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

Case 1:03-cv-02485-MSK-PAC
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Document 339-18

Filed 01/31/2006

Page 1 of 5

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF COLORADO
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CAMILLE MELONAKI S - KURZ,

etc. ,
CIVIL ACTION NO.:
03-CV-2485 (MSK/PAC)

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et al.

Plaintiffs
v.
HEARTLAND HOME FINANCE,

INC.

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Defendant - - - - - - - - - - - - - - - -+
Videotaped Deposi tion of SHAUNA KATHERINE GLEASON
Greenbel t, Maryland

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Thursday, December 15, 2005
8:17 a.m.

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Job No. 3-69467
Pages 1 - 180

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Reported by Sara A. Cissin, CSR

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

Document 339-18

Filed 01/31/2006

Page 2 of 5

Shauna Katherine Gleason 12/15/2005

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

1 Q So were some people -- were some people worked
2 on one Saturday and then other people would work the

32

3 next Saturday, or did everybody work on the same
4 Sa t urdays?
5
A

I don't remember.

I can't remember.

6 Q You said it was required you work every other
7 Sa turday. Who told you that?

8 A Howard Ross.
9 Q How many hours on Saturday?

lOA I believe it was four hours every Saturday.
11 Every other Saturday, excuse me.
12
Q

Were there set hours on Saturday or could you

13 come and go whenever you chose?
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A
Q

I think it was 8 to 12 if I can recall.

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Was your manager there on those Saturday

16 hours?
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A

Oh, yeah, he was there.

It might be one day

18 that I can remember that he wasn't, but he was there.
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He worked a lot.

Even during the week he never left

20 that place.
21
Q

Okay.

Let me back up a Ii ttle bi there.

When

22 you became a loan officer, did your hours change from
23 what you had been working as a loan processor?
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A
Q

Uh-huh.
Is that a yes?

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

Document 339-18

Filed 01/31/2006

Page 3 of 5

Shauna Katherine Gleason 12/1512005

Camille Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
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A Yes.
Q Can you describe for me how your hours
changed?
A

I would come in

the loan officer hours I

believe started at 10, but I was so used to coming at 9,

that I would come in between 9 and 10. And I generally
wouldn't leave until 9:00, 9:30, sometimes 10.
some days I would just work eight hours.
But then

It jus t

depended.
Q

Depended on how the month was going.

Okay.

Was there a -- you mention that the

loan officers were supposed to come in at 10 in the

morning?
A I don't know if they were supposed to come in
at 10, but you had like the privileged come in later because it was important to call at night in the
evening, and that was really what he wanted us to be

doing because that's when you're going to get people at

home.

So it was almost it benefitted you more to come

in later rather than earlier.
Q

So. . .

Okay.

Based on your observation, did most

loan officers -- what time did most loan officers come
in in the morning?

A Most loan officers came in at 10. There was
one that maybe would come in at 6 or 7 sometimes.

Q AM?
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Case 1:03-cv-02485-MSK-PAC

Document 339-18

Filed 01/31/2006

Page 4 of 5

Shauna Katherine Gleason 12/15/2005

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

1

Q

Please let me finish.
I know, I know.

82

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A
Q

You told me earlier that you had discretion to

increase the fees if you wanted to.
A

Correct?

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6

Yeah, it's just you had to have at least 350,

but 11m not saying people did.

I'm just saying you had

7 to have 350 on there.
8
Q

At least 350.

Correct?

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A
Q

Uh-huh.
But it could be more.
It could be.

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12

Correct?

A
Q

You could decide as a loan officer to charge

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more for those fees.
A
Q

Correct?

Yeah.
Who chose the ti tle company?

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A

We just -- I think we had kind of like an

17 affiliation with Clear Title.
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Q

Is that who you always used?

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A

Yeah.
COURT REPORTER:

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I'm sorry.

Did you say a

21 name of a title company?
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THE WITNESS:

Clear Title.
Thank you.

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COURT REPORTER: Clear.

24 BY MS. WIELENBERG:
25
Q

How about the appraiser, how did you determine

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

Document 339-18

Filed 01/31/2006

Page 5 of 5

Shauna Katherine Gleason 12/15/2005

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

1

A

I don't remember her name.
I can't remember.

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It's kind of a

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weird name.
Q

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And then did you say tha t other people in the

4 office also started using that appraiser that you found?
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A

Yeah because she was fast.

She had a really

6 good turn-around and so I kind of gave her name to other
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people.

Where I got her name or how I even heard of

8 her, I don't remember.

Okay. And those other loan officers also had 10 the discretion to use that appraiser if they wanted to.
9
Q

11 Correct?
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A
Q

Uh-huh.
Is that a yes?

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A
Q

Yes.
Okay.
You mentioned a closer.

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You were

16 get ting confused and you mentioned a name of a lady who
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was a closer.
A

Is that right?

Yeah.

Her name was Laura.

It was someone at

19 Clear Title I guess. They had closers because they're
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based out of Pittsburgh.

They had closers in our area

21 that I guess they had hired, and they would use them.
22
Q

Okay.

Could you choose which closer to use?

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A
Q

Yeah.
As a loan officer you could decide which

25 closer you wanted to use?

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