Free Response to Motion - District Court of Colorado - Colorado

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

Document 345-23

Filed 02/16/2006

Page 1 of 3

Martha L. Liphard 1/23/2006 Camille Melonakis-Kurz, et al. v. Heartland Home Finance, Inc.

Page 1

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IN THE UNITED STATES DISTRIC COURT
FOR THE DISTRICT OF COLORADO

4 CAMI LLE MELONAKI S - KURZ,

5 indi vidually and on behal f

6 of other similarly si tuated

7 employees,
9

8 Plaintiffs,
vs.
Civil Action No.
03-CV-2485 (MSK/PAC)

10

11 HEARTLAND HOME FINANCE, INC.,

12 Defendant.
13
14

15

16
17 18

The Videotaped Deposi tion of MARTHA L. LIPHARD,

Taken at 120 North Washington Square,
Lansing, Michigan,

19

Commencing at 4:49 p.m.,

20 21
22

Monday, January 23, 2006,

Before Patricia A. Way, CSR-1201.

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24

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Paradigm Reporting & Captioning Inc.

612-339-0545

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

Document 345-23

Filed 02/16/2006

Page 2 of 3

Martha L. Liphard 1/23/2006 Camille Melonakis-Kurz, et al. v. Heartland Home Finance, Inc.

Page 56

1

Q.

I believe you testified earlier that -- wait a second.

2

Were there any other times that you worked less than
40 hours?

3
4

A.
Q.

Not tha t I remember.

5
6 7 8

Earlier you testified that you were not aware that
there was a policy requiring loan officers to get pre-approval for overtime hours, correct?

A.
Q.

Right.
Did you have an employment agreement while you were a

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10
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loan officer?
A.

I may have signed something in the beginning.

I don't

12 really remember.

13 MARKED BY THE REPORTER: 14 DEPOSITION EXHIBIT NUMBER 3

15 6:12 p.m.
16 BY MS. HUFF:
17
Q.

You've just been handed what's been marked as
Exhibi t 3, and you don't have to go through the whole

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19 20
21 22 23
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document, but if you could just verify for me that
your initials are on the bottoms of the pages where it

says ini tial for those pages that have ini tials.
A.
Q.

It's not on the bottom of 14291.

Which has no initial on it, correct?

A.
Q.

Right. My goodness.
And is that your signature on the third page which is

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Paradigm Reporting & Captioning Inc.

612-339-0545

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

Document 345-23

Filed 02/16/2006

Page 3 of 3

Martha L. Liphard 1/23/2006 Camille Melonakis-Kurz, et al. v. Heartland Home Finance, Inc.

Page 57

1

DEF 14299?
A.
Q.

2

Yes.
Can you turn to the fourth page of the document for

3
4

me, DEF 14290, paragraph 6? You see where it says
employees duties?
A.
Q.

5
6
7 8

Uh-huh, yes.
Can you read for me Section (e) of paragraph 6?
Comply wi th all policies and procedures of the

A.

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employer which relate to the verification of hours

10 11 12
Q.

worked and pre-approved overtime hours.
And you initialed this page, correct?
A.
Q.

Yes.

13
14

Did you read it?
Yes, but how many -- there's 13 pages and you're just
coming in to a new job.

A.

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How many people really think

about what they write and what they sign but, yes, I

did.

I don't think I ever worked any hours wi thout

their knowledge. Wouldn't that be classified as

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approval?
Q.

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21 22

Well, you testified earlier, I believe, that you
didn't know if Billie Cray knew the hours you were

working, correct?
A.
Okay, Billie Cray.
and -- and Eric.
Q.

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24

But I'm speaking more of Alicia

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Eric.

So was Eric aware of all the hours you were

Paradigm Reporting & Captioning Inc.

612-339-0545