Free Motion to Compel - District Court of Arizona - Arizona

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 1 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Reference in Supporting Declarations Shea (Doc. 225, Exhibit C ¶ 18, 20) Shea (Doc. 225, Exhibit C ¶ 18, 20)

Doc. No. on Defendants' First Privilege Logs

Defendants' Description of Document Legal Summary of Plaintiffs' Administrative Claims and Appeal, Maintained in Covington & Burling s files Draft Legal Summary of Plaintiffs' Administrative Claims and Appeal w/ Covington & Burling attorney s notes, maintained in Covington & Burling s files.

Defendants' Description of Recipient

Defendnts' Description of Sender Covington & Burling attorneys

Defendants' Claim of Privilege

Summary of Plaintiffs' Reasons Why Document Should Be Produced

7

10/14/2003

9

N/A

Document predating decision on Attorney Client Plaintiffs' Plan appeal; Privilege Fiduciary exception applies; Matters of Plan administration Document predating decision on Attorney Client Plaintiffs' Plan appeal; Privilege Fiduciary exception applies; Matters of Plan administration

8

10/14/2003

10

N/A

Covington & Burling attorneys

9

9/26/2003

O'Neill (Doc. 225, Exhibit B ¶ 23, 24)

11

Email String re: Discussion of Legal Strategic Issues Regarding Anticipated Litigation In The Ninth Circuit Regarding Plaintiffs' Claim That The 1984 Brochure Was The Plan Document And Litigation Strategy re: Same 9/26/2003 From R. Shea, Esq. to H. O Neill, Esq.; cc: K. Covert, Work Product; Esq., J. Vine, Esq., J. Huvelle, See Description See Description Attorney Client Esq., J. Ryan, Esq.; 9/26/2003 Privilege From H. O Neill, Esq. to J. Vine, Esq., R. Shea, Esq.; cc: K. Covert, Esq.; 9/26/2003 From H. O Neill, Esq. to R. Shea, Esq., J. Vine, Esq.; cc: K. Covert, Esq., K. Adams.

Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration; No merit to Defendants' claim of anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn

Plaintiffs' s Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' appeal from denial of Plan claims: July 1, 2003 Defendants' response to Plantiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 2 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Reference in Supporting Declarations

Doc. No. on Defendants' First Privilege Logs

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Description of Sender

Defendants' Claim of Privilege

Summary of Plaintiffs' Reasons Why Document Should Be Produced Document predating denial of Plaintiffs' appeal; Fiduciary exception applies; Matter of Plan administration; Settlor Privilege, if any, waived by Honeywell's disclosure of documents to counsel (R. Shea, J. Vine) for the Plan handling Plaintiffs' claims and to Plan actuary (K. Denlinger)

10

9/22/2003

Denlinger (Doc. 225, Exh. D ¶ 2); O'Neill (Doc. 225, Exh. B ¶ 25)

13

Email String re: Legal Analysis of Plaintiffs' Claims Regarding: Effective Date of Plan Attorney Client Amendments September 22, Privilege, 2003 From H. O Neill, Esq. to R. See Description See Description Settlor Function Shea, Esq.; cc: J. Vine, Esq., K. Issue. Denlinger 9/19/2003 From H. O Neill, Esq. to R. Shea, Esq.; cc: J. Vine, Esq

11

9/22/2003

Huvelle (Doc. 225, Exh. I ¶ 3,4)

14

Email String From J. Huvelle, Esq. to J. Ryan, Esq. Requesting Litigation Perspective Regarding Analysis of Board Resolutions Work Product; and Delegation of Authority, and See Description See Description Attorney Client J. Ryan, Esq. s Response to J. Privilege Huvelle, Esq. re: Same 9/22/2003 From J. Ryan, Esq. to J. Huvelle, Esq.9/22/2003 From J. Huvelle, Esq. to J. Ryan, Esq.

Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration; No merit to Defendants' claim of anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn

12

9/16/2003

Shea (Doc. 225, Exhibit C ¶ 18,22)

16

Email re: Legal Analysis of Draft Response to Plaintiffs' Administrative Appeal

R. Shea, Esq.

J. Ryan, Esq.

Document predating decision on Attorney Client Plaintiffs' Plan appeal; Privilege Fiduciary exception applies; Matter of Plan administration;

Plaintiffs' s Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' appeal from denial of Plan claims: July 1, 2003 Defendants' response to Plantiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 3 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Reference in Supporting Declarations

Doc. No. on Defendants' First Privilege Logs

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Description of Sender

Defendants' Claim of Privilege

Summary of Plaintiffs' Reasons Why Document Should Be Produced

13

8/19/2003

Sandstrom (Doc. 225, Exhibit H ¶ 4,5)

