Free Declaration - District Court of Arizona - Arizona

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SUSAN MARTIN (AZ#014226) DANIEL L. BONNETT (AZ#014127) JENNIFER KROLL (AZ#019859) MARTIN & BONNETT, P.L.L.C. 3300 N. Central Avenue, Suite 1720 Phoenix, Arizona 85012-2517 Telephone: (602) 240-6900 [email protected] [email protected] [email protected] Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Barbara Allen, Richard Dippold, Melvin Jones, Donald McCarty, Richard Scates and Walter G. West, individually and on behalf of all others similarly situated, Plaintiffs, vs. Honeywell Retirement Earnings Plan, Honeywell Secured Benefit Plan, Plan Administrator of Honeywell Retirement Earnings Plan, and Plan Administrator of Honeywell Secured Benefit Plan, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. CV04-0424 PHX ROS SUPPLEMENTAL DECLARATION OF JENNIFER KROLL IN OPPOSITION TO DEFENDANTS MOTION FOR RECONSIDERATION

Pursuant to 28 U.S.C. § 1746, I, Jennifer Kroll, affirm under penalty of perjury as follows: 1. I am an attorney for the Plaintiffs in the above entitled action. I am fully

familiar with the file in this case. I am of legal age, under no legal disability and if called as a witness could competently testify to the matters set forth herein from my own personal knowledge.

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2.

Attached hereto as Exhibit A is a true and accurate copy of portions of the

deposition of Paul Zurawski taken on April 1, 2008. 3. Attached hereto as Exhibit B are true and accurate copies of all of the

deposition exhibits to Mr. Zurawski s deposition taken on April 1, 2008. 4. Attached hereto as Exhibit C are true and accurate copies in Bates number

order of some of the relevant documents produced by Honeywell and Honeywell s lobbyists. 5. Attached hereto as Exhibit D is a summary prepared by my office under my

supervision listing campaign contributions to the McCrery for Congress Committee in 2006 and 2007 from the Akin Gump Strauss, Hauer and Feld Civil Action Committee, the Honeywell International Political Action Committee, Honeywell s lobbyists and attorneys, Covington & Burling, Ob-C Group, the Hobbs Group and anyone who listed themselves as an employee of Akin Gump, Honeywell, Ob-C group, Covington & Burling or the Hobbs Group. The summary also includes campaign contributions made by employees of lobbying organizations for Xerox including C2 Group, Davis & Harman, with whom Honeywell lobbied for legislative changes in the Pension Protection Act. The summary was prepared from summaries and reports contained on the Federal Election Commission website, www.fec.gov. The documents from which this summary was prepared are voluminous and accordingly are not filed herewith. The documents used to prepare the summary attached as Exhibit D include the reports available on the FEC website, including, inter alia, FEC Form 3x Report of Receipts and Disbursements. The documents from which we compiled this summary are available both on the Federal Election Commission website, www.fec.gov and are also available for inspection and copying at the office of Martin & Bonnett, P.L.L.C. 6. Attached hereto as Exhibit E is a summary prepared by my office under my

supervision listing campaign contributions to the Friends of Max Baucus Committee in 2006 and 2007 from the Akin Gump Strauss, Hauer and Feld Civil Action Committee, the Honeywell International Political Action Committee, Honeywell s lobbyists and attorneys,

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Covington & Burling, Ob-C Group, the Hobbs Group and anyone who listed themselves as an employee of Akin Gump, Honeywell, Ob-C group, Covington & Burling or the Hobbs Group. The summary also includes campaign contributions made by employees of lobbying organizations for Xerox including C2 Group, Davis & Harman, with whom Honeywell lobbied for legislative changes in the Pension Protection Act. The summary was prepared from summaries and reports contained on the Federal Election Commission website, www.fec.gov. The documents from which this summary was prepared are voluminous and accordingly are not filed herewith. The documents used to prepare the summary attached as Exhibit D include the reports available on the FEC website, including, inter alia, FEC Form 3x Report of Receipts and Disbursements. The documents from which we compiled this summary are available both on the Federal Election Commission website, www.fec.gov and are also available for inspection and copying at the office of Martin & Bonnett, P.L.L.C. 7. Attached hereto as Exhibit F is a summary prepared by my office under my

supervision listing campaign contributions to the Grassley Committee, Inc. in 2006 and 2007 from the Akin Gump Strauss, Hauer and Feld Civil Action Committee, the Honeywell International Political Action Committee, Honeywell s lobbyists and attorneys, Covington & Burling, Ob-C Group, the Hobbs Group and anyone who listed themselves as an employee of Akin Gump, Honeywell, Ob-C group, Covington & Burling or the Hobbs Group. This summary also includes campaign contributions made by employees of lobbying

organizations for Xerox including C2 Group, Davis & Harman, with whom Honeywell lobbied for legislative changes in the Pension Protection Act. The summary was prepared from summaries and reports contained on the Federal Election Commission website, www.fec.gov. The documents from which this summary was prepared are voluminous and accordingly are not filed herewith. The documents used to prepare the summary attached as Exhibit D include the reports available on the FEC website, including, inter alia, FEC Form 3x Report of Receipts and Disbursements The documents from which we compiled this

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summary are available both on the FEC website, www.fec.gov and are also available for inspection and copying at the office of Martin & Bonnett, P.L.L.C. 8. Attached hereto as Exhibit G is a summary prepared by my office under my

supervision listing campaign contributions to the Rangel for Congress Committee in 2006 and 2007 from the Akin Gump Strauss, Hauer and Feld Civil Action Committee, the Honeywell International Political Action Committee, Honeywell s lobbyists and attorneys, Covington & Burling, Ob-C Group, the Hobbs Group and anyone who listed themselves as an employee of Akin Gump, Honeywell, Ob-C group, Covington & Burling or the Hobbs Group. This summary also includes campaign contributions made by employees of lobbying organizations for Xerox including C2 Group, Davis & Harman, with whom Honeywell lobbied for legislative changes in the Pension Protection Act. The summary was prepared from summaries and reports contained on the Federal Election Commission website, www.fec.gov. The documents from which this summary was prepared are voluminous and accordingly are not filed herewith. The documents used to prepare the summary attached as Exhibit D include the reports available on the FEC website, including, inter alia, FEC Form 3x Report of Receipts and Disbursements The documents from which we compiled this summary are available both on the FEC website, www.fec.gov and are also available for inspection and copying at the office of Martin & Bonnett, P.L.L.C. 9. Attached hereto as Exhibit H is a summary I compiled identifying various

legislative aides who were lobbied or whose names appear in the documents attached hereto as Exhibits B and C. Respectfully submitted this 11th day of April, 2008.

s/Jennifer Kroll Jennifer Kroll

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CERTIFICATE OF SERVICE I hereby certify that on April 11, 2008, I electronically transmitted the attached document to the Clerk s Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the Following CM/ECF registrants: David B. Rosenbaum Dawn L. Dauphine Osborn Maledon, P.A. 2929 North Central Ave., Suite 2100 Phoenix, AZ 85012-2794 Michael Banks Azeez Hayne Morgan Lewis & Bockius LLP 1701 Market Street Philadelphia, PA 19103 Howard Shapiro Proskauer Rose LLP 909 Poydras Street, Suite 1100 New Orleans, LA 70112 Amy Covert Proskauer Rose LLP One Newark Center, 18th Floor Newark , NJ 07102-5211 Christopher Landau Eleanor R. Barrett Craig Primis Kirkland & Ellis LLP 655 Fifteenth Street, N.W. Washington, D.C. 20005 Attorneys for the Defendants s/.J. Kroll

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