Free Stipulation - District Court of Arizona - Arizona

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Case 2:04-cv-00424-ROS Document 411-2 Filed 03/20/2008 Page 1 of 3

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 ORDER GRANTING DISCOVERY AND BRIEFING SCHEDULE

Upon consideration of the parties Stipulation Concerning Lobbying Discovery And Schedule For Supplemental Briefing On Honeywell s Motion To Reconsider, and good cause appearing therefore, IT IS ORDERED that: 1. Plaintiffs are entitled to take the deposition of Honeywell International

Inc. employee Paul Zurawski in Washington, D.C. 2. Plaintiffs will file their supplemental brief on Honeywell s Motion to

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Reconsider within 5 business days of receipt of the transcript of Mr. Zurawski s deposition. The parties will request that the transcript be finalized on an expedited basis. In the event that any responsive, non-privileged documents relevant to the Treasury Letter are identified during Mr. Zurawski's deposition, Honeywell will provide them to plaintiffs prior to the deadline for the filing of plaintiffs' brief, but the production of such documents will not affect the deadline for plaintiffs' submission. 3. Defendants will file their response to plaintiffs supplemental brief There shall

within 5 business days of plaintiffs filing of their brief with the Court. be no reply. 4. 5. There shall be no further extensions of the briefing schedule.

Plaintiffs agree to abandon any claim that Honeywell, its agents, or

employees engaged in spoliation of evidence with respect to Honeywell s lobbying efforts relating to the Treasury Letter. Plaintiffs will not ask questions of Mr.

Zurawski concerning document retention issues at his deposition and will not argue spoliation as a basis for denying Honeywell s Motion To Reconsider or for other sanctions against Honeywell or the Defendants relating to a claim of spoliation regarding Honeywell s lobbying efforts relating to the Treasury Letter. 6. Plaintiffs agree not to challenge the assertions of privilege on

Honeywell s privilege log relating to the lobbying discovery. 7. With respect to lobbying issues, Mr. Zurawski s deposition is the only

one plaintiffs will be permitted to take. Upon filing of plaintiffs supplemental brief,
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discovery on the lobbying issue will be closed. To the extent Honeywell identifies additional responsive, non-privileged documents on the lobbying issue, Honeywell will supplement its production.

Case 2:04-cv-00424-ROS

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