Case 1:03-cv-02485-MSK-PAC
Document 345-26
Connie Modell 1/6/2006
Filed 02/16/2006
Page 1 of 5
Camille Melonakis-Kurz, et al v. Heartland Home Finance, Inc.
Page 1
1
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
CAMILLE MELONAKIS-KURZ,
2
3 individually and on behalf
of other similarly situated
5 Plaintiff,
6
4 employees,
vs.
No. 03-MK-2485
7 HEARTLAND HOME FINANCE, INC. ,
8
Defendant.
9
10 The discovery deposi tion of CONNIE MODELL,
11 called by the Plaintiff for examination, taken
12 pursuant to the provisions of the Code of Civil
13 Procedure and the Rules of the Supreme Court 14 of the State of Colorado pertaining to the
15 taking of depositions for the purpose of
16 di s covery, taken be fore PAMELA M. TERRY,
17 18 19 20 21 22
24 25
CSR No. 084-001170, a Notary Public within and for the County of Cook, State of Illinois, and a Certified Shorthand Reporter of said State, at the offices of Victoria Court Reporting Services, Inc., 29 South LaSalle Street, Suite 200, Chicago, Illinois, on the 6th day of January,
23 2006, at 10:45 A.M.
Case 1:03-cv-02485-MSK-PAC
Document 345-26
Connie Modell 1/6/2006
Filed 02/16/2006
Page 2 of 5
Camile Melonakis-Kurz, et al v. Heartland Home Finance, Inc.
Page 16
1 officer might be working overtime and ask them about
2 it?
3
4
A
Q
That iS part of managing their time, and yes.
When did that happen?
Typically on a Wednesday.
5
6 7
A
Q
Okay.
Explain to me what happened.
A
Review the time sheets, see what hours are
8 being worked, and re-evaluate the schedule from that
9 point forward.
10
11
Q
How so?
I am not sure I understand what you are
A
12 asking.
13
Q
What do you mean when you say, "re-evaluate
14 the schedule from that point forward?"
15
A
Well, they would take some time off if they
1 6 were looking like they were going to work over
1 7 4 0 hours or increase their time to make 4 0 hours.
18
Q
Okay.
Tha t hasn't been your practice though
19 during the entire time frame that you have been a
20 Manager, has it?
21 A Since -- I believe it was July of 2002 when
22 we put the time sheet in place.
23
Q
Okay.
Because prior to July of 2002, you
24 guys weren't tracking the time of the loan officers,
25 right?
Case 1:03-cv-02485-MSK-PAC
Document 345-26
Connie Modell 1/6/2006
Filed 02/16/2006
Page 3 of 5
Camile Melonakis-Kurz, et al v. Heartland Home Finance, Inc.
1
A
Q
That's correct.
Okay.
So, would you agree that it is
Page 17
2
3 possible that loan officers were working overtime
4 prior to July of 2002?
5
6
A
Q
Not to my knowledge.
Okay.
Did you ever receive any instruction
7 in July of 2002 when the company started using time
8 sheets for the first time as to how these time sheets
9 should be completed?
10
11
A
Q
Yes, we did.
Okay. Who did you receive that instruction
12 from?
13
A
I don't recall who was on the call, but it
14 would have been my Manager, probably Don, I don't
15 know.
16
Q
Would that have been Marty Pieczynski at the
1 7 time or Jay Dunsing? Do you know who was your Manager
18 then?
19
A
Q
That would have been Marty Pieczynski.
What do you recall being said?
We were logging time.
20
21
A
"Loan officers need to
22 sign in, sign out, lunch breaks, end of the day, and
23 work no more than 40 hours."
24
Q
Is that the only conversation you recall when
25 these time sheets came out wi th respect to how they
Case 1:03-cv-02485-MSK-PAC
Document 345-26
Connie Modell 1/6/2006
Filed 02/16/2006
Page 4 of 5
Camille Melonakis-Kurz, et al v. Heartland Home Finance, Inc.
1
40
hours a week,
"
or anything like
Obj ection.
2 3
4
MS. HATFIELD:
that. It is as ked
Page 24
and
answered.
BY MS.
Q
FI SCHER:
5 6
A
can go ahead and answer. When the time sheets were insti
You
tuted in July
7 of 2002, we were on 40 hours a week, period, so no one
8 was working overtime.
9
Q
Were you told that your loan officers were
10 suppose to work 40 hours?
11 12
A
Q
They cannot work more than 40 hours.
Was it permissible for them to have a
13 30-hour-a-week schedule, or were you suppose to try to
14 keep them at 40 or around 40?
15
A
Q
It was permissible to have less than 40.
16
Were you ever instructed though to try to
17 make your loan officers have around 40 hours per week?
18
A
Q
No.
No?
19
20
21
A
Q
Uh-Uh.
Just one second.
Did you have any
22 understanding as to how a loan officer would be paid
23 if they worked overtime hours?
24
A
Q
No.
It was not available.
25
What efforts have you made, if any, to make
Case 1:03-cv-02485-MSK-PAC
Document 345-26
Connie Modell 1/6/2006
Filed 02/16/2006
Page 5 of 5
Camile Melonakis-Kurz, et al v. Heartland Home Finance, Inc.
Page 37
1 their time sheets even if they worked it, anything
2 like that?
3
A
No.
They weren't allowed to work more than
4 40 hour s .
5
Q
I f loan officers told you they were not
6 allowed to record more than 40 hours on their time
7 sheets even though they were working more, that would
8 be false?
9
A
Q
That would be false.
Did you ever tell your loan officers at any
10
11 time that they were not allowed to work more than
12 40 hours per week?
13
14
A
Q
I am sorry; one more time.
Did you ever tell your loan officers that
15 they were not allowed to work more than 40 hours per
16 week?
17
A
Yes, they cannot work more than 40 hours per
18 week.
19
Q
When was the first time you told them that?
On or about sometime in July of 2002.
20
21
A
Q
Okay. Are you aware of any loan officers
I am not aware of loan officers working from
22 working from home?
23
A
24 home.
25
MS. FI SCHER:
Okay. All right.
I have no further