Free Supplement/Amendment - District Court of Colorado - Colorado

Case 1:03-cv-02671-RPM

Document 40-3

Filed 07/10/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

JOHNNY WELLS, DONALD J. BROOKINS, and RILEY ANDREW SCHAEFFER, on behalf of themselves and all others similarly situated, Plaintiffs, -vGANNETT RETIREMENT PLAN and GANNETT CO., INC. Defendants. Civil Action No. 03-cv-2671-RPM-OES

CLASS CERTIFICATION ORDER Plaintiffs' Motion for Class Certification seeking certification of this case as a class action on behalf of certain individuals who have participated in the Gannett Retirement Plan ("Plan") subsequent to its amendment effective January 1, 1998, is now before the Court. The Court has considered the briefs and materials submitted by the parties and heard the arguments of counsel at a hearing held June 1, 2006. The Court concludes that class certification pursuant to F.R.C.P. 23(b)(2) is appropriate in this action. In accordance with the Court's directions at the June 1, 2006, hearing, the parties have submitted a Stipulated Amendment to Plaintiffs' Motion for Class Certification setting forth new proposed definitions of the two classes to be certified: 1. The Pension Equity Formula Class. All participants in the Gannett Retirement

Plan whose benefits are calculated pursuant to the Pension Equity Provisions contained in Article VI.A of the Plan, as amended effective January 1, 1998, excluding all individuals who

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Case 1:03-cv-02671-RPM

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Filed 07/10/2006

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first became participants in the Plan after December 31, 2002, and excluding all individuals who terminated employment with Gannett and received a lump sum distribution of their benefits prior to December 31, 2003. 2. The Transition Class. All participants in Gannett Retirement Plan prior to

January 1, 1998 whose benefits were converted, on January 1, 1998, to the Pension Equity formula under The Pension Equity Provision contained in Article VI.A of the Plan, as amended effective January 1, 1998, excluding all individuals who terminated employment with Gannett and received a lump sum distribution of their benefits prior to December 31, 2003. THEREFORE, pursuant to F.R.C.P. 23(b)(2), the Court hereby certifies this case as a class action brought on behalf of the Pension Equity Formula Class and the Transition Class as both are defined above. The Court also designates Plaintiffs as Class Representatives for the two certified classes and appoints their counsel to be Class Counsel for the two classes. BY THE COURT: July ___, 2006 Richard P. Matsch Senior United States District Court Judge

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