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

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

Document 339-34

Filed 01/31/2006

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1 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
2

1

3

4 CAMILLE MELONAKIS-KURZ,

etc., et al.,
5

Plaintiffs,
6

Case No. 03-CV-2485

vs.
7

(MSK/PAC)

Heartland Home Finance,
8

INC. ,

9

Defendant.

CC~~)f

(.

\c'~_'41i:i 0

11

THE DEPOSITION OF BRADLEY REYNOLDS THURSDAY, NOVEMBER 10, 2005

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The videotaped depos i tion of BRADLEY

REYNOLDS, called by the Defendant for examination pursuant to the Federal Rules of Ci vil 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
III umina ting Building, Cleveland, Ohio, commencing

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¡. J2 4 i,k~_....ø'

( :"25

at 8: 0 9a . m., the day and date above sèt forth.

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

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Bradley Reynolds 11/1012005

Camile Me1onakis-Kurz, et al. v. Heartland Home Finance, Inc.
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1

sheets?
A
Q

2
3
4

I don't recall.

Do you recall who it was who said to you, Here

are the time sheets we're going to start using
and here's how you use them?
A
Q

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6 7
8 9

My regional manager at the time was Bob Janda.

Okay. And he was the one who rolled out the
time sheets?

A
Q

He, yes, put them in effect for us to use.

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11
12

And what did he say when he did that, as best

you can recall?
A

That we had to have the loan officers fill out
the time sheets.

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14
Q

Anything e 1 s e?
That -- well, no, just basically, I mean, that
they wanted to record lunch breaks and make
sure everybody was taking a lunch.

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A

16
17

18

Q

What about hours worked, did they say anything

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about that?
A
Q

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They wanted 40 hours worked.

Did they say anything else?
In regards to?

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24

A
Q

Hours worked, 40 hours worked. Anything else
about 40 hours worked? They wanted 40 hours

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worked, anything else?
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Camille Me1onakis-Kurz, et al. v. Heartland Home Finance, Inc.
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1

A

No.

I mean, they required, you know, 40 hours

2 3
4
Q

if we weren't at our goal.

I f you were at your goal, then you didn't
necessarily have to work 40 hours, is that what
you're saying?

5 6 7
8
Q

A

Like I said, productivity leads into
flexibili ty.

And that still remained the case even after the
time sheets?

9

10

A
Q

Sure it did.

11
12 13 14

Okay.

As a branch manager, did you have

employees that didn't work as many hours as you
would have liked them to work?
A

Not really, because if they didn't, they
weren't there long.

15

16
17
18

Q

Tell me about that.
thumb on that?

Did you have a rule of

A

Well, we -- I mean, we wanted them there during business hours and that's something, you
know -- I mean, we needed to be there for what
it took to get the job done.

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20
21 22 23
24
A
Q Q

Did you fire any loan officers during your
tenure as branch manager?
I'm sure I did.

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Do you remember how many?

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A
Q

When they would do it?

2 3
4

Yes.
Maybe 50 percent of the time they were accurate
in what they were putting.

A

5
6 7
8

Q

The other 50 percent of the time, how
inaccurate were they?

A

They were, like I said, inaccurate a lot.

I

mean, there's a lot of times that, you know,
they were just left blank.
I mean, you know,

9

10
11
12 13
14
Q

we had to physically walk around to each
employee and have them do it if they weren't
doing it just on instruction to.

50 percent of the time they were accurate, 50
percent of the time they were not inaccurate.

15

How inaccurate were they on those times when
they were not accurate; in other words, was an
hour a week, two hours' a week?
A
Q

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17 18

It depended on what they needed to get the 40.

19

Well -So it's not something
I mean, it wasn't -.

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24
- 25

A

you know like I said, we told them to do it, if

they didn't do it, we filled it in by

instruction.
Q

Right, but I'm trying to get a sense of your
actual observations as to if they were missing

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the mark, how far were they missing it by?

2

Were there some that were putting in more hours
than they actually worked, just because it was

3
4

supposed to say 40? Were there some that were
putting less than they had actually worked to

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6 7
8

get to 40? I'm just trying to get a better
sense of what was going on.
A

Li ke I said, they were required to 40 so we

9

had -- I mean, daily we looked at it and went
through it.

10
11

But like I said, some employees

were not as good on filling that out as others.

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14

Others did.

I mean, it went both ways.

You

know, some of them would add hours to it to get

to the 40, some of them, you know, we'd have to
change to make 40.
Q
The group that you supervised

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wasn't doing that

well, did you feel
A

18

They were -- they were doing that well, I

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think.
Q

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21

They weren't doing well enough to make the
money that you wanted to make?

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24
(

A

Well, that's what I said.

As far as the time

sheet, I don't think my group was the worst;

but as far as the money, we weren't the best.
Q

25

Do you think one of the reasons why you weren't

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Q

Okay.
-- back in '04.

2

A
Q

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4

That is your signature?
Yes, that is my signature.
You don't have any concern tha t someone
commi t ted forgery on you?

A
Q

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7 8

A
Q

It ls my signature, yes.

