Free Brief in Opposition to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02671-RPM

Document 32-2

Filed 03/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 03-M-267 1(OES)

JOHNNY WELLS, DONALD J. BROOKINS, and RILEY ANDREW SCHAEFFER, on behalf of themselves and all others similarly situated, Plaintiffs,

GANNETT RETIREMENT PLAN, and GANNETT CO., INC., Defendants.

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DECLARATION OF ROXANNE HORNING IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

Roxanne Homing, declares as follows:
1.
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I am employed by defendant Gannett Co., Inc. ("Gannett") as Vice President,

Human Resources. 2. This action challenges certain benefits provided under the Gannett Retirement

Plan (the "Plan").
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3.

The Plan, as amended on January 1, 1998, (together with subsequent amendments

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and the current Plan appendix) is attached hereto as Exhibit A.

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Case 1:03-cv-02671-RPM

Document 32-2

Filed 03/30/2006

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4.

I have reviewed a copy of plaintiffs' Motion and Memorandum in support of a

motion for class certification and understand that they are seeking to certify a class consisting of "[all1 individuals whose Accrued Benefit has been determined pursuant to the Pension Equity Provisions contained in Article VIA of the Gannett Retirement Plan, as amended effective January 1, 1998, excluding all individuals who first became participants in the Plan after January 1,2003."
5.

Gannett does not routinely or regularly "determine" a Plan participant's "Accrued

Benefit", as defined under Article 11, section 2.01 of the Plan. Rather, calculations with regard to a Plan participant's "Accrued Benefit" are generally made only in the event an individual retires, terminates from employment, or has expressly requested an estimate of his or her benefits.
6.

I declare under penalty of perjury under the laws of the United States that the

foregoing is true and correct. Executed in McLean, Virginia this 2 H d a y of March, 2006.