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

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

Document 339-38

Filed 01/31/2006

Page 1 of 4

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1 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
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4 CAMILLE MELONAKIS-KURZ,
etc., et a1.,
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Plaintiffs,
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Case No. 03-CV-2485

vs.
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(MSK/PAC)

HEARTLAND HOME FINANCE,

8 INC. ,
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9 Defendant.
THE CONTINUED DEPOSITION OF DAVID SANDIFER THURSDAY, NOVEMBER 10, 2005

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The videotaped deposition of DAVID SANDIFER, called by the Defendant for examination pursuant to the Federal Rules of Civil Procedure, taken before me, the undersigned, Darlene Vance, Registered

Professional Reporter and Notary Public wi thin and
for the State of Ohio, taken at the offices of Cady
Reporting Services, Inc., 1225 Illuminating
Building, Cleveland, Ohio, commencing at 12: 16

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p. m., the day and date above set forth.

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

Document 339-38

Filed 01/31/2006

Page 2 of 4

David Sandifer 11/1 012005

Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
55
1

have more things to do than this.

And I didn't

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have my driver's license, didn't even think
abou tit.

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6 7
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Q

(Defendant's Exhibi t No. 7 was marked.)

You've just been handed what has been marked as
Defense Exhibi t 7.

Is that your signature?

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A
Q

This iS my signature.

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Have you seen this document before?
No, I don't remember.
don't remember this.
I never saw this.

A

I

Why would they give this

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Q

to me? No, I don't remember seeing that.
Do you have any idea how your signature got on
the document?
A

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I don't remember seeing that.

Tha t 's my

signature.

I don't remember seeing it.

I

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could have very easily signed it, but I don't
remember seeing this.
Q

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Is that your handwri ting on the date line?
It looks like it.
So is it

A.
Q

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A
Q

I had a bad pen, too, didn't I?

So is it fair to say that you did not draft
this document?

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Paradigm Reporting & Captioning Inc. 612-339-0545

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

Document 339-38

Filed 01/31/2006

Page 3 of 4

David Sandifer 11/10/2005

Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
56
1

A
Q

Did I draft this?

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4

Um-hum.

A
Q

No.
Have you had an opportuni ty to read the

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document now?
A
Q

Yeah.
Okay.
Does it seem correct to you?
I don't know

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8

A

I can't -- I can't respond.
what's right anymore.

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I never seen the

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document. I don't remember ever seeing this
before. I don't remember seeing this before.
Q

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Let's go through the paragraphs.

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A
Q

Why would okay.
Paragraph 1, iS that correct?
I would imagine.

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A
Q

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Paragraph 2, is that correct?

A

My conception is vague in regards to the da tes,
but I was a loan officer at Heartland.

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Q

After I showed you the documents that you
completed on your new hire form and your
resignation letter, do you now believe the
first sentence of paragraph 2 ls incorrect?

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21 22

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A

They contradict each other, don't they? I'm
not -- I'm not aware of the dates.
to tell you the truth.
I'm going

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I know that those dates

Paradigm Reporting & Captioning Inc.

612-339-0545

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

Document 339-38

Filed 01/31/2006

Page 4 of 4

David Sandifer 11/1 0/2005

Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
57
1

don't seem right because I know that I was
there in the summertime.
there in the summertime.
VIDEO TECHNICIAN:

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I know that I was

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We have

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five minutes left on this tape.

Q How about paragraph 3, does that seem correct
to you?

A Tha t 's correct. Q And paragraph 4?
MS. NOVAK:
Obj ection.

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Q Is that correct?
A That never came up about being paid for
overtime.
That
I don't remember.

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If it

did, you know, I was just there longer than

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eight hours. I don't remember -- I didn't even
know I was going to get a checks.

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So that

money thing, my mind was in the direction of
closing a loan.

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Q So you don't recall a conversation wi th Daryl
A

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About overtime.

There's only one time it came

up. Don't put anything on the time sheet over

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eight hours on the time sheet. there. This had to take place

And I was

two or three

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(

weeks before I left that thought came up.

Paradigm Reporting & Captioning Inc.

612-339-0545