Free Brief in Support of Motion - District Court of Colorado - Colorado

Case 1:03-cv-02485-MSK-PAC
MELONAKIS-KURZ v HEARTLAND HOME FINANCE

Document 339-5

Filed 01/31/2006

Page 1 of 4
E. ARTIS

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Civil Action No. 03-CV-2485 (MSK/PAC)

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5 CAMILLE MELONAKIS-KURZ,
6 indi vidual ly and on behalf

7 of other similarly situated

8 employees,

10 vs.
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9 Plaintiffs,

11 HEARTLAND HOME FINANCE, INC.,

12 Defendant.
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The Videotape Deposi tion of ELLAMAY ARTIS,

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Taken at 120 N. Washington Square,
Lansing, Michigan,

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Commencing at 12:20 p.m.,

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Monday, January 23, 2006,

Before Patricia A. Way, CSR-1201.

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Case 1:03-cv-02485-MSK-PAC
MELONAKIS-KURZ v HEARTLAND HOME FINANCE

Document 339-5

Filed 01/31/2006

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E. ARTIS 1 -23-06

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was still employed. Too bad I can't get back
unemployment, huh?
Q.

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How did you know?

A.
Q.

Because you just supplied me with that form.

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Right, but the dates that are in paragraph 2, where
did those dates come from?

A.
Q.

I don't know.

When you signed it, did you think it was inaccurate?

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A.
Q.

No.
Why not?

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A.

I don't know. I don't recall it. I had a hard time
recalling the dates I worked for them.

Q.

Before I showed you that document today, did you believe that there was no break in your employment
from November 2000 until --

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A.
Q.

That is correct, until today.

So when you received this document and reviewed it

before signing it, did you think it was inaccurate
that there would be a break between July 20 -A.

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I didn't realize that there was a break there. I just
looked at it and seen it and signed it.

Q.

Did you read the document carefully before signing it?

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A.

Yes. I read the document carefully and signed it and

dated it.
Q.

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But you still missed two inaccurate statements?

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Case 1:03-cv-02485-MSK-PAC
MELONAKIS-KURZ v HEARTLAND HOME FINANCE

Document 339-5

Filed 01/31/2006

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E. ARTIS 1 -23-06

Page 127

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A.

As I said before, I reviewed the document and signed
and dated it, and in reference to the one statement, I
didn't know I was terminated on July 20th.

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Q.

Bu t you knew you were not a manager in Lans ing,

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correct?
A.

Yes.

MS. HUFF: Can we take a break?
VIDEO TECHNICIAN: We are going off the
record. The time is 1602 hours.
(Recess was taken at 4:02 p.m.)

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(Back on the record at 4:20 p.m.)

VIDEO TECHNICIAN: We are back on the
record. The time is 1620 hours.

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14 Please continue.
15 BY MS. HUFF:
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Q.

Do you understand you're still under oath?

A.
Q.

Yes.
Why were you promoted to a manager?
Because I was productive in my job. Is that the only reason?

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A.
Q.

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A.
Q.

I applied for it.
Anything else?
That's all I could think of.
Was there any opposi tion to your promotion?

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A.
Q.

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A.

From my current manager, yes. I mean, my current

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Case 1:03-cv-02485-MSK-PAC
MELONAKIS-KURZ v HEARTLAND HOME FINANCE

Document 339-5

Filed 01/31/2006

Page 4 of 4
E. ARTIS 1 -23-06

Page 128

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regional, yes.
Q.

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And who was that?
Rodney Drew.
And why did Rodney oppose your promotion?
He never told me.

A.
Q.

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A.
Q.

Did anybody else oppose it?
Not that I know of.

A.
Q.

What's a fee sheet?

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A.

It's one of the tools that Heartland gave us to fill
out for as far as charging fees to the loans.

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Q.

Who filled the form out?
The manager.

A.
Q.

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And who signs it?
The loan officer.

A.
Q.

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Why does the loan officer sign the form?
To say what they're charging the customer.
To say it to who?

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A.
Q.

A.

To the manager -- or, actually, no. The loan officer
signs because we are the ones that provide the information to the manager to submit it to the

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Q.

company, so signing off on it says that you
acknowledge the fee sheet.

So the manager completed the form?

A.

The manager would fill out the fee sheet. We would
sign on it acknowledging that the fee sheet was done.

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