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

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

Document 339-23

Filed 01/31/2006

Page 1 of 5

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

CAMILLE MELONAKIS-KURZ,

etc., et al.,
Plaintiffs,
vs.
HEARTLAND HOME FINANCE,

(C (Q ~y
Case No. 03-CV-2485

INC. ,

Defendant.

THE VIDEOTAPED DEPOSITION OF ERIC JEROLD THURSDAY, NOVEMBER 10, 2005

The videotaped deposi tion of ERIC JEROLD, cal led by the Plainti ffs for examination pursuant to the Federal Rules of Civil Procedure, taken before me, the undersigned, Barbara J. Sedlak, Registered Professional Reporter and Notary Public within and for the State of Ohio, taken at the offices of Cady Reporting Services, 55 Public Square, Cleveland, Ohio, commencing at 3:00 p.m., the day and date above set forth.

CADY REPORTING SERVICES, INC.

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

Document 339-23
Eric Jerold 11/1012005

Filed 01/31/2006

Page 2 of 5

Camille Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
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just didn't work overtime?
A
Q

2 3
4

Yes.
Okay.
Which loan officers do you believe may

have worked overtime?
A

5
6 7
8

I'm sorry, I can't answer that.
off the top of my head.

I don't know

I don't remember.

It

was something I had never kept track of.
Q

I know you said you don't remember.

I know you
Do

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haven't worked there for qui te some time.

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"11

you remember any certain individuals that stand
out in your mind who worked overtime hours?
A
Q

12

No.
What about -- you're friends with Ryan Kuzino;
is that right?

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14

15

A
Q

Yes.
Okay.
He's claimed that he worked overtime
hours in this case.

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Do you have any reason to

believe that he's making that up, that he worked overtime hours when he worked for you at

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A
Q

Heartland?
Yes.
You don't believe he worked any overtime hours?
Tha t 's correct.

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24

A
Q

Hello?
Yes.
Can you hear me?
I said, "That's

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A

Paradigm Reporting & Captioning Inc. 612-339-0545

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

Document 339-23
Eric Jerold 11/1012005

Filed 01/31/2006

Page 3 of 5

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

2

Did they ever say what to do if the loan
officers worked more than 40 hours?

3
4

A

No.

I just assumed that it was volunteer.

I

5
6
Q

was told 40 hours, no more than that.
Did Bob Janda tell you don't allow your loan
officers to work over 40 hours?
A
Q

7
8

No.
Did you have the understanding that your loan
officers should work over 40 hours?

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11 12
A

No.

The job can get done in less than 40

hour s .
Q

13
14

Okay.

Did you have a problem -- if any of your

loan officers worked more than 40 hours, would

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you have had a probl em with that?
A
Q

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17 18

No.

Okay.

So you never restricted your loan

officers from working overtime, you are just

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not aware of them doing it?
A
Q

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24

Yes, that's correct.

Okay.

So it was your understanding, based on

what Bob Janda told you, that they could only
record 40 hours on their time sheets and

anything beyond tha t would be vol un tary?
A

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That's correct.
Paradigm Reporting & Captioning Inc. 612-339-0545

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

Document 339-23
Eric Jerold 1111012005

Filed 01/31/2006

Page 4 of 5

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

Okay.

Did you -- what about Don Flynn, what

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3
4

did he tell you about how many hours the loan
officers could record on their time sheets?
A

I vaguely remember having any conversations

5 6
7
8
Q

wi th Don about that.

It was mostly Bob Janda

regarding time sheets.
Okay.
Did you have any conversations with Don
Flynn about hours or pay for loan officers?
A

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Besides the standard 40 hours full-time, that's
abou tit.

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11
12
Q

Wha t do you mean by "the standard hours, 40?"

What do you mean?
A
Q

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14

Full-time, 40 hours a week.

I'm sorry. You cut out.
Full-time, 40 hours a week.

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A
Q

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Don Flynn would just say full-time, 40 hours
per week?

A
Q

Yes.
What did you understand that to mean?
To mean tha t they were not to work over 40
hours in a week.

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A

Q

You understood it to mean they were not to work
over 40 hours a week?

A

No.

Tha t 40 hours was supposed to be wha t they

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worked during the week and that's what was to

Paradigm Reporting & Captioning Inc.

612-339-0545

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

Document 339-23
Eric Jerold 11110/2005

Filed 01/31/2006

Page 5 of 5

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

Yes.
Yes, those were typical problems as far as your
own personal knowledge?

2 3
4

A
Q

Yes.
Okay.
You mentioned that you received contacts
from Michele Fisher's law firm, Nichols,
Kaster, Anderson.

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6 7
8

At any point did they

represent you? Were they legal counsel?
A
Q

9

No.
Approximately how many times did they contact

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you?
A
Q

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Two or three by mai l, maybe five by phone.

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14

Two or three by mail and five times by phone?

A
Q

Yes.
So seven or eight times.

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Could it have been

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A
Q

more than that?

No. That's about right.
Okay. When you and I tal ked on the phone,
which you mentioned on direct examination, do
you remember saying to me it was as many as 15

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A

times?
You know, after so many calls and me saying no,
I just stopped paying attention.

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Honestly, I

never thought it would lead to this, so I would have counted them if i would have known I would

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Paradigm Reporting & Captioning Inc.

612-339-0545