Free Motion to Compel - District Court of Colorado - Colorado

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

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EXHIBIT A

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO
Camile Melonakis-Kurz, Individually and on behalf of other Similarly Situated Employees,
CASE NO. 03-MK-2485 (PAC)

) ) )

Plaintiff(s),
v.

) ) ) )
) ) ) )

Hearland Home Finance, Inc.

Defendant.

DEFENDANT'S FIRST SET OF INTERROGATORIES TO SIMILARLY SITUATED EMPLOYEES

Defendant Heartland Home Finance, Inc. ("Defendant"), by counsel, pursuant to Rules
26 and 33 of the Federal Rules of Civil Procedure, hereby submits the following Interrogatories
to all Similarly Situated Employees of the class conditionally certified by the Cour in this matter
and defined as follows:

All persons employed by defendant as loan officers from December 5, 2000 to the present, and who did not receive overtime compensation for working more than forty hours in a week.

The written interrogatories set forth below are to be answered in writing and under oath
by each Similarly Situated Employee within thirty (30) days of

the date of service hereof.

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

2. The term "Defendant" as used herein refers to Defendant Heartland Home

Finance, Inc., its employees, agents and representatives.

3. The terms "you" and "your" as they are used herein, refer to each Similarly
Situated Employee and include any agent or representative 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-office 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, 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 representative 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, concernmg,
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.

INSTRUCTIONS
1. If an Interrogatory is objected to, the reasons for the objection must be stated in

lieu of an answer. An evasive or incomplete answer is deemed to be a failure to answer under
Federal Rules of Civil Procedure 37(A)(3).
2. The term "identify" shall mean:

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

present or most curently known residential address, present or most
curently known employer and employment address, and present or most
currently known job title;

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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 officer;

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 suffcient 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

request, the person who has custody, possession, or control of the
document should be identified.
3. These Interrogatories are continuing and require the fiing of supplemental
responses to the full extent required by Rules 26 and 33 of

the Federal Rules of Civil Procedure.

INTERROGATORIES INTERROGATORY NO.1: State the full name, address, and social security number
of the person signing these Interrogatories.

ANSWER:

INTERROGATORY NO.2: State the identity of every person known to you or to
your attorneys, who has or claims to have any knowledge regarding the facts and circumstances

surrounding the occurrence of the incidents referred to in the Complaint or in your answers to
these Interrogatories.

ANSWER:

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INTERROGATORY NO.3: If you have ever been a party in another lawsuit, legal
action or administrative proceeding, whether criminal or civil in nature, for each such suit, action
or proceeding, state:

(a) The names of the parties and a summary of the allegations contained in the complaint or charge and any amendment
thereof;

(b) The state, city, and court or agency in which each suit,

action or proceeding was filed or in which a conviction or judgment was rendered;

(c). The date of filing;

(d) The identity of the attorneys or other representatives for
each party; and

(e) The amount of any settlement or judgment, if any, and, if the action was criminal, whether the conviction was by plea
of guilty or by verdict after triaL.

ANSWER:

INTERROGATORY NO.4: State with particularity the nature and amount of all
damages, costs, benefits, expenses and/or other amounts or relief for which you seek recovery in

this action as a result of the incidents referred to in the Complaint or in your answers to these
Interrogatories.

ANSWER:

INTERROGATORY NO.5: Have you, or anyone acting on your behalf, had any
communications with or obtained any report, statement, memorandum or testimony concerning

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any of the matters alleged in the Complaint or in your answers to these Interrogatories from any

ofthe person(s) identified in response to Interrogatory No.2? If so, state:
(a) The identity of all such persons;

(b) When and where each such communication, report,
statement, memorandum or testimony was taken; and
( c) The identity of the person or persons having custody of

each such statement, report, memorandum or testimony.

