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

~*:

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

Document 339-22
Robert Janda 11/28/2005

Filed 01/31/2006

Page 1 of 3

Camille Me10nakis-Kurz, et al v. Heartland Home Finance, Inc.
'iK _. .~~~i:; .

(
1

Page I
2 3 4 5
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
CAMILLE MELONAKIS-KURZ, ) INDIVIDUALLY AND ON BEHALF OF )
1

Page 3

THE VIDEOGRAPHER: Here begins tape number
one in the video deposition of Bob Janda, in the

2 3 4 5 6 7 8 9
OTHER SIMILARLY SITUATED EMPLOYEES, )
)

matter of Camile Melonakis-Kurz v. Heartland Home
Finance, Incorporated, filed in the U.S. District
Court for the District of Colorado, Case No.

)

6
Plaintiff,

7

) CIVIL ACTION NO. ) 03-MK-2485
) )

03-MK-2485.
Today's date is November 28th, 2005. The video technician today is Joanne Connor,
contracted by Paradigm Reporting & Captioning. This video deposition is taking place at the

-vs8 9

HEARTLAND HOME FINANCE, INC., )
)

Defendant.
10
11

)

10
11

offices of Ice Miler, 3400 One American Square,
Indianapolis, Indiana, and was noticed by Michele
Fisher, counsel for the plaintiff.

12 13
14

VIDEOTAPED DEPOSITON OF ROBERT JANDA

12 13
14

15
16

The videolaped deposilon upon oral examination of ROBERT JANDA, a wilness produced and sworn before me, Jenny L. Reeve, RPR, CSR No.
00-R-3006, a Nolary Public in and for the County of

Would Counsel please identify themselves, and
state for whom they represent.

15
16

MS. FISHER: Michele Fisher, from Nichols
Kaster & Anderson, on behalf

17 18 19

Hamilton, Siale of Indiana, taken on behalf of the
Plaintiffs, at American

the offces of Ice Miler, 3400 One

17 18
19

of the plaintiffs.

Square, Indianapolis, Marion Counly,

Indiana, on Ihe 28th day of November, 2005, al
12:00 noon, pursuanl to the Federal Rules of Civil Procedure, all applicable rules, and all stipulations, if any, slated on the record, with

20
21

MR. CARR: David Carr, Ice Miller, on behalf of the defendant, Heartland Home Finance. THE VIDEOGRAPHER: The court reporter
today is Jenny Reeve of Paradigm Reporting and

20
21
..J;

writen nolice as 10 time and place thereof.
22 23 24 25

t

22 23 24 25
Page 2

Captioning.
Would the court reporter please swear in the

witness.

1

APPEARANCES
1

Page 4

2 FOR THE PLAINTIFF(S): Michele R. Fisher. Esq, NICHOLS KASTER & ANDERSON, PLLP 4600 IDS Cenle, 4 Minneapois, Minnesola 55402-2242 612+256+3200 5 fisher~ka,co ~ 6 FOR THE DEFENDANT(S): Da~d J. Carr, Esq, ICE MILLER 3400 One Amrican Square 8 Indianapolis, IN 46282 317+236+2100 9 carr(gcemiler.com 7 10 ALSO PRESENT: Mr. Jay W. Dun~ng 11 President, Hear1land Home Finance, Inc. 12 13 14 Ms. Joanne Connor, Videographer

2 3

ROBERT JANDA, having been duly sworn to tell the truth, the whole

truth, and nothing but the truth relating to said
matter was examined and testified as follows:

4
5 6 7 8 9

DIRECT EXAMINATION,

QUESTIONS BY MS. MICHELE R. FISHER:
Q Will you please state your full name for the

record.
A Robert John Janda. Q What is your address? A 13989 Hidden Lane. And that's Grafton, Ohio,

10
11

12
13 14

INDEX OF EXAMINATION
Page

44044.
Q Do you have any plans to move from that address in

DIRECT EXMINATION.. . .. ... .. ... 4
o...lions by MS. MICHELE R. FISHER CROSS.EXMINA TION .. .. .. . .. .. ... 53 16 QuesUons by MR. DAVID J. CARR REDIRECT EXMINATION. .. . .. ,. .... 56 17 o...lions by MS. MICHELE R. FISHER 15

15
16 17 18

the next year?
A No.
Q Okay. Have you ever had your deposition taken

RECROSS-EXMINATION...,...,.,.., 56
18 19 20 21 1-Janda Copy of Hearlland dOGmenl . """ 22 indicaling names, hours, and dollars Queslions by MR. DAVID J. CARR

before?
A Yes. Q Okay. Have you had it taken with respect to your

INDEX OF EXHIBITS
Page
Depo~lion Exibil No.:

19

20
48

21

employment with Heartland Home Finance?

