Free Response to Motion - District Court of Colorado - Colorado

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

Document 370-2

Filed 03/15/2006

Page 1 of 1

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 JILL NOVAK REGARDING MOTION FOR SANCTIONS AGAINST RON GUNDEL ________________________________________________________________________ 1. My name is Jill Novak and I am one of the attorneys representing the Plaintiffs in the above matter. 2. On February 17, 2006, Ron Gundel, having serious concerns over whether his overtime claim was worth his time appearing at a deposition, contacted me approximately a few hours before the deposition to express those concerns. At that time, he decided to withdraw from the case and give up his overtime claim rather than attend his deposition. He faxed me his withdrawal form to file with the Court, and I contacted Defendant's counsel immediately to apprise him of the situation. FURTHER AFFIANT SAYETH NOT. Dated: 3.15.06 s/Jill M. Novak Jill M. Novak

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