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

Document 345-56

Filed 02/16/2006

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EXHIBIT S

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

Document 345-56

Filed 02/16/2006

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1

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CAMILLE MELONAKIS-KURZ,

individually and on behalf

of other similarly situated

employees,

t~lPlf
Ci vi 1 Action No.
03-CV-2485 (MSK/PAC)

Plaintiffs,
vs.
HEARTLAND HOME FINANCE, INC.,

Defendant.

The Statement on the Record,

Taken at 1515 Michigan Avenue, Northeast,

Grand Rapids, Michigan,
Commencing at 2:12 p.m.,

Wednesday, January 18, 2006,

Before Patricia A. Way, CSR-1201.

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

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Statement on the Record 1/18/2006

Camile Melonakis-Kurz, et aL. v. Hearland Home Finance, Inc.

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1 2

2

APPEARANCES:

3 JILL M. NOVAK
4 Nichols Kaster & Anderson, P.L.L.P.

5 80 South Eighth Street

6 4600 IDS Center 7 Minneapolis, Minnesota 55402 8 (612) 256-3243

9 Appearing on behalf of the Plaintiffs.
10

11 BETH HATFIELD

12 Ice Miller, L.L.P.
( 13

One American Square

14 Suite 3100 15 Indianapolis, Indiana 46282 16 (317) 236-5921 1 7 Appearing on behalf of the Defendant.
18

19

20 21
22

23
24

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25
Paradigm Reporting & Captioning Inc.

612-339-0545

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Statement on the Record 1/18/2006 Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
3

Grand Rapids, Michigan
Wednesday, January 18, 2006
2:12 p.m.

MARKED BY THE REPORTER:

DEPOS ITION EXHIBIT NUMBERS 1 & 2

MS. HATFIELD: Regarding Christopher Delor' s
deposi tion, the Defendants received an e-mail from

opposing counsel, Michelle Fischer, notifying
Defendants that Mr. Delor would appear at his
deposi tion if Defendants served him with a subpoena.

Defendants served Mr. Delor with a subpoena which is Exhibi t 2 in this matter. The subpoena was

scheduled
12:00 p.m.

or I'm sorry. The deposition was

scheduled for Thursday, January 19, 2006, at

After serving the subpoena, Defendants

became aware from opposing counsel that Mr. Delor would not appear for his deposition, that he has since

moved, and Plaintiffs stated that his deposition could
occur in Southfield, a Detroit suburb, where the
depositions have already occurred twice.

Defendants

should have been notified prior to the Detroit
deposi tions that Mr. Delor was going be having his

deposition at that location, so Defendants move for

Paradigm Reporting & Captioning Inc. 612-339-0545

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Statement on the Record 1/18/2006

Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
4

sanctions, fees, costs and Mr. Delor' s dismissal from

the lawsuit.
MS. NOVAK:

Plaintiffs are going to

stipulate that that's unfounded at this point because

we actually sent the defense counsel several e-mails

before they subpoenaed Mr. Delor and let them know of
his situation, that he had moved away from the

Grand Rapids area and he now lives approximately 15 to
20 minutes outside of Detroit, so that's obviously going to be the location where we would want to take
his deposition.

I think the Defendants, in that same e-mail,

I believe it's Exhibit Number 1, said that they would

also try to ßchedule him in Lansing. Mr. Delor also
lives approximately two hours from Lansing so that's

not a convenient location either. He is available to
be deposed in Detroit, so we want to get that on the
record, but we have sent prior e-mails stipulating
that Mr. Delor had moved prior to the Defendants
serving the subpoena.

I have nothing further.
MS. HATFIELD:

That's it for Mr. Delor.

Addi tionally, Defendants notified

Plaintiffs' counsel that we wished to depose
Wynette Bryant and Delano VanderGel t, and Plaintiffs

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Statement on the Record 1/18/2006 Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
5

arranged for them to be deposed at this location and
they failed to appear for their depositions.

Defendants move for sanctions, fees, costs and

dismissal of Wynette Bryant and dismissal of Delano
VanderGel t from the lawsuit.

MS. NOVAK:

Plaintiffs are going to

stipulate that that, once again, is an unfounded

request.

