Free Motion to Compel - District Court of Colorado - Colorado

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

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EXHIBIT B

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

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO

Camile Melonakis-Kurz, Individually and on behalf of other Similarly Situated Employees,

Plaintiff(s),
v.

) ) ) ) ) ) )
) ) ) )

CASE NO. 03-MK-2485 (PAC)

Hearland Home Finance, Inc.

Defendant.

DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

TO SIMILARLY SITUATED EMPLOYEES
Defendant Heartland Home Finance, Inc. ("Defendant"), by counsel, pursuant to Rules 26

and 34 of the Federal Rules of Civil Procedure, hereby requests that each Similarly Situated
Employee ("Plaintiff') produce for inspection and copying at the offices of Ice Miler, One
American Square, Box 82001, 31 st Floor, Indianapolis, IN 46282 or at such other place to which

the parties may agree, those documents described herein which are in Plaintiffs possession,
custody or control on or about thirty (30) days from date of service hereof.

DEFINITIONS
1. The term "Plaintiff' as used herein refers to each Similarly Situated Employee,

including their agents and representatives.

2. The term "Defendant" as used herein refers to Defendant, its employees, agents,
and representatives.

3. The terms "you" and "your" as they are used herein, refer to each Similarly
Situated Employee, including any agents and representatives of

the Similarly Situated Employee.

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4. The word "document" means any writing or any other tangible thing of any kind

and description, however produced or reproduced, whether draft or final, original or
reproduction, including, but not limited to: letters, correspondence, memoranda, notes,

transcripts, contracts, agreements, sound recordings and other memorials of telephone
conversations, telegrams, books, magazines, newspapers, advertisements, periodicals, bulletins,

circulars, pamphlets, statements, notices, reports, rules, regulations, directives, teletype or
telefaxed messages, communications, e-mails, minutes, inter-offce communications, reports,

financial statements, ledgers, books of account proposals, prospectuses, offers, invoices, bils,
orders, receipts, checks, account statements, working papers, desk calendars, appointment books,
diaries, time sheets, logs, movies, tapes for visual or audio reproduction, photographs, recordings
or materials similar to any of the foregoing however denominated and including drawings,

graphs, charts, phono records, data processing paper results, data printouts, data computations

(both in existence and stored in memory components) and other data computations from which
information can be obtained and translated, if necessary, through devices into reasonably usable

form. The term "document" also includes any copies of each document if such copies are in any
way whatsoever not identical copies of the original, by reason of additional writings or notations
or otherwise. The term "document" refers to all the foregoing items which are in the Plaintiffs

possession, custody or control, or in the possession, custody or control of any agent or employee

of the Plaintiffs or the Plaintiffs' attorneys, or the possession, custody or control of those

individuals identified in Plaintiffs Answers to Interrogatory 2. The term "document"
encompasses each and every document and thing as defined in Rule 34 of the Federal Rules of
Civil Procedure, by whomever prepared, wherever located, and whether a copy, draft or originaL.

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5. The term "communication" as used herein refers to any verbal, written or other

transmittal of words, thoughts, ideas or images between or among persons or groups of persons,
whether face to face, by letter or by any other means.
6. The terms "and" and "or" as used herein mean "and/or," which shall be construed

both conjunctively and disjunctively so as to require the broadest possible production in response
to any given request.
7. The term "person" as used herein means any natural person, corporation,

partnership, association or other entity.

8. The term "pertain" or "pertaining to" shall mean and include, concerning,
referring to, relating to, alluding to, connected with, commenting on, regarding, compromising,
discussing, showing, describing, mentioning, memorializing, reflecting, analyzing, constituting,
and evidencing.
9. The term "Plaintiffs' Complaint" means Plaintiffs' Complaint, Cause No. 03-MK-

2485 (PAC), currently pending in the United States District Court for the District of Colorado.
10. The term "Interrogatories" means the Defendant's First Set of Interrogatories to

Similarly Situated Employees served in this case.

INSTRUCTIONS
1. The original of each document requested herein shall be produced together with

any drafts, revisions or copies of the same which bear any mark or notation not present in the
original or which otherwise differ from the originaL.
2. This document request calls for production of each requested document in its

entirety.
3. If any document requested is withheld under any claim of attorney-client privilege

or work product, a written statement should be provided identifying the paragraph or

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subparagraph of this document request to which the document is responsive, the specific basis
for non-production, the date of the document, the author of the document, and the subject matter
of the document set forth with suffcient specificity to permit the Court to rule on the propriety of
the asserted claim of privilege or work product production.
4. Ifthe responding party knows ofthe location of any requested document and does

not produce the document on the ground that the document is not in the responding party's

possession, custody, or control, the responding party shall identify the document and identify the

person who the responding party believes does have possession, custody, or control of the
document.
5. The term "identify" shall mean:

a. When used with reference to a natural person, to state his/her full name,

present or most currently known residential address, present or most
currently known employer and employment address, and present or most
currently known

job title;

b. When used with reference to a legal or judicial organization or entity, to

state its full formal name, its present principal place of business or
activity, the state of its organization, and to identify its present president or

chief executive offcer;
c. When used with reference to a document, to state the document's title or

name, date, author, addressee, other recipients, type and general subject

matter, and any other information sufficient to support a request for

production of documents. If the document is not in the possession,
custody, or control of the party responding to the particular discovery

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request, the person who has custody, possession, or control of the
document should be identified.

