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

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

Document 339-28

Filed 01/31/2006

Page 1 of 7

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IN THE UNITED STATES DISTRIC COURT
FOR THE DISTRICT OF COLORADO

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Ci vi1 Action No. 03-CV-2 4 8 5 (MSK/PAC)

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CAMILLE MELONAKIS-KURZ,

indi vidually and on behalf of other similarly si tua ted
employees,

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Plaintiffs,
vs.
HEARTLAND HOME FINANCE, INC.,

tOrP1t

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Defendant.

----------------------------The Videotaped Deposition of CHARLES K. LUTTKE,
Taken at 1515 Michigan Avenue, N.E.,

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Grand Rapids, Michigan,
Commencing at 2:49 p.m.,

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Wednesday, January 18, 2006,

Before Patricia A. Way, CSR-1201.

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

Document 339-28

Filed 01/31/2006

Page 2 of 7

Charles K. Luttke 1/18/2006 Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.

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A.

We were instructed we could only put 40 hours a week

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on there.
Q.

And who instructed you to do that?

A.
Q.

Kevin Block.
And when did he instruct to you do that?
Right when I was hired.

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A.
Q.

Okay.

Did he just tell that to you or were other loan

officers present?
A. Q.

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No. We were all told that.

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Okay. Was it in a meeting?

A.
Q.

Yes.
Okay. Was anyone other than Kevin, yourself and other
loan officers present at that meeting?

A.

I don't remember who all was at the meeting but it was
myself and other loan officers, yes.

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Q.

Do you know why Kevin instructed you to only record 40
hours per week on your time sheets?

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A.

I believe it was because of the fact that he was

told -Q. A. Q.

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Okay.
-- from his superiors.

What did you think when you were told that you cou~d
only record 40 hours per week on your time sheets even
though you were working more than that?

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A.

Honestly, I didn't think it was going to matter

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

Document 339-28

Filed 01/31/2006

Page 3 of 7

Charles K. Luttke 1/1812006

Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
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breaks?
A. Q. A.
Not

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as a general rule, no.

What was the procedure for filling out time sheets?

When you came in, some people went and put their time
in if they got there.
the day.

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Some waited until the end of

Some waited until the end of the week.

It

all varied.
Q. A.
Q.

Well, what was your procedure?
My procedure was generally at the end of the week.

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And why did you wait until the end of the week?
Because it was basically the same thing every week.
Wha t do you mean by that?

A.
Q.

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A.

It didn i t matter what time you got there or what time
you left.

You were just going to put down eight hours

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for five days.

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Q.
A.
Q.

And did you have sort of a standard way of doing that?

Not really.
Would you ever record time for Saturdays?

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A.
Q.

Sometimes.
And how would you decide sort of how to break up the
time on those time sheets?

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A.
Q.

Nothing set in stone.

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What did other loan officers do?
It all varied.

A.
Q.

Everybody did their own thing.

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Did Kevin ever discuss with you the way that you

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

Document 339-28

Filed 01/31/2006

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Charles K. Luttke 1/1812006

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

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MARKED BY THE REPORTER:

DEPOSITION EXHIBIT NUMBER 4
4:41 p.m.

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MR. POCKRASS: What number is that exhibit?

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COURT REPORTER: Four.
BY MR. POCKRASS:

Q. I i d like you to take a look at what's been marked as
Exhibi t 4 and tell me whether you recogni ze this

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documen t .

A. Yeah. Vaguely, yes.
Q. Is this an example of the type of time sheets that you

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were discussing?
A. Yes.
Q.

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And you were employed at Heartland

the only year

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you were employed at Heartland was in 2003, right?

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A. That is correct.
Q. And you see up at the top there of this document,

Exhibi t 4 -- it i S on the first page which has a
notation on it of DEF 05580. It says 5/5 - siio. Do
you see that up towards the top? I can point to it
for you.

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A. This here?

Q. Yeah.

A. Yes.
Q. So this is for the week May 5th through 10th of 2003,

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( .

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

Document 339-28

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Charles K. Luttke 1/1812006

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

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left for lunch at i: 30, came back at 3 and left at

6: 10.
A.
Q.

Do you see that?

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Yes.
And how did you decide what times to put in there?
I don i t recall.

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A.
Q.

You'll see that that time doesn't add up to eight

hours.
A.
Q.

I understand.

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And is there a reason why you specifically put 7.2
hours for that day?

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A.

Because that i s what it ended up for that day, and if

you look at the whole week, I'm sure you're going to

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Q.

come up with 40.
Okay.
Let's take a look at the next one, Tuesday.
Was there a specific reason how you came up wi th the

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numbers for that day?
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Q. A. Q.

No.

Wednesday?
No.

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Thursday?
No.
Was there a reason why you would have listed a
four-hour lunch on Thursday?

A.
Q.

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A.
Q.

No.

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But you did?
Paradigm Reporting & Captioning Inc. 612-339-0545

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

Document 339-28

Filed 01/31/2006

Page 6 of 7

Charles K. Luttke 1/1812006

Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
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A.
Q.

Yes.
Okay.
Friday, if you go to the next page of Exhibit
Do you see

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4, there you list not taking a lunch.

tha t?
A.
Q.

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Yes.
Is there a reason why on all the other days you would

have specifically shown time going out for lunch and
back from lunch and here you show no lunch?
A.
Q.

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There's no reason, no.

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And then on Saturday you don't show any time entry?

A.
Q.

Correct.
Is there a reason why you didn't fill out a Saturday
entry for that?

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A.
Q.

No.
I f you take a look at this Exhibit 4, I know you

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A.
Q.

talked about how the hours would add up.

Yes.
Monday, you've listed 7.2 hours.

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A.
Q.

Okay.
Tuesday you've listed 8 hours, Wednesday you've listed
7 hours, Thursday you've listed 4.45 hours, Friday

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you've listed 6.45 hours, and Saturday you've listed

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A.
Q.

no hours.
Okay.
Do you know what those add up to?

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Paradigm Reporting & Captioning Inc.

612-339-0545

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

Document 339-28

Filed 01/31/2006

Page 7 of 7

Charles K. Luttke 1/1812006

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

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A.
Q.

I have no idea.

Okay. I thought you told me they would add up to 40?

A.
Q.

They should, yes.
But they add up to 33.10 hours.

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A.
Q.

Great.
And can you tell me why?

A.
Q.

And you have every week I was there like this?
Can you tell me why they add up to 33.10 hours?

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A.

I couldn't tell you. Probably because I was supposed
to work Saturday and maybe I was sick, maybe I had a

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Q.

function. I don't know.
All right. Let i s look at the last two pages of
Exhibi t 4.

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A.
Q.

Okay.
These are marked as DEF 05582 and DEF 05583.

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A.
Q.

Okay.
These are for the month of May, again in 2003, and you'll see that up above Tuesday it says the 27th, up
above Wednesday it says the 28th, and up above

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A.
Q.

Thursday it says the 29th. Do you see those dates
marked down?

Yes.
Monday, May 26th was Memorial Day. You didn't work on
Memor ial Day, did you?

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A.

No.

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