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

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

Document 339-12

Filed 01/31/2006

Page 1 of 6

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 03-CV-2485 (MSK/PAC)

CAMILLE MELONAKIS-KURZ,

individually and on behalf

of other similarly situated

employees,

Plaintiffs,
vs.
HEARTLAND HOME FINANCE, INC.,

ORIGINAL
Defendant.

The Videotaped Deposition of PAUL G. DINKEL,
Taken at 1515 Michigan Avenue, N.E.,

Grand Rapids, Michigan,
Commencing at 8: 23 a.m.,

Wednesday, January 18, 2006,

Before Patricia A. Way, CSR-1201.

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

Document 339-12

Filed 01/31/2006

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Paul G. Dinkel 1118/2006

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

13
1

A.
Q.

Yes.
In number 2, if you look at that, it has your dates of

2 3
4

employment.

What dates were you employed from or with

Heartland Home Finance?
A.
Q.

5 6
7
8

April 1, 2001 until September 14, 2001.

And did you work with Heartland Finance as a loan

A.
Q.

officer? That's correct.
From April 1st, 2001 to September 14, 2001, the dates

9

10 11 12 13
14

tha t you worked with Heartland, did you work with
Heartland that whole time? Were those consecutive

da tes?
A.
Q.

Yes.
So you didn't leave your employment at Heartland at
any time between then?

15

16
17
18

A.
Q.

No.
What office did you work with?

A.
Q.

The one over on Eastbrook Drive.
Do you know if that was known as Grand Rapids 1, 2, 3
or 4?

19

20

21
22 23
24

A.
Q. A.
Q.

Grand Rapids Heartland office, the only one I knew of.
Okay.
Were there other loan officers in your office?

Yes.
Do

you remember any names of who worked there with

25

you?

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

Document 339-12

Filed 01/31/2006

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Paul G. Dinkel 1118/2006

Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
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1

A.

It would have been probably the first week I was there

2 3
4

when I was filling out a time sheet as far as my time

in the off ice.
Q.

Do you remember if he ever told you again after that
first week?

5 6
7
8

A.
Q.

No, I don't.

And what, speci fically, did he tell you?

A.
Q.

I don't recall exactly.

9

And can you describe this time sheet that you were
filling out?

10 11
12 13
14

A.

I don't recall it visually exactly but it was kind of

a generic sheet that basically broke down what your

hours were in the office, what the days were, and how

much time you had spent at the end of that week per

15

pay period.
Q.

16
17 18

Was it -- did it have Monday through Friday on, say,

one page which is 8-1/2, about the size of Exhibit 1
in front of you?
A.
Q.

19

Yes.
It was Monday through Friday on that page?
I don't recall exactly.

20

21
22

A.
Q.

What about Saturday? Was there a second page or was
it all on one page?

23
24

MS. NOVAK: Objection; asked and answered.

25

You can answer.

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

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Filed 01/31/2006

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Paul G. Dinkel 1/18/2006 Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
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1

THE WITNESS:

I believe it was on the same

2 page.
3 BY MS. HATFIELD:
4

Q.

Did it jus t have your name on the page?

5 6
7 8 9

A.
Q.

It was a generic sheet.

But did it have your name written on it?
I would put my name on it.

A.
Q.

Did any other loan officers put their names on it?

A.
Q.

No.

It was my sheet, to the best of my knowledge.

10 11
12

Did you sign it at the end of the week?
I don't recall.

A.
Q.

I would think that I would have.

Did you personally write down your hours that you were
working for each day?

l3
l4
15
A.
Q.

Yes.
Did you total up the number of hours that you worked?
I don't recall.

16
17
18

A.
Q.

Did you keep any of these time sheets?
I don't recall.

A.
Q.

19

Do you know if you have any in your possession, maybe
at home in a box or something?

20

21
22

A.
Q.

I don't.

If Tom Gable said that he never used time sheets in
his office in 2001, would you say he was lying?

23
24
A.
Q.

I'd say he's lying.

25

And if Heartland Home Finance said they never used

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

Document 339-12

Filed 01/31/2006

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Paul G. Dinkel 1/18/2006 Camille Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
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1

A.
Q.

Uh-huh.
This was back in 2001, which iS

2

3
4

A.
Q.

Uh-huh.
-- four years ago, all right, maybe five years ago

5 6
7 8
9

now.
A.
Q.

Uh-huh.
Is it possible that you didn't sign time sheets during
those five months?

A.
Q.

I can i t recall exactly.
So it's possible you didn't because you can't recall
for sure?

10 11
12

MS. NOVAK: I'm going to obj ect. Let the

13
14

wi tness answer the question.
THE WITNESS: Answer the question? MS. NOVAK: I just want you to answer the

15

16
17 18

question.
I don't need you to provide him with the

answer.
THE WITNESS: To the best of my knowledge,

19

20 we did.
21 BY MS. HATFIELD:
22 23
24
Q.

Other than you believing that Tom Gable knew you were

working over 40 hours, did you ever tell him that you
were working over 40 hours per week?
A.

25

Yes.

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

Document 339-12

Filed 01/31/2006

Page 6 of 6

Paul G. Dinkel 1/18/2006 Camile Melonakis-Kurz, et aL. v. Heartland Home Finance, Inc.
53
1

Q.

Are you sure that you were filling out time sheets for
those five months that you were employed in 2001?

2 3
4

A.
Q.

I can't say a hundred percent for sure.

Do you recall where the time sheet was located?
I can't answer that a hundred percent either.

5
6
7

A. Q.

Okay. And I -- I i m not even asking for a hundred
percent. Where do you think the time sheet was

8 9

loca ted?
A.
Q.

Probably on my des k.
Did you have to fill the time sheet out from the beginning of your employment?

10 11
12

A.
Q.

I don't recall exactly.

13
14

When did you first see the time sheet?

MS. NOVAK: Obj ection; asked and answered.
THE WITNESS: I can't tell you specifically.

15

16 I would think it was prior to me getting paid.
17 BY MS. HATFIELD:
18
Q.

When were you first paid?
I don't recall the exact date or approximate time.

19

A.

It

20
21 22 23
24 25
Q.

was probably after I closed my first loan, and I don't
recall exactly how soon that was.

And what was the process with this time sheet after

you

you filled it out?

MS. NOVAK: Objection; asked and answered.

THE WITNESS: I don't recall what the format

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