Is it fair to say that your testimony here
today ls a further elaboration on the subj ect

9

10 11 12
A
Q

mat ters that are contained in that declaration?

You've given me nor detail today, correct?

Yes.
And are you comfortable that your testimony
today has been accurate?

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14

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A
Q

To the best of my knowledge.

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17

Of course.

There's a reference to a member of

management in your declaration, is that member
of management Bob Janda?
A
Q

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19

Where are you referring exactly?
I think it's in paragraph 4.
It says, "As a

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branch manager, I was instructed by corpora te
management not to allow us to report more than
40 hours a week."
A
Q

Yes.
Have we thoroughly discussed today what you

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have referred to really in just a few
paragraphs in your declaration, or ls there

2
3
4

anything that you would like to add having now
seen this declaration to what you've already
testified to?
A
Q

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7
8

I don't have anything further to add.

Do you recall how you came to sign this
declara tion? Let me make it cl ear, I'm not

9

asking you to disclose any conversations
between you and your attorney.

10
11
12

But just can

you tell me the circumstances how you came to

sign this?
A

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I chose to.

We had discussed, I knew

somewhat -MS. NOVAK:
Obj ection,

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16
17 18
Q

it's a privileged communication.

Don't tell

him about anything we talked about.
I don't want you toVtell me about any
conversations that you talked about.
come in the mail

19

Did this

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22
A
Q

to you?

I'm not positive.
Okay.
Do you know if it came in the mail

or if

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you met wi th somebody in person?
MS. NOVAK:
Obj ection,

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asked and answered.

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inconsistency, and I'm not saying that there
is, but to the extent there is any

2

3
4

inconsistency between this declaration and what
you've testi fied to today, would you say your

5
6
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testimony here today is more accurate, more
detailed than your declaration?
MS. NOVAK:
Obj ection,

as ked and answered.

9

Q You can answer.

10
11 12

A I'm sorry, repeat the question.
Q

Sure.

To the extent that there ls an

inconsistency between your declaration and your

13
14

testimony today, and I'm not sure there is any
inconsistency, but to the extent there is, are

15

you comfortable that your testimony here today
is more specific and more accurate than your

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declaration?
A

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I don't know that it's more accurate, no.

Like

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I said, I can't remember exact dates and times
and things like that.
years ago.
Q

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22

I mean, this is several

Right.

But your testimony here today is -- and

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again, this may well be asked and answered, I

apologize -A To the best of my knowledge, what happened.

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documents on every file, it just particularly
what that client's credit qualified them for.
Q

2 3
4

Okay. After you did that, what did you do
after that

5
6 7
8

A
Q

After I -After you analyzed the client's application, what did you do after that?

A

Once I knew I had -- I had them fi t into a

9

part icular program, we got pre-approval on that
loan and sold the client on that program.
Q

10
11 12

Who did you get pre-approval from?
The bank that we were us ing a t the -- for tha t

A

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14
Q

client.
Did most of your loans go through Heartland?
I tried.
A
Q

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What percentage of your loans went through

Heartland?
A
Q

Again, I mean

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On average.
After banking was open?

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A
Q

After banking was open, what percentage of your
loans went through Heartland?

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24
A
Q

I would hope 75 percent 0 f them.
Before Heartland Banking opened, what

( \

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percentage of your loans went through

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Q

Okay. And when you worked in the Dayton
office, how much time did you spend working
inside the office?

2 3
4

A

Most of the day, because, like I said, at that

5 6
7 8 9
Q

point I had vehicle issues so I was kind of

stuck there.
So you spent the majority of your time working
inside the Dayton office?
A
Q

Yes, yes.
Did you also -- where did you recei ve your

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14

leads when you worked in the Dayton office?
A
Q

From Heartland.

Okay. And what percentage of your leads did
you receive from Heartland when you working in
the Dayton office?

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A
Q

I believe all of them.

Okay.

I want to talk a little bit about the

brokered loans that you had discussed earlier.

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I understand that before Heartland Banking
opened that you did broker out loans.
A
Q

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21

Yes.
Okay. When Heartland Banking opened, and you

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brokered out loans -- or that's the term tha t
was used, let's talk about those loans.
to talk about those loans in particular.
I want

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.l
I

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Okay. After Heartland Banking opened you

2 3
4

would still would you still receive a lead
from Heartland Home Finance?
A
Q

Yes.

5
6 7
8

Okay. And then you would take that lead
through the process that you just explained to
me earlier?

A
Q

Um-hum. Yes.

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Okay. And if underwriting rejected it, then
wha t happened?

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12
A

We were able to source that through other

companies.
Q

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14

Okay.

So it had to go through Heartland first;

is that correct?
MR. CARR:
Obj ection,

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16
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Q

leading.
You can answer.
Not a t the beginning.
A
Q

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When Heartland Banking was opened, did it have
to go through Heartland first?

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A
Q

Not at the beginning.

Okay.

I guess I'm not understanding what you

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A

mean not at the beginning. The beginning of -Well, when banking originally opened, we still

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had options.
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