Free Response to Motion - District Court of Colorado - Colorado

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

Document 345-25

Filed 02/16/2006

Page 1 of 5

1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Case No. 03 -MK-2485

--- --- - ---- - -- ----- - ------ ------ - - --- --- - -- --------

DEPOSITION OF CAMILLE MELONAKIS-KURZ
April 29, 2004

--- -- - --------- - - ----- --- -- ------- ----------------CAMILLE MELONAKI S - KURZ ,

Plaintiff,
vs.
HEARTLAND HOME FINANCE, INC.,

Defendant.
- - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- --APPEARACES:
NICHOLS, KASTER & ANDERSON, LLP By Donald H. Nichols, Esq.

and
Paul J. Lukas, Esq.

4644 IDS Center
80 South 8th Street Minneapolis, Minnesota 55402 Appearing on behalf of Plaintiff.

ICE MILLER
By David J. Carr, Esq.

One American Square
Box 82001 Indianapolis, Indiana

Appearing on behalf

46282
of Defendant.

Also Present: Josh Nielsen-Mayer

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34

1

Q

So that's three hours?

2

A
Q

Right.
So three hours in the evening plus one hour

3

4 in the morning would be four hours?
5
6

A
Q

That's correct.
Okay. So is it your testimony that you,

7 every week that you worked at Heartland Home Finance you

8 worked four hours outside of the office?
9

A
Q

Yes.
Now, without exception that it was a minimum

10

11 of four hours, or was it less than four hours some weeks 12 and more than four hours other weeks, per day?
13
14
A
Q

Three hours is what I initially said.

Yes, that is what you initially said, but

15 now it looks like it's four hours. I'm trying to make
16 sure I understand what your testimony is.
17
18
A
Q

Right.
So is it three hours or four?
I started taking calls at 7: 30 in the

19

A

20 morning and worked till 10: 00, so you call it whatever
21 you want.
22
Q

It's for you to call it. I'm trying to get

23 an understanding of what your testimony is. Are you
24 saying you worked three hours out of the office every

25 day or four hours, on average?

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63

1

Q

And was there ever any discussion about

2 working at home?
3

A

Yeah. He used to tell me, "Come into the

4 office and work," and I'm like, "Well, that sounds good,

5 but the problem is the phone is ringing at home. These

6 people are calling me at home. I need to talk to them

7 when they call."
8
Q

Why were they calling you at home? You had

9 a phone at Heartland, didn i t you?
10
A

With the -- we had just one line, and

11 actually there was quite a few times they could not get

12 ahold of us and could not get a message. Like on the
13 Carpenter loan, they could not get ahold of me on the
14 voice message, so they called me at home on the weekend.
15 16
Q

How did they have your home phone?
It i S on literature, company fax, my business

A

17 cards.
18
Q

How many loan officers were working there

19 when you were working there?
20 21
22
23
A
Q

I think -- I don i t know, eight or nine.

And there was one phone 1 ine?
Uh-huh.
There was more than one phone?
Right, yeah.

A
Q

24
25

A
Q

Each loan officer had their own phone?

Melonakis-Kurz Dep.

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70
1

MR. LUKAS: CertainL.y.

2
3

Q (By Mr. Carr) But beyond that, nothing else
that you're aware of that would allow us to track your

4
5 6 7
8 9

hours?

A No.
Q Why didn't you put your hours worked at home
on your time sheets at work?

A I just was under the assumption that it was
not allowed. Didn't really discuss it, but I had to do
it to get the work done.

10

11
12 13

Q Right, and why did you have that assumption
that it was not allowed?

A Because they were really controlL.ing and
controlled everything, and I just -- to tell you the
truth, I was so busy I didn't ask.
Q

14
15 16 17 18

And, in fact, were you ever told not to work

40 hours?
A

Over 40?

19 20

Q In fact, were you told not to work over 40

hours?

21
22
23

A Yeah, at the very end. Q Okay.
A About a month before I quit, but we were
also told by Marty not to go home without the three
credit pulls.

24
25

Melonakis-Kurz Dep.

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84

1 signature when it was C. Kurz, and maybe Josh signed for

2 you other times or somebody else?
3

A
Q

Somebody did, yeah.

4

Would you -- are you aware of what the

5 protocol was wi th respect to Josh signing for other

6 people?
7

A

Well, most managers sign the forms because

8 they i re responsible for the office i s paperwork.
9
Q

Uh-huh.

10

A
Q

It i S a part of every business.
Okay. Well, would you take a look through

11

12 these and tell me if any of them appear, any of your

13 entries appear inaccurate?
14
A

Well, like I said, those are the times I was

15 at the office. There's a lot of work that you have to

16 do in closings and picking up docs and taking stuff out
17 and meeting with people in their home that requires you

18 to be out of the office for
19
Q

Uh-huh. So as far as you can tell, looking

20 through these, you do believe these are accurate time 21 sheets for your time in the office?
22 23
A
Q

Yes.
Did you -- strike that. You already

24 answered it. You may have already answered it. I 'll
25 ask it one more time, and if counsel wants to object, he

Melonakis-Kurz Dep.