We didn't realize that Wynette Bryant now

lives in Tulsa, Oklahoma, and that's obviously too far

away from Grand Rapids, Michigan, to have a deposition
take place.

We did notify opposing counsel that that

was the case when we sent the schedule to them.
As far as Delano VanderGel t goes, we have

been unable to reach that Plaintiff. We have made
ever effort to try to contact them to schedule them
for a deposition.

The last person I want to put on the record
is a Cindy Doyle.

The defense counsel has requested

to take her deposition. She has withdrawn from the
case and we had notified opposing counsel of that

fact, so if they wanted to depose her, they should
have subpoenaed her to appear for a deposition.

MS. HATFIELD: That's it.
(Statement concluded at 2:17 p.m.)

MARKED BY THE REPORTER:

Paradigm Reporting & Captioning Inc. 612-339-0545

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Statement on the Record 1/18/2006

Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.

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1

6

DEPOSITION EXHIBIT NUMBERS 1 AND 2
2:17 p.m.

2 3
4

5 6
7 8

9

10 11 12

13
14

15

16
17
18

19

20 21 22

23
24

25

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Statement on the Record 1/18/2006

Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
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1 2

CERTIFICATE OF REPORTER
STATE OF MICHIGAN
SS

3
4

COUNTY OF CLINTON

5
6 7
8

I hereby certify that I reported

stenographically the foregoing proceedings

at the time and place hereinbefore set forth; that thereafter the same was reduced to computer

9

10 11
12 13 14

transcription under my supervision; and that this is a full, true, complete and correct transcription of said

proceedings.

15

16
17

18

19 20

21
22
Patricia A. Way, CSR- 120 1

23
24

Notary Public
Clinton County, Michigan

25
("

My Commission expires March 23, 2009

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Statement on the Record 1/18/2006

Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
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1

8

INDEX TO EXHIBITS

2 3
4

Exhibi t
(Exhibi t s attached to transcript. )
DEPOSITION EXHIBIT NUMBERS
1

Page

5
6
7 8

AND 2

6

9

10

11
12
(,

13 14

15

16
17

18

19

20 21
22

23
24

25

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Paradigm Reporting & Captioning Inc. 612-339-0545

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Document 345-56

Filed 02/16/2006

Page 10 of 14

Message

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Pockrass, Steven F.
From: Pockrass, Steven F.

o

o

Page 1 of1

Sent: Monday, January 16, 2006 8:55 PM

To: Flanagan, Brian

Cc: 'Fisher, Michele'; Novak, Jil; Carr, David J.; Hatfield, Beth
Subject: Christopher Delor

~ ! I

Brian,
I am in receipt of

I

your e-mail regarding Chrstopher Delor, who is scheduled to be deposed in Grand

I

Rapids.

i
~

,

Pursuant to the schedule that Michele sent us stating that Mr. Delor would appear for his deposition if subpoenaed, we sent a subpoena. We have already traveled to Southfeld, Michigan (a Detroit suburb), twice for depositions. IfMr. Delor had wanted to be deposed in Detroit, then we should have been advised ofthat prior to the Detroit depositions.

Î,
! I

We expect Mr. Delor to show up for the deposition for which he was subpoenaed. Alternatively, in an effort to accommodate him, please add him to the Lansing depositions scheduled for next week. Otherwise, we wil move to dismiss him and lor to seek other appropriate sanctions for his nonattendance.

j

i
i i
ì J .1

Thans,
(
Steve

I ¡
1 1

j
J J 1

ICEt:ILLERt.LP hllu'L COmUitL
STEVEN F. POCKRASS, ESQ.
Attorney at Law Phone (317) 236.5921 Fax (317) 592.4892 Ernail steven.pockrass (¡ ¡cemiler.com
One American Square Suite 3100 Indianapolis, IN 46282-0200

¡

ì 1 I

I

ww.icemiler.com

Open as vCard

1/16/2006

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

Document 345-56

Filed 02/16/2006

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AO 88 (Rev. 1/94 Sub oena in a Çivil Case

Issued by the

l1nitea States Ðistrict Court
DISTRCT OF COLORAO CAMLE MELONAKIS-KUR, SUBPOENA IN A CIVIL CASE
Individually and on behaJf of other similarly situated. employees, Plaintiffs, v.
HEARTLAN HoME FINANCE, INC. CASE NUER:

i 03-MK-2485 (PAC)

Defendant.

