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

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

Document 339-30
Connie Modell 1/6/2006

Filed 01/31/2006

Page 1 of 5

Camille Melonakis-Kurz, et al v. Heartland Home Finance, Inc.

Page 1

1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

2

CAMILLE MELONAKIS-KURZ, 3 indi vidually and on behalf

of other similarly si tuated

5 Plaintiff,
6

4 employees,

vs.

No. 03-MK-2485

7 HEARTLAND HOME FINANCE, INC. ,
8

Defendant.
9

10 The discovery deposi tion of CONNIE MODELL,
11 called by the Plaintiff for examination, taken

12 pursuant to the provisions of the Code of Civil
13 Procedure and the Rules of the Supreme Court

14 of the State of Colorado pertaining to the

15 taking of deposi tions for the purpose of
16 discovery, taken before PAMELA M. TERRY,

17 CSR No. 084-001170, a Notary Public within and 18 for the County of Cook, State of Illinois, and
19 a Certified Shorthand Reporter of said State, at
20 the offices of Victoria Court Reporting Services,

21 Inc., 29 South LaSalle Street, Suite 200,
22 Chicago, Illinois, on the 6th day of January,

23 2006, at 10:45 A.M.
24

25

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

Document 339-30
Connie Modell 1/6/2006

Filed 01/31/2006

Page 2 of 5

Camille Melonakis-Kurz, et al v. Heartland Home Finance, Inc.

Page 16

1 officer might be working overtime and ask them about

2 it?
3
4

A
Q

That ls part of managing their time, and yes.

When did that happen?
Typically on a Wednesday.

5
6 7

A
Q

Okay. Explain to me what happened.
Review the time sheets, see what hours are

A

8 being worked, and re-evaluate the schedule from that

9 point forward.
10
11
Q

How so?
I am not sure I understand what you are

A

12 asking.
13
Q

What do you mean when you say, "re-evaluate

14 the schedule from that point forward?"
15
A

Well, they would take some time off if they

16 were looking like they were going to work over
1 7 4 0 hours or increase their time to make 4 0 hours.
18
Q

Okay. That hasn't been your practice though

19 during the entire time frame that you have been a

20 Manager, has it?
21
A

Since -- I believe it was July of 2002 when

22 we put the time sheet in place.
23
Q

Okay. Because prior to July of 2002, you

24 guys weren't tracking the time of the loan officers,

25 right?

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

Document 339-30
Connie Modell 1/6/2006

Filed 01/31/2006

Page 3 of 5

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

1 2

A
Q

That's correct.
Okay. So, would you agree that it is

Page 17

3 possible that loan officers were working overtime

4 prior to July of 2002?
5
6
A
Q

Not to my knowledge.

Okay. Did you ever receive any instruction

7 in July of 2002 when the company started using time
8 sheets for the first time as to how these time sheets

9 should be completed?
10 11
A
Q

Yes, we did.
Okay. Who did you receive that instruction

12 from?
13
A

I don't recall who was on the call, but it

14 would have been my Manager, probably Don, I don't

15 know.
16
Q

Would that have been Marty Pieczynski at the

17 time or Jay Dunsing? Do you know who was your Manager

18 then?
19
A
Q

That would have been Marty Pieczynski.
What do you recall being said?
We were logging time.

20
21

A

"Loan officers need to

22 sign in, sign out, lunch breaks, end of the day, and

23 work no more than 40 hours."
24
Q

Is that the only conversation you recall when

25 these time sheets came out wi th respect to how they

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

Document 339-30
Connie Modell 1/6/2006

Filed 01/31/2006

Page 4 of 5

Camille Melonakis-Kurz, et al v. Heartland Home Finance, Inc.

Page 24

1 40 hours a week," or anything like that.
2

MS. HATFIELD: Obj ection.

It is asked and

3 answered.
4 BY MS. FISCHER:
5
6
Q

You can go ahead and answer.

A

When the time sheets were instituted in July

7 of 2002, we were on 40 hours a week, period, so no one

8 was working overtime.
9
Q

Were you told that your loan officers were

10 suppose to work 40 hours?
11
12
A
Q

They cannot work more than 40 hours.
Was it permissible for them to have a

13 30-hour-a-week schedule, or were you suppose to try to
14 keep them at 40 or around 40?
15
A
Q

It was permissible to have less than 40.

16

Were you ever instructed though to try to

17 make your loan officers have around 40 hours per week?
18
A
Q

No.
No?

19

20 21

A
Q

Uh-Uh.
Just one second. Did you have any

22 understanding as to how a loan officer would be paid
23 if they worked overtime hours?
24
A
Q

No.

It was not available.

25

What efforts have you made, if any, to make

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

Document 339-30
Connie Modell 1/6/2006

Filed 01/31/2006

Page 5 of 5

Camille Melonakis-Kurz, et al v. Heartland Home Finance, Inc.

Page 37

1 their time sheets even if they worked it, anything

2 like that?
3
A

No. They weren't allowed to work more than

4 40 hours.
5
Q

If loan officers told you they were not

6 allowed to record more than 40 hours on their time 7 sheets even though they were working more, that would

8 be false?
9

A
Q

That would be false.
Did you ever tell your loan officers at any

10

11 time that they were not allowed to work more than

12 40 hours per week?
13
14
A
Q

I am sorry; one more time.

Did you ever tell your loan officers that

15 they were not allowed to work more than 40 hours per

16 week?
17
A

Yes, they cannot work more than 40 hours per

18 week.
19
Q

When was the first time you told them that?
On or about sometime in July of 2002.

20
21

A
Q

Okay. Are you aware of any loan officers
I am not aware of loan officers working from

22 working from home?
23
A

24 home.
25

MS. FISCHER: Okay. All right. I have no further