Free Response to Motion - District Court of Colorado - Colorado

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

Document 370-3

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 REGARDING MOTION FOR SANCTIONS AGAINST RON GUNDEL ______________________________________________________________________________ 1. My name is Michele Fisher and I am one of the attorneys representing the Plaintiffs in the above-captioned matter. 2. I previously representing Plaintiff Ron Gundel prior to him withdrawing from this action on February 17, 2006. 3. According to our expert report (which was previously produced to Defendant), Gundel's claim in this case was for approximately $23,199.36 (this includes liquidated damages). 4. Attached are true and correct copies of the following: Email dated November 4, 2005 from Fisher to Carr with attachment regarding Ohio depositions that were confirmed for the week of November 8th (Gundel was specifically noted as not being confirmed); Emails dated December 19, 2005 between Carr, Fisher and Novak regarding the deposition of Ron Gundel (Plaintiffs' attorneys were not available); and Transcript from Ron Gundel deposition with attached exhibit B confirming withdrawal was filed prior to deposition.

Exhibit 1

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

Document 370-3

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