Free Objection - District Court of Arizona - Arizona

EXHIBIT 3
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Case 2:03-cv-02262-ROS Document 299-5 Filed O9/O1/2006 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
KAYE K, HUTTON, es en individual)
end es xepresentetive of e class)
consisting of others similazly )
situated, )
i
Plaintiff, )
)
vs, } No. CV 03—2262—PHX—ROS
)
BANK OF AMERICA, N,A., )
)
Defendant. )

”' ME

Tucson, Axizone
August 31, 2005
11:04 e.m.
REPORTED BY: ..A __: __,
Kxistin A. Woodsli, RPR *‘ ‘*f -r
Certified Court Repoxter £g”"_e _
Certificate No, 50196
PREPARED FOR: ’‘‘ ···oo · o‘‘ “ SS@Ii¤§§S
M:. Charles L. Cheeter `U . U * wwwwwws
(Copy) .,
` " 3030 Nor!hCes%ira%Aven1sB
Suite 1102
Phoenix, Arizona 85012
T602264223D
BBB 529 9990
F5022642245
Case 2:O3—cv—O2262-ROS Document 299-5 Filed O9/O1/2006 Page,,2,Q,§,,4|,,,p,,,,,,,5CD,,,,

67
1 overtime, you would be taking it from another client manager;
2 is that right?
3 A. That's correct.
4 Q. Did any client manager ever approach you on that
5 issue of ——
6 A. Yes. As a matter of fact, one of the other
7 client managers mentioned to me one day when I saw that she was
8 leaving early. I said: Oh, you’re leaving a little bit early
9 today. And she said: Yes, I am. I said ~— she said that she
10 had to make up overtime and take comp time because I was using
ll up all the hours.
12 MR. CHESTER: Could we lay some foundation as to
i3 who this is and when?
l4 Q. (By Ms. Jones} when did that conversation take
15 place?
16 A. It was probably sometime in late 2003 or early
17 2004.
18 Q. And was that person another opt—in in this
19 lawsuit?
20 A. Yes.
21 Q. Did Grace Duvall have meetings with you regarding
22 bank products?
23 A. Yes.
24 Q. Did she send e—mai1s regarding bank products?
25 A. Yes.
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68
1 Q. Did she send eemails regarding the sale of bank
2 products?
3 A. Yes.
4 Q. How frequently did you receive those e—mails
5 regarding the sale of bank products?
6 A. Almost daily.
7 Q. You were a small business banker before you
8 became a premier client manager; is that right?
9 A. Correct.
l0 Q. When you were a small business banker, was your
ll title —— what was your formal title?
12 A Vésgmalljbgginess banker. I was president of small
23 business banker. At that time, they might have still had
ld client manager in there. I can’t recall.
l5 Q. So you were a client manager in the small
l6 business division before you were client manager in the premier
ll division?
lB A. Correct.
l9 Q. were your job functions essentially the same when
20 you held those two positions?
2l A. Yes.
22 Q. Were there any difierences between them?
23 A. The difference would have been in the type of
24 lending that we looked at. That‘s how it was also determined
25 as to whose portfolio a client should be in, whether it should
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Document 299-5

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