6. These document requests are continuing and require the tiling of supplemental
responses to the full extent required by Rules 26 and 34 of the Federal Rules of

Civil Procedure.

DOCUMENTS REQUESTED
Defendant hereby requests that Plaintiff identify and produce for copying the following
documents:

1. Any and all documents identified or referred to in your answers to Defendant's
First Set of Interrogatories to Similarly Situated Employees.

RESPONSE:

2. Any and all documents which substantiate or in any way relate to the wages,
damages, benefits, expenses and/or any other amounts you seek to recover in this action,
including but not limited to, the cost and expenses you claim to have incurred in connection with
the maintenance of this action.

RESPONSE:

3 . Your pay stubs, payroll records, earnings records, time sheets, calendars, and
documents reflecting your hours of work during your employment with Defendant.

RESPONSE:

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4. Any and all documents sent or given by you to the Defendant or received by you
from the Defendant related to the allegations contained in the Complaint.

RESPONSE:

5. Any and all documents sent or given by you to Defendant communicating to
Defendant and/or Defendant's agent(s), representative(s), and/or employee(s) your hours of

work

during your employment with Defendant.

RESPONSE:

6. All documents related to or demonstrating the number of hours you claim you

worked each week during your employment with Defendant Heartland Home Finance.

RESPONSE:

7. Any and all documents obtained by you, or anyone acting on your behalf, from
any person or entity, including, but not limited to the Department of Labor, concerning the
occurrence of any of the incidents or matters referred to in the Complaint, in your answers to
Defendant's First Set of Interrogatories to Similarly Situated Employees, or any claim you might
have against Defendant.

RESPONSE:

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8. Any and all tape recordings and/or records retained or created by you relating to

oral communications between you and any current and/or former agent, employee, and/or
representative of Defendant or any other potential witness concerning the allegations referred to
in the Complaint.

RESPONSE:

9. Any and all documents relating to communications between you and any present

or former employee or representative of Defendant.

RESPONSE:

10. Any and all calendars, planners, appointment books, work logs, time sheets,
calculations of hours worked, desk calendars, desk pads, personal diaries, or other such daily,

weekly, or monthly planing and/or appointment notes during the period of your employment
with Defendant.

RESPONSE:

11. All documents pertaining to the claim that "During the statutory period, Plaintiff
and the similarly situated employees routinely worked in excess of forty (40) hours per week
without overtime compensation," as alleged in paragraph 4 of the Complaint.

RESPONSE:

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12. All documents pertaining to the claim that "(a)s a loan officer, I worked in excess
of 40 hours per week on average, and was not compensated for all hours worked," as alleged in
the Declarations submitted by Plaintiffs' counseL.

RESPONSE:

13. All documents pertaining to the claim that "Defendant knew, or showed reckless

disregard for the fact that its failure to pay loan offcers overtime compensation was in violation

of these laws (the Federal Fair Labor Standards Act, 29 U.S.c. § 201 et seq.)," as alleged in
paragraph 6 of the Complaint.

RESPONSE:

14. Any and all documents other than those described in the above requests,
concerning any of the matters alleged in the Complaint, in your answers to Defendant's First Set

of Interrogatories to Similarly Situated Employees, or any claim you might have against
Defendant.

RESPONSE:

15. All documents, not otherwise produced, which you anticipate presenting in

evidence at triaL.

RESPONSE:

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Respectfully submitted,

David 1. Carr IN Attorney . 4241-49 Steven F. Pockrass, IN Attorney No. 18836-49 ICE MILLER One American Square, Box 82001 Indianapolis, IN 46282
Phone: (317) 236-2100

Sean R. Gallagher HOGAN & HARTSON LLP
1200 Seventeenth St., Suite 1500

Denver, CO 80202

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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was sent by United States Mail, postage

prepaid, this 1t day of _~ ' 2005, to the following:
Donald H. Nichols Paul 1. Lukas Michele R. Fisher 4644 IDS Center 80 South 8th Street

Minneapolis, MN (1l, CL

Attorney for Defendant

,

INDY 1525006v.l

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