ANSWER:

INTERROGATORY NO.6: Have you, or anyone acting on your behalf, had any
communications with or obtained any report, statement, memorandum or testimony concerning
any of the matters alleged in the Complaint or in your answers to these Interrogatories from any
individual currently and/or formerly employed by Defendant Heartland Home Finance? If so,

state:
(a) The identity of all such persons;

(b) When and where each such communication, report,
statement, memorandum or testimony was taken; and
( c) The identity of the person or persons having custody of

each such statement, report, memorandum or testimony.

ANSWER:

INTERROGATORY NO.7: State with particularity each and every fact, and identify
each document, which you contend supports, refers, reflects or relates to the allegations set forth
in paragraph 4 of the Complaint that "During the statutory period, Plaintiff and the similarly

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situated employees routinely worked in excess of forty (40) hours per week without overtime
compensation. "

ANSWER:

INTERROGATORY NO.8: State with particularity each and every fact, and identify
each document, which you contend supports, refers, reflects or relates to the allegations set forth
in the Declaration submitted by Plaintiffs' counsel 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."

ANSWER:

INTERROGATORY NO.9: State with particularity each and every fact, and identify
each document, which you contend supports, refers, reflects or relates to the allegations set forth

in paragraph 6 of the Complaint 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.)."

ANSWER:

INTERROGATORY NO. 10: State the names, addresses and telephone numbers of

all

persons with whom you, your attorney or other representatives have discussed the matters
referred to in the Complaint or your answers to these Interrogatories or to whom you have made
representations concerning the facts of said matters.

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ANSWER:

INTERROGATORY NO. 11: Do you have any notes, calendars, time sheets, tape
recordings, photographs or other such memoranda of your work schedule or of any meetings,
events, conversations or other communication concerning the matters referred to in the

Complaint or in your answers to these Interrogatories? If so, state:

(a) When and where each such note, calendar, time sheet, tape
recording, photograph or other memorandum was made;
(b) The identity of the person or persons having custody of

each such note, calendar, time sheet, tape recording, photograph or other memorandum;
(c) The identity of all persons who were present, a party to

and/or witnessed each such meeting, conversation or
communication; and

(d) The identity of the person or persons having custody of

each such note, calendar, time sheet, tape recording, photograph or other memorandum.

ANSWER:

INTERROGATORY NO. 12: State the days of work you missed due to vacation,
ilness or otherwise during your employment with Defendant.

ANSWER:

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INTERROGATORY NO. 13: State with particularity the amount of hours, per
day/week/month/year, that you believe you were not properly compensated for during your

employment with Defendant.

ANSWER:

INTERROGATORY NO. 14: Identify your direct supervisor(s) during your
employment with Defendant.

ANSWER:

INTERROGATORY NO.

is:

Identify your branch manager(s) during your

employment with Defendant.

ANSWER:

INTERROGATORY NO. 16: Identify the branches you worked at and the respective
dates of employment at each branch during your employment with Defendant.

ANSWER:

INTERROGATORY NO. 17: For each witness you mayor intend to call at trial, state:
(a) The witness's name, address and telephone number;

(b) The subject matter on which each witness is expected to

testify; and

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(c) The substance of the facts to which each witness is
expected to testify.

ANSWER:

INTERROGATORY NO. 18: For each expert witness you intend to call at trial, state:
(a) The expert's identity;
(b) The identity of the expert's employer;

(c) The subject matter on which each such expert is expected
to testify;

(d) The present occupation of each such expert;

(e) The substance of the facts to which each such expert is

expected to testify;
(f) The opinions to which each such expert is expected to

testify; and
(g) A detailed summary of the grounds for each opinion.

ANSWER:

ReSOOrieDavid J. Carr, Attorney No. 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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I hereby certify that a copy of the foregoing was sent by United States Mail, postage
prepaid, this 1l c- day of

~~

CERTIFICATE OF SERVICE

, 2005, to the following:

Donald H. Nichols
Paul 1. Lukas

Michele R. Fisher 4644 IDS Center 80 South 8th Street Minneapolis, MN 55402

~leJLt~
INDY 1524997v.l

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