Free Motion to Certify Class - District Court of Arizona - Arizona

Case 2:03-cv-02262-ROS Document 158-15 Filed 10/07/2005 Page 1 of 3

In Lydia A. Jones - 017178
ROGERS & THEOBALD LLP
2 The Camelback Esplanade, Suite 850
2425 East Camelback Road
3 Phoenix, Arizona 85016
Telephone: (602) 852-5582
4 la]gwrogerstheobald.com
5 Attomeys for Plaintiffs
6 UNITED STATES DISTRICT COURT
7 ARIZONA DISTRICT
8
KAYE HUTTON, as an individual and No. CV2003-2262—PHX—ROS
9 representative of a class consisting of
others similarly situated, DECLARATION OF OPT-IN
10 JULIA COOPER
Plaintiff
11
vs.
12
1, BANK OF AMERICA, N.A.,
Defendant.
14
15 1. 1, Julia Cooper, am over the age of 18 and I make this declaration based
16 upon my personal knowledge, unless otherwise stated.
17
2. I am an opt—in plaintiff in this action and am seeking retroactive
18 overtime compensation for the hours in excess of 40 that 1 worked on
19 behalf of the Bank of America from October 31, 2001 through March
2002.
20
gl 3. From October 31, 2001 through March 2002 I worked on average 9-12
hours per day for the Bank.
22
23 4. The client manager position is a sales position. As such, there was
24 pressure on my supervisors, the market managers, to ensure that sales
goals and targets were met: This was especially true during 2001 and
25 2002 when the Bank increased the sales goals for the client manager
position.
26
C e 2:O3—cv—O2262—ROS Document 158-15 Filed 10/O7/2005 Page 2 of 3

l
I 1 5. During 200] and through March 2002, I was told that the client
~ manager position was not a 40 hour a week job, and that as client
2 I manager, I had to "do what I have to do,°’ to meet the Bank’s sales
3 * goals and targets.
I
‘* e 6. I have read plaintiif Kaye Hutton’s, on behalf of herself and the opt—in
5 g plaintiffs, Objections and Responses to Defendants First Set of
T Imuerrogatcries and First Request for Production of Documents, and
e W based my conversations with other client managers, I believe they
J reflect the experience ofthe collective and I hereby adopt and
7 p incorporate herein by reference Ms. I-Iutton’s Objections and
8 Responses.
9 E
,0 I declarexupon th of perjury that the above statements are true.
11 t niyiihld-I J
1
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is
14 I DATED this 26* day of August 2005.
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17 I
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Case 2:03-cv-02262-ROS

Document 158-15

Filed 10/07/2005

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Case 2:03-cv-02262-ROS

Document 158-15

Filed 10/07/2005

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Case 2:03-cv-02262-ROS

Document 158-15

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