23 2-Janda Copy 01 memorandum dated Oclober ... 50 17,2001, 10All Coumbus Loan #1 24 Offces from Cham Kahan, regarding lender reslriclions 25

22 23

A Yes.
Q Okay. And what was that for, just generally? A It ..it was.. it was an employee issue, and a ""

24 25

a harassment issue that was thrown out.

1 (Pages 1 to 4)

Case 1:03-cv-02485-MSK-PAC Document 339-22 Filed 01/31/2006 Page 2 of 3 Robert Janda 11/28/2005 Camile Melonakis-Kurz, et al v. Heartland Home Finance, Inc.

6 A Oh, yes. "~l'~I~~~~tb!~:s~~getet~ElI~lJn 6

3 you that? 3 llA 5 5
4 Q How did you know that, though? Did somebody tell 4

1 offcers 40 hours per week. 1
Page 13

Page 15

2 A That was just standar~. I mElan~veryQne~new 2

they think they're doing all this great stuff,
but sometimes, truly, they're not. It's all

perception.
Q Did you review the time sheets for every office

you managed to make sure no loan offcers were
working more than 40 hours per week?

7 ~ffi9ElJSt~"~c!()mEll)anagersto9QtotHe'IQán 7

8 offc~r$toworlt40Høúrs; 8
9 Q Okay. And what exactly did -- well, first of all, 9

A Not every one of them, not on a weekly basis.
Q Prior to this lawsuit, did you ever review the time sheets of loan officers to see if they were
working more than 40, as a practice?

10 1-- I'm sure there's a difference in time frame 10

12 December of'03. 12
13 I'LL ask you this. Prior to December of '03, 13

11 here as to -- this lawsuit was initiated in 11

A I've.. yes, I've reviewed the time sheets.
Q For all of the loan officers that worked for you?

15 than 40 hours per week? 15

14 are you aware of loan offcers ever working more 14

A For all my offices, that's correct.
Q Okay. And you never saw any overtime recorded on
time sheets prior to this lawsuit being initiated?

18 do n do n 18
17 understand it. How.. how 19 Q If

16 A The question that you're asking, I don't 16

A I have seen on the time sheets over 40 hours. would I know? You mean 17 But the question that you made, did a loan
officer work over 40 hours?

you don't know, you don't know. 19

Q No. The question was, have you ever seen it on
time sheets? We have several time sheets that
have been --

20 A Well, right. I don't know, because I truly 20

22 to this day, right now. 22
23 Q Okay. So you don't know if they were working more 23

21 believe that they weren't working 30 hours a week, 21

A Yeah.
Q -- produced to us that show over 40 on them.
ücct~'!¡~'~~~~-i:;ø,l¡eI'40hõUts'óhå

25 offce, or you don't know? 25
Page 14

24 than 40 hours? You're not -- you weren't in the 24

""å"JnêliViâûâl:

1 A Yes n

Page 16

2 MR. CARR: I'LL object to the form of the
3 question. It misstates the prior testimony.

1 Q Okay. And you - from a loan officer, right?

2 A From a .. a loan officer.
3 Q Okay. And that was while you were working as a
4 regional manager, right?

4 BY MS. FISHER:
5 Q You can go ahead and answer.

6 A Well, I mean I .. again, I n I don't truly know
7 how many hours they worked.

5 A Correct.
6 Q Okay. Did you have a practice of reviewing the
7 time sheets for loan officers before they were

8 Q Do you have any documents in your possession that
9 would show how many hours loan offcers were

8 being -- before they were submitted to payroll?

9 A No, no.
10 Q Who -- was that somebody's job?

10 working? 11 A No.

12 Q You said the time sheets would show that the loan
13 offcers were not working more than 40 hours per 14 week. Did I understand you correctly in - is

11 A The manager's. 12 Q How do you know that? . ,/;
13 A Because I instructed them to do it.;;'liÍnstruèfêtli 14 tbemto:make;surêtháifhe:tifle".shèèfs..w.êrêfillêêl
15 9l!t;RrøJ':êíìJy~"
16 Q Okay.

15 that what you said?

16 A No, you did not.
17 Q Okay. What did -- what -- what did the time 18 sheets have to do with your understanding that 19 loan offcers did not work more than 40 hours per

18 WC¡~~lM4ijfljl¡ . .' . .. .

17 A n bythêlôán:øfficêrSI¡lnçl.t9.tHrntb~lJiritøná

20 week?

19 Q You stated that you instructed your managers-20 actually, I don't remember exactly what you said. 21 You gave them some sort of instruction as to what

21 A Thètirrê
22 23 24
25

22 the time sheets were supposed to say on them, or

the . hêýwere working,
and awareness that loan officers.. you know,

rê

23 how many hours people were supposed to work.

