrogatories to Similarly Situated Employees (on behalf of all Plaintiffs); Plaintiffs' Answers to Defendant's First Request for Production of Documents to Similarly Situated Employees (on behalf of all Plaintiffs); and Sample Declaration.

Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4

Exhibit 5

Exhibit 6

Case 1:03-cv-02485-MSK-PAC

Document 371-2

Filed 03/15/2006

Page 2 of 2

FURTHER AFFIANT SAYETH NOT. Dated: 3.15.06 s/Michele R. Fisher Michele R. Fisher

Subscribed and sworn to before me this 15th day of March 2006. s/Amy Johnson Notary Public