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

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

Document 339-13

Filed 01/31/2006

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IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE 01 STRICT OF COLORADO

CAMILLE MELONAKI S-KURZ,

Individually and on behalf

of other similarly situated

employees,

Plaintiffs,
vs.
Cas e No. 03 - MK - 2485

HEARTLAND HOME FINANCE, INC.,

Defendant.

The Videotaped Deposition of LISA DONAHOO,
Taken at 30800 Telegraph, Suite 2925,
Bingham Farms, Michigan, Commencing at 8:09 a.m.,

T u e s day, No v emb e r 15, 2 0 0 5 ,
Before Nora Morrissy, RMR, CRR, CSR-2642.

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

Document 339-13

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Lisa Donahoo 11/15/2005 Camile Melonakis-Kurz, et al v. Heartland Home Finance, Inc.
30 Obj ection. Asked and answered.

MS. NOVAK:

A. I had a few, but I wasn't sure -- at the time I was
learning other methods, but I didn't -- never placed
them because one in particularly I was trying but it

never went through.
BY MS. RAYMOND:

Q. Wha t happened?

A. He just couldn't qualify.
Q. How did you find that out?
A. Just talking to another rep gave me advice but like I
said it never went through, there was

nothing I could

do to help.

Sometimes you want to get to a point

where you want to help but you just can't help the

people.
Q. And what do you do in those situations?

A. They are dead leads, can't do anything. Q. Wha t do you tell the customers in those situations?
A. Well, at that time like I said we'll go back to our
supervisor because those leads are -- you know, they
cost money.

If there is nothing else we can do, then,

you know, we would just put it in the dead lead pile
and I guess it would go back to corporate or whatever,
but it was nothing that I could do.

Q. Did you ever talk to the customer after it became a

dead lead?

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

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Lisa Donahoo 11/15/2005 Camile Melonakis-Kurz, et al v. Hearland Home Finance, Inc.
i

31
1

A.
Q.

No.

2 3
4

Would anyone

ever call the customer and

tell
I

them

that

Heartland couldn't help them?
A.

I

believe the leads were recycled, but

don't

know

5
6
7 8 9

how
Q.

that process

was done.

Did you ever give a customer

by Heartland an

that couldn't be helped idea of where else they might go to

get help?
A. Q. A.
Q.

No, no.
Do

10 11
(
;

you know

if

anybody

else ever did?

No, I

don't

know.

12

13 14

A.
Q.

talking about that nonconforming loan just then, do you remember who that was? Wha t , that would give me advice?
When we were

15

16
17 18

A.

19

that representa ti ve? Several people. You know, we would talk MS. NOVAK: Obj ection. Can I just clarify the question? Are you referring to who the loan was for or who she talked to?
That too, yeah,
who was
MS. RAYMOND:

20

Well,

first

I asked who
who

it

21
22 23
24

was

for and then she started to answer
now we

she talked

to, so,

are answering
Okay.

who

she talked to.

MS. NOVAK:

I

just

want to make sure

she understands the question.
A.
As

(
25

far as people that

I work with.

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

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Lisa Donahoo 11/15/2005 Camille Melonakis-Kurz, et al v. Heartland Home Finance, Inc.
32

1 BY MS. RAYMOND:
2 3
4

Q.

Uh-huh.
We would talk amongst each other.

A.
Q.

By each other do you mean other loan officers?

5

A.
Q.

Yes.
So, would you get advice from other loan officers?

6
7 8 9

A.

I would get advice, but Jim was such a hands-on

manager that, you know, he would interj ect or
whatever.
Q.

So, mainly I would go to him first.

10 11
12

Would you ever get advice from senior loan officers?

A.
Q.

Yes.
Do you think they were helpful?

13
14

A.
Q.

Somewhat, yes.
And who were the other loan officers that you worked
wi th that you'd get advice from?

15

16
17
18

A.

There was a senior loan officer, two, but they would be so busy, and

Q.

Do you remember their names?

19

A.

I can't recall their names, but there were two that

20

had experience.
Q.

21
22

They had been there long enough to be able to know
wha t they were doing?

23
24 25

A.
Q.

Yes, yes.
And they didn't need to get help from anybody?
Well, we would all, you know, go to Jim.
Jim was just

A.

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

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Lisa Donahoo 11/15/2005 Camile Melonakis-Kurz, et al v. Heartland Home Finance, Inc.
41
1

Q.

So, there might be different ways to help each

2 3
4

customer?
MS. NOVAK:

Objection. Asked and answered.

A.

Like I said they have different needs, that's all I

5

can

only way I can explain it, what's important to

6 the customer.
7 BY MS. RAYMOND:
8 9

Q.

Would you tell Jim what was important to the customer
when you were coming up with the solution?

10 11
A.

MS. NOVAK: Objection. Asked and answered.

Yes.

12 BY MS. RAYMOND:
13
14
Q.

Did you ever select the title company for the loans?
No, Heartland had their own title company.

A.
Q.

15

So, the same title company was used for every single

16

loan?
A.
Q.

l7
18

For my loans, yes.

For other loans were there other title companies used?

19

A.

No, everyone used the same title company. We had a

20
21 22 23
24
Q.

standard form.
Were the fees that were charged to the customers based
on the services that you provided them?

MS. NOVAK: Obj ection. Vague as to fees
and asked and answered.

25

A.

Like I said, Heartland had -- some of their fees were

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

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69
1

It's a process.
Q.

2 3
4

When you say you had to work a certain number of
hours, is that something that someone told you?

A.

I was given the hours by my supervisors, supervisor,
the hours in which to work.

5 6
7
8

Q.

And what were those?
I had to be there I believe from 10 or 10: 30 I had to

A.

be there from 7 to 7: 30.
Q.

9

What days of the week?
Monday through Thursday.
Wha t about Fridays?

10

A.
Q.

II
12 13
14

A.
Q.

I believe, I'm not sure, it was Ii ke ten to three.

And then did anybody

A.

And then Saturdays I worked, I had to be there from
nine at least 'til one or two if I can recall, one, at
least 'til one.

15 16
17 18
Q.

Were you all told by your supervisor -- well, were you
told by your supervisor when he was explaining the
hours about lunches?

19

20

A.
Q.

Yes, we were given a lunch.
And how long was the lunch?

21
22

A.

We started out with an hour lunch and then it went
down to if I can recall correctly the last few months
that I worked 30 minutes.

23
24

25

Q.

So, during your first month your team took a one-hour

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

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Filed 01/31/2006

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Lisa Donahoo 11/15/2005 Camile Melonakis-Kurz, et al v. Heartland Home Finance, Inc.
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1

lunch?
A.

2 3
4

Yeah, first few months, but I can i t recall when that
changed, but if I can recall correctly, he shortened
our lunch.

5
6 7
8

Q.

Okay.

If you worked from December 30th to the

beginning of May, it's about four months and a week
give or take.
A.
Q.

Righ t .
So, how many of those four months were you taking
one-hour lunch breaks?

9

10 11
12

A.
Q.

I would say the first maybe 90 days I believe.

So, mostly April was when you thought you needed to
take the 30-hour (sic) lunch?

13 14 15
A.
Q.

I believe March and April it started to change.
How was the change discussed wi th you, how was it

16
17
18

brought up?
A.
Q.
I can i t recall.

Was i t at a meeting, one of the weekly meetings?

19

A.

I can't recall if he just told us, you know, have an
abrupt meeting and come in the office.
tha t a lot, have abrupt meetings.

20
21
22
Q.

Jim would do

Bu t you do recal lit was Jim who told you you needed

23 24 25
A.
Q.

Yes.
Did the other managers have their loan officers take