Free Supplement/Amendment - District Court of Colorado - Colorado

Case 1:03-cv-02671-RPM

Document 40

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

STIPULATED AMENDMENT TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND STIPULATED PROPOSED MODIFICATION TO SCHEDULING ORDER In accordance with the Court's directions at the June 1, 2006, hearing, the parties have agreed to and hereby submit this Stipulated Amendment to Plaintiffs' Motion for Class Certification, setting forth the following 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 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.

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Case 1:03-cv-02671-RPM

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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. The parties also have agreed to and hereby submit the attached proposed Class Certification Order and proposed Modification to the Scheduling Order.

Dated: July 10, 2006 HILL & ROBBINS, P.C. By: s/ Robert F. Hill Robert F. Hill John H. Evans John R.Walsh Hill & Robbins, P.C. 100 Blake Street Building 1441 Eighteenth Street Denver, CO 80202 Telephone: (303) 296-8100 Douglas R. Sprong Korein Tillery LLC 701 Market Street, Suite 300 St. Louis, MO 63101-1820 Telephone: (314) 241-4844 Attorneys for Plaintiffs NIXON PEABODY, LLP By: s/ Margaret A. Clemens Margaret A. Clemens Nixon Peabody LLP Clinton Square, P.O. Box 31051 1300 Clinton Square Rochester, NY 14603-1051 Telephone: (585) 263-1000 Michael S. Beaver Gregory B. Eurich Holland & Hart LLP 8390 East Crescent Parkway Suite 400 Greenwood Village CO 80111 Telephone: (303) 290-1600 Attorneys for Defendant

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