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 Declaration of Jennifer Kroll In Support of Plaintiffs 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.

In response to requests for production, this firm received database files

containing benefits data for class members on multiple occasions from Defendants. Although some of the files contained data was in a readily usable form, much of the data required loading the databases into usable files by utilizing file layouts provided by Defendants. This firm utilized the services of a computer consultant and programming specialist for purposes of putting the database and spreadsheet files into usable form for transmittal to actuary Claude Poulin. The computer programmer also ran many queries from the data in order to obtain information sufficient to calculate benefits for class members. These queries are maintained on Martin & Bonnett s computer system. 3. On December 20, 2007, I contacted Michael Wyand, reporter for BNA

at BNA s corporate offices by telephone. I asked Mr. Wyand if he would tell me from whom BNA had obtained the Solomon letter referred to in the first paragraph of his article that is attached to Defendants Motion for Reconsideration at Tab B. (Doc. 323.) Mr. Wyand advised me that he could not tell me how BNA had obtained the letter. He stated that the letter was obtained from a confidential source. I asked him if he could tell me if the source of the letter was a government source or a private sector source. Mr. Wyand said he could not tell me that information. Mr. Wyand advised me that confidential sources are how he obtains this type of information and that he believed if he did not maintain the confidentiality of the source of this letter, he would not obtain similar documents in the future. 4. Attached hereto as Exhibit A is a true and accurate copy of a summary

of selected pages from campaign contributions made to the McCrery for Congress Committee by political action committees obtained from the Federal Election Commission website (www.fec.gov) last visited December 20, 2007 which lists campaign contributions made to the McCrery for Congress Committee by the Akim

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Gump Strauss Hauer & Feld LLP Civic Action Committee and the Honeywell Int l Political Action Committee. 5. On December 20, 2007, I visited the Federal Election Commission

website (www.fec.gov). In addition to the PAC contributions set forth in Paragraph 4 above, there were individual contributions made in 2006 and to the McCrery for Congress Committee by Akin Gump and Covington and Burling attorneys representing Honeywell including Jeffrey McMillen and Richard Shea, among others. 6. Attached hereto as Exhibit B are true and accurate copies of documents

I obtained on the ERISA Industry Committee s website, which are listed on the website as the ERISA Industry Committee s comments to the IRS regarding Section 411(d)(6) benefits.

Respectfully submitted this 21st day of December, 2007.

s/Jennifer Kroll Jennifer Kroll

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CERTIFICATE OF SERVICE I hereby certify that on December 21, 2007, 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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