TO: Chrstopher Delor
3940 Màyfiel4 NE, Apt. I-L

Grand Rapids, MI 49525
DYOD ÅR COMMANED to appear in the United

States Distrct Cour at the place, date, and tie specified

PLACE OF TESTIMONY COURTROOM
DATE

below to testify in the above case.

AN TIM
i
I

(
YOU AR COMMED

deposition in the above case. . .
PLACE OF DEPOSITION

to appear at the place, date, and time specifed below to testify at the tag of a

BienenstockReporting, 1515 Michigan Avenue NI

DATE

AN

TIM

Grand Rapids, MI 49503
YOU AR COMMED to produce and permt inspection and copying of

T)iursday, 1/19/06 (l

"

,i

at the place, date, aid time speèified above. .

12:00 ;m. the followig dòcuments or objections

~ ~ ~ i¡ ~

PLACE DEPOSITON I DATEANDTIME

PREMISES I DATE AN TIM
ISSUIG OFFICER SIGNATU AND trLE (INICATE IF ATTORNY FOR

DYOU AR COMMED to

permt inspection of the following prenuses at the date and tie specifed below.

I

Any organiation nota part to ths suit that is subpoenaed for the takig of a deposition shall designte

30 ) 6 . . . .
Attorne . for Defendant
(See Rule 45, Federl Rules Civil of

one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set fort for each person designed, the matterS. on which the person will testify. Federal Riles of Civil Procedure,
DATE
January 11, 2006

PLA IF OR E E T)
ISSUIG OFFICER' AMÈ; ADDRESS AN PHONE NúER
Beth Hatfeld, ICEMILERLLP, One American Square,

Telephone: (317) 236-2100 . .

Suite 3100, Indianapolis, IN 46282-0200;

Procedure, Part C&D on Revere)

IIf action is pending in district other than distrct ofisstÌance, state distict under case number. .

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

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AO 88 (Rev, 1/94) Subpoei¡ io a Civil Case

Michelle FisJier, Nichols, Kaster & Anderson, 4644 IDS Center, 80 South 8 Street,

SERVED, , Ib
DATE

,PROOF OF SERVICE

PLACE

Minneapolis, MN 55402' Via Facsimile and Federal Express
SERVED ON (pRIT NAME) MANNER OF SERVICE
SERVED BY (pRIT NAME)
TITLE

Beth Hatfeld

Attorney fòr Defendant, Heartland Home Finance, Inc.

DECLARTION OF SERVER
I declare under penalty of perjur under the laws of the United States of America that the

foregoing information contained in the Proof of Servce is tre and correct.

Exocure un ¡",,, ll, 2006 r&.. .~
' " , 'SrGNA a SERVER
ADDRESS OF SERVER

Ice Miler LLP
One American Square, Suitè 3100

Indianapolis, Indiana 46282
Rule 45, Federal Rules of

Civil Procedure, Parts C & D:
to travel to a plac more than 100 miles from ,the plac where that pelSon resides, is employed .or regularly trsacts business.ln person, except that, subject to the provisions of clause (c)(3)(B)(ii) of this rule, such a pelSon may in order to atnd tral be commanded to travel from any such place
within the slate iri which the tral is held, or '

(
(c) PROTECTION OF PERSONS SUBIDCT TO
SUBPOENAS.
'(I) A par

(ii) ~iiires a pelS'on who is not a par or an, offcer of. par'

or an attorney responsible for the issuance and service of

a subpona shall tae reasonable step to avoid imposing,widue burden 01
exji on a person subject to'thatsubpon:i The c~~rt on behalf of

which the subpòna was issued shall enforce tlllS duty and unpose upon the may pary or attrney in breach of this duty an appropriate sanction which 'reaonable attorney's fee. include, but is not limted to, lost earings and

(ii) reuires disclosure of privileged or other protected matter
" ard no exception or waiver applies, or " "

copyig of designated books, papers, documents or tagible thmgs, or
inspection of premises need nof appea in polSori at ~.e place ~f prOdu~tion

