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

Document 345-54

Filed 02/16/2006

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EXHIBIT Q

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

Document 345-54

Filed 02/16/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

CAMILLE MELONAKIS-KURZ , individually and on behalf of other similarly

si tuated employees,

Plaintiffs,
VS.
CIVIL ACTION FILE NO. 03-MK-2485

HEARTLAND HOME FINANCE, INC.,

De fendan t .
CERTIFICATE OF NONAPPEARANCE FOR THE DEPOSITION OF JAMES TRIMBLE December 14, 2005
10:10 a.m. Tiffany Alley & Associates 400 Perimeter Center Terrace Atlanta, Georgia

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Karen F. Gifford, RPR, CCR-B-1887

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

Document 345-54

Filed 02/16/2006

Page 3 of 7

James Trimble 12/14/2005

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

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APPEARANCES OF COUNSEL: On behalf of the Plaintiffs: JILL M. NOVAK, ESQ. Nicholas Kaster & Anderson, PLLP 4600 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 (612) 256-3200
On behalf of the Defendant:
DAVID J. CARR, ESQ. SCOTT D. MATTHEWS, ESQ. Ice Miller

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One American Square
Box 82001
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Indianapolis, Indiana 46282
(317) 236-5840

Also Present:

Mr. Thomas E. Beck, Heartland Home Finance

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

Document 345-54

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James Trimble 12/14/2005

Camile Melonakis-Kurz, et al. v. Heartland Home Finance, Inc.
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G E 0 R G I A:
FULTON COUNTY:

I hereby certify that I did appear at the

above-referenced location on the above-referenced date
and time for the taking of the deposi tion of JAMES
TRIMBLE;

David J. Carr, Scott D. Matthews, and Jill M.

Novak, Attorneys at Law, were present at the
deposi tion;

That I remained in attendance and ready to take the above-referenced deposition until

10:13 a.m.; The following statement was put on the record:
MR. CARR:

We are now assessing the status of

the depos i tion of James Trimble, which was duly noticed and scheduled for today a t noon.
It is not yet noon, it's 10:11 a.m., but we

have learned from Mr. Trimble's counsel that he is not
planning to attend today.
And this is, in part,

because he apparently is in Saint Augustine, Florida.
The concern that the defendant has is

twofold.

First, Mr. Trimble's deposition was

originally planned for Pittsburgh, I believe noticed
for Pittsburgh, but it was requested that it be

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

Document 345-54

Filed 02/16/2006

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James Trimble 12/14/2005

Camile Melonakis-Kurz, et al. v. Heartland Home Finance, Inç.
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changed to Atlanta, because it was represented this

was where Mr. Trimble lived, was Atlanta, and we would

be able to do the depos i tion in Atlanta.

Now, I am

willing to concede it may have been a miscommunication
whether he lived in Atlanta or not, and I'm not
pinning that on opposing counsel.

However, I am concerned that this date and

time and place were agreed to and Mr. Trimble does not appear to have made even the slightest effort to
attend today and I find that very troubling.

And I am making this record to reserve our

right to seek all appropriate sanctions, up to and
including dismissal of this lawsui t as concerns

Mr. Trimble, wi th prej udice.
MS. NOVAK:

I'd just like to make a note that

Mr. Trimble was planning on coming today, but
apparently the drive is something that's preventing
him from making it.

He did inform me that he would be

willing to do the deposi tion by telephone today. I

asked opposing counsel if that would be agreeable. We
could try to get a court reporter out to Mr. Trimble.
They did not agree to that.

But he was planning on coming today.

It was

just, I think, the drive is what is preventing him

from attending.
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Case 1:03-cv-02485-MSK-PAC

Document 345-54

Filed 02/16/2006

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James Trimble 12/1412005

Camile Melonakis-Kurz, et al. v. Heartland Home Finance, Inc.
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MR. CARR:

Unless Mr. Trimble was

mysteriously transported to Saint Augustine by aliens,

I can i t imagine that the drive came as a shock to him
wi th respect to his deposi tion today.

And we did not agree to a telephonic

deposition. If we were golng to do a telephonic deposi tion, we would have stayed happily ensconced 1n
Indianapolis, Indiana, would not have ventured here to
Atlanta to take his deposition.

This is at the time, place, and location of

Mr. Trimble's choosing per the communications from his
counsel, and so it is irrational, from our

perspecti ve, for Mr. Trimble to take the pos i tion tha t the dr i ve is preventing him from appear 1 ng today, and tha t ' s putting it as kindly as I can think to put it. MS. NOVAK: I have nothing further. MR. CARR: I have nothing further.
MS. NOVAK:

Okay.

That at 10:13 a.m. the deposition was

adj ourned.
I further certi fy that I am not a rela ti ve or

employee or attorney or counsel of any of the parties,

nor am I a relative or employee of such attorney or
counsel, nor am I financially interested in the

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

Document 345-54

Filed 02/16/2006

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James Trimble 12/1412005

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

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This the 21st day of December, 2005.

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Karen F. Gifford, RPR,CCR-B-1887

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