24 Did Y?~~~~~~i~,e,!hatkind ?fins!~.~?!i?n?
25 A No. 'rfieY'Werècre~tirèí';¡tø;iWØi~t40;fi~lll-S.

4 (Pages 13 to 16)

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

Document 339-22

Filed 01/31/2006

Page 3 of 3

Robert Janda 11/28/2005

Camille Melonakis- Kurz, et al v. Heartland Home Finance, Inc.
Page 29
Page 31

4 Q What's that? 4
5 A I

3 A No. It'd be a miracle. Sorry. 3
were not even close to

2 came up? 2
1 work more than 40 hours"? That topic never really 1

working over 40 hours, though, if they wanted to?

A I.. honestly, I mean they need to go home to their familes. I mean people worked full-time.
It was 40 hours a week. Do you know what I'm

11 officers working for you, right? 11

1 OQ You don't know for sure. You had hundreds of loan to

9 A Yeah. 9

7 hours a week. 7
6 trqlýfeelthese people

sajditWQiild be ämiraqle. l.hpn~s.tQGod 5

saying?
Q Who told you that loan officers were not allowed to Work more than 40 hours per week, if anyone? A Don.

40 6

8 Q But you - we already went through that earlier? 8

Q Don Flynn?

A That's correct.
Q When did he tell you that? Was it towards the end
of your employment?

12 MR. CARR: Yeah, well, I'LL object to the 12
13 extent you're asking him to speculate beyond what 13

A No. Probably when we rolled out the time sheets.
Q Do you recall that, though, or are you guessing?
A Since this was a couple of years ago, I'LL have to say "m .. I'm guessing, because I don't remember the conversation, or who it was with specifically.

18 Q Okay. Were you still working for Heartland when 18 Q Yeah, and I --I'm not requiring you to guess. So 19 this lawsuit began? Do you recall? 19 if you don't know, just tell me you don't know -20 A I don't recall. For some reason, I think I was 20 A Right.

17 A No. 17
Page 30

15 BY MS. FISHER: 15
16 Q Do you have anything new to add? 16

14 he knows of his own personal knowledge. 14

21 gone, or .. 21

Q -- and I'LL maybe go with approximations or

22 Q How did you -- yeah, and it seems like the dates 22

something.
But I don't want you to guess, because you're

23 are pretty close. We started it in December of 23

25 A Right. 25
1 Q How do you recall first hearing about it? 1

24 '03. You left around December of '03? 24

supposed to testify truthfully as to what you --

A Right.
Page 32

Q -- actually remember.
Q When you were told by Don Flynn not to allow loan officers to work more than 40 hours per week, were
you told why?

4 A Yeåh. 4
3 Q Okay. To sign up? 3
5 Q Okay. Did you have any conversations with anyone 5

2 A ReceivirlgSQlrethinginlhè"rtâi!; 2 A Right.

8 A No, not that I recall. 8

7 initiated? 7
6 from Heartland about the lawsuit when it was first 6

A No.
Q Did you care if your loan officers worked more

than 40 hours per week?

9 Q I'm still not exactly clear on the hours the loan 9 A Yeah. 10 officers were supposed to work. I understand you 10 Q Okay. And would you get angry with them if they

13 to work the 40 hours. 13
14 But was there ever any instruction that came 14
15 from you, or came from anybody above you, saying, 15

11 say that the concern was that they weren't working 11 12 the 40 hours, so you guys were trying to get them 12

worked more than 40 hours?
MR. CARR: I'LL object to the form of the

question. Assumes facts not in evidence.

BY MS. FISHER:

22 Q Yes. 22
21 A Why didn't we want them to work over 40 hours? 21

20 Q Why? 20

18 A'(~~n~I'l~anv.~Øidndt wanlpurlQanoffiçersto 18 A I'm sorry.

17 40 hours"? 17

Q You stil answer.
MR. CARR: Yes. Unless I-MR. CARR: Unless i -- yes. Unless i say
don't answer the question, you -- you -- she's

16 "Do not allow your loan offcers to work more than 16 A Oh.

19 iwolkit:ver4Ò.hours. 19

stil entiled to an answer, unless she wants to
change the question.

231l1.,they:Yl~r~.~~!p.t~;9Jt.th~ir;jø~':c!Ønè 23

THE WITNESS: Okay.

24 rs\llieYiWer,l1n'tiw~rKiJ'g'AQrnl)í.rs; 24
25 Q I don't understand. Why didn't you want them 25

A And repeat the question, I'm sorry, one more time, please.

8 (Pages 29 to 32)