(2) (A) A person commanded to produce and peiiit .inSpect.ioIi and

research, development, or commercial infonnation or "" (ii) requires disclosure of an wietained expert's opinion or
"resultig from the exPert's study made not at the request of

(B) (iv)requiressubpoeasecret or ot1er confidential Ifsubjectsdisclosuretoofwidue buren. a a: pelSòn a trade " (i)
any par"or

or inspection unles commanded to apper for deposition, heig or tral.
Subject to paigrph (d)(2) of this rule, a pelSon commded, to produce and peiiit inspeion and. copying, may, within 1,4 da~ after
(B)

infonnation not describing speific events or Ocurences in dispute and

service of subpoena or before the time specified for comphance if such
time is less than 14 days after service, serve upon theattorney part or

(iii) requires a person who is riot a par-or an offeer ofa par to incur subst.antial expense to travel more than 100 mileS to atndtral, the, cour may, to protect ,; peon subject to or affected by the subpna; q\lh

designated in ihe subpoena wiitten objection to insp~ion or c~pyi~g ~f any or all of the designated materials or of the premises. If objection is
made, the par servce the subpoea shall not be entitled to inspec and

or niodiJy t1e subpona or, if the par in whose behalf t1e subpoeoa is
issued shows a substantial'need for the testimony or material that cannot be
otherwe met without undue hardship and asure that t1e pelSon to whom

copy materials or inspect t1e premises except pLluat to an order of the court by which the subpona was issued. If objectio,n has' been made" the
par servng the subpoena may, upon notice to, the peon ~mmanded to produce, move at any time for an orde, to compel the prod~ction. Such an
order to compel

the subpona is addrsed will be reasoriably, compensated the cour may
order appece or production only upon speified coditions. ,

(d) DUTS IN RESPONDING TO SUBPOENA
(I) A'pelSon respònding to a subPoiia to prouce documents shall produce them as t1ey are' kept in t1e usual cOUle of busineSs or shall
organize and label them to correspond with the categories in the l1emand.

proction shall protec any pelSon who is not a par or

an offcer of a part from signifcant expense resulting from the inspection

and copyig comnianded. '

(3) (A)'On timely moiion, the cour by which a subPona was issued shall
quah or modiJy the subpona if it (i) fails to allow reasonable time for compliance;

" (2) When infoimation subject to a subpoena is ,witheld on a claim tht it is privileged or subject to protecton as tral preaition materials, the claim shall be made expresly and shall be aupport by a decrption ofthi:
natur of the documents, communiCations, or things not prouced t1at is , suffcient to enable the demanding par to contest the claim.

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

Document 345-56

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IN THE UNITED STATES DISTRICT COURT
FOR THE

DISTRICT OF COLORAO

MAGIStRATE JUGE ii ATRICIA A. COAN
Civil Action No.03-MK~2485 (pAC)

. CAMLE MELONAKS-KUR ,
individually and on behalf of other sj¡nilarly situated employees Plaintiff(s),

v. HEARTLAN HOME FINANCE, INC.,
. Defendant.

NOTICE OF DEPOSITION

Please take notice that Defendant, by counsel,wil1 take the deposition of Chrstopher
í

(

Delor before a reporter qualified to take such deposition, beging at l2:00p.ri. on

Thursday,

1anuar 19, 2006,

and wil coiitinue thereafter by adjourient until completed: The depoi;ition

. wil take place at Bienenstock Reportmg, 1515 Michigan Avenue NE, Grand Rapids, MI 49503.

Beth Hatfield, INttoriey No. 24932c49
ICE MILLER LLP
One American Square, Suite 3100
Indiiuapolis,IN 46282-0002

Phone: (317) 236-2100

Sean K Gallagher HOGAN & HATSON 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 Federal Express and facsimile
this 11th day of January, 2006, to the following:

Michele R. Fisher Nichols, Kaster & Anderson 4644 IDS Center
gO South gth Street

Minneapolis, MN 55402

Attorney for D. nd

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ICKMILLER LLP . One American Square, Suite 3100 Indianapolis, IN 46202-0002.
Phone: (317) 236-2100

INY 1666204v.1

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