17

Notes re: Attorney-Client Privileged Conference Regarding Litigating Plaintiff's AntiCutback Claims in Particular Federal Court Circuits, Maintained in Covington & Burling s files Notes re: Plaintiffs' Administrative Claims and Meeting with S. Martin, Maintained in Covington & Burling s Files

N/A

Covington & Burling attorneys

Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Work Product; Matters of Plan administration; Attorney Client No merit to Defendants' claim of Privilege anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn Document predating decision on Attorney Client Plaintiffs' Plan appeal; Privilege Fiduciary exception applies; Matters of Plan administration; Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Work Product; Matters of Plan administration Attorney Client No merit to Defendants' claim of Privilege anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn

14

8/6/2003

Shea (Doc. 225, Exhibit C ¶ 18, 23)

18

N/A

Covington & Burling attorneys

19

4/17/2003

No supporting declaration provided

27

Notes of Conference re: Plaintiffs' Claims, Maintained in Covington & Burling s Files

N/A

Covington & Burling attorneys

Plaintiffs' s Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' appeal from denial of Plan claims: July 1, 2003 Defendants' response to Plantiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 4 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Reference in Supporting Declarations

Doc. No. on Defendants' First Privilege Logs

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Description of Sender

Defendants' Claim of Privilege

Summary of Plaintiffs' Reasons Why Document Should Be Produced

28

2/3/2003

Sandstrom (Doc 225, Exh. H ¶4, 8.)

37

Memo re: Legal Analysis of Plaintiffs' Administrative Claims in Preparation for Settlement Conference and Settlement of Plaintiffs Claims R. Shea, Esq., J. (Defendants' First Privilege Log Vine, Esq. described this document as a "Memo re: Analysis of Plaintiffs' Administrative Claims")

Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Work Product; Matters of Plan administration G. Sandstrom, Attorney Client No merit to Defendants' claim of Esq. Privilege anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration No merit to Defendants' claim of anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn; Waiver of privilege, if any, by disclosure to Plan Actuary (K. Denlinger) and to low level employee (J. Payne)

31

10/9/2002

Denlinger (Doc. 225 Exh. D ¶ 46), O'Neill (Doc. 225, Exh. B ¶ 23, 26)

46

Email String re: Information re: Plaintiffs' Claims 10/9/2002 From H. O Neill, Esq. to C. Burnelko 10/9/2002 From C. Burnelko to H. O Neill, Esq., K. Mathis, M. Work Product; Gangone, M. Holic, J. Payne, S. See Description See Description Attorney Client Williams, K. Denlinger Privilege 9/25/2002 From H. O Neill, Esq. to K. Mathis, M. Gangone, M. Holic, C. Burnelko, J. Payne, S. Williams, K. Denlinger

Plaintiffs' s Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' appeal from denial of Plan claims: July 1, 2003 Defendants' response to Plantiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 5 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Reference in Supporting Declarations

Doc. No. on Defendants' First Privilege Logs

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Description of Sender

Defendants' Claim of Privilege

Summary of Plaintiffs' Reasons Why Document Should Be Produced

32

10/8/2002

Vine (Doc. 225, Exh. E ¶ 3, 5)

47

Email String re: Legal Evaluation of Plaintiffs' Claims re: Management Fees, Alleged Violations of 204(h), and For Penalties under 502(c) For Work Product; Purposes of Audit Letter See Description See Description Attorney Client Response Privilege 10/8/2002 From J. Vine, Esq. to K. Covert, Esq.; cc: M. Gangone, J. Huvelle, Esq., R. Shea, Esq. 10/8/2002 From K. Covert, Esq. to J. Vine, Esq.; cc: M. Gangone

Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration; No merit to Defendants' claim of anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn

33

9/12/2002

Sonnenschein (Doc. 225, Exh. J, ¶ 3)

52

Legal Memo re: Statute of Limitations Applicable to Plaintiffs' Claims

J. Huvelle, Esq., R. Shea, Esq., J. Vine, Esq.

Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; E. Work Product; Matters of Plan administration Sonnenschein, Attorney Client No merit to Defendants' claim of Esq. Privilege anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn

Plaintiffs' s Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' appeal from denial of Plan claims: July 1, 2003 Defendants' response to Plantiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 6 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Reference in Supporting Declarations

Doc. No. on Defendants' First Privilege Logs

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Description of Sender

Defendants' Claim of Privilege

Summary of Plaintiffs' Reasons Why Document Should Be Produced Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration No merit to Defendants' claim of anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration No merit to Defendants' claim of anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration; No merit to Defendants' claim of anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn

34

9/11/2002

Vine (Doc. 225, Exh. E ¶ 3,6), O'Neill (Doc. 225, Exh. B ¶ 23)

53

Email String re: Information Requested To Evaluate and Defend Against Litigation Over Plaintiffs' Administrative Claims Work Product; 9/11/2002 From J. Vine, Esq. to See Description See Description Attorney Client H. O Neill, Esq.; cc: J. Huvelle, Privilege Esq.; R. Shea, Esq.9/10/2002 From H. O Neill, Esq. to J. Vine, Esq. Email String re: Information Requested To Evaluate and Defend Against Litigation Over Plaintiffs' Administrative Claims Work Product; 9/11/2002 From J. Vine, Esq. to See Description See Description Attorney Client H. O Neill, Esq.; cc: J. Huvelle, Privilege Esq.; R. Shea, Esq.9/10/2002 From H. O Neill, Esq. to J. Vine, Esq. Email String re: Information Requested To Evaluate and Defend Against Litigation Over Plaintiffs' Administrative Claims Work Product; 9/11/2002 From J. Vine, Esq. to See Description See Description Attorney Client H. O Neill, Esq.; cc: J. Huvelle, Privilege Esq.; R. Shea, Esq. 9/10/2002 From H. O Neill, Esq. to J. Vine, Esq.

35

9/11/2002

Vine (Doc. 225, Exh. E ¶ 3,6), O'Neill (Doc. 225, Exh. B ¶ 23)

54

36

9/10/2002

Vine (Doc. 225, Exh. E ¶ 3,6), O'Neill (Doc. 225, Exh. B ¶ 23)

55

Plaintiffs' s Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' appeal from denial of Plan claims: July 1, 2003 Defendants' response to Plantiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 7 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Reference in Supporting Declarations

Doc. No. on Defendants' First Privilege Logs

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Description of Sender

Defendants' Claim of Privilege

Summary of Plaintiffs' Reasons Why Document Should Be Produced Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration; No merit to Defendants' claim of anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn

37

9/10/2002

Vine (Doc. 225, Exh. E ¶ 3,6), O'Neill (Doc. 225, Exh. B ¶ 23)

56

Email String re: Information Requested To Evaluate and Defend Against Litigation Over Plaintiffs' Administrative Claims Work Product; 9/11/2002 From J. Vine, Esq. to See Description See Description Attorney Client H. O Neill, Esq.; cc: J. Huvelle, Privilege Esq.; R. Shea, Esq. 9/10/2002 From H. O Neill, Esq. to J. Vine, Esq.

38

9/5/2002

Denlinger (Doc. 225, Exh. D ¶ 57), Vine (Doc. 225, Exh. E ¶ 3,7), O'Neill (Doc. 225, Exh. B ¶ 23)

57

Document predating decision on Plaintiffs' Plan appeal; Email String re: Potential Class Fiduciary exception applies; Action Lawsuit re: SBA Offset Matters of Plan administration 9/5/2002 From J. Vine, Esq. to J. No merit to Defendants' claim of Huvelle, Esq., R. Shea, Esq. Work Product; anticipated litigation as claims 9/4/2002 From H. O Neill, Esq. See Description See Description Attorney Client were still in process and some to J. Vine, Esq., K. Denlinger Privilege were resolved in Plaintiffs' favor 9/4/2002 From I. Abraham to J. or withdrawn; Vine, Esq., K.Denlinger; cc: H. Waiver of privilege by O Neill, Esq. disclosure to Plan Actuary (K. Denlinger) Legal Memo re: Plaintiff's Administrative Claims w/ R. Shea, Esq. s notes Legal Memo re: Summary of Plaintiffs' Administrative Claims and Copy of Same With R. Shea, Esq. s notes Document predating decision on Attorney Client Plaintiffs' Plan appeal; Privilege Fiduciary exception applies; Matters of Plan administration; Document predating decision on Attorney Client Plaintiffs' Plan appeal; Privilege Fiduciary exception applies; Matters of Plan administration;

39

8/23/2002

Vine (Doc. 225, Exh. E ¶ 3,8)

58

Honeywell

J. Vine, Esq.

40

8/22/2002

Vine (Doc. 225, Exh. E ¶ 3,9)

59

Honeywell

J. Vine, Esq.

Plaintiffs' s Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' appeal from denial of Plan claims: July 1, 2003 Defendants' response to Plantiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 8 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Reference in Supporting Declarations

Doc. No. on Defendants' First Privilege Logs

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Description of Sender

Defendants' Claim of Privilege

Summary of Plaintiffs' Reasons Why Document Should Be Produced

41

10/4/2001

O'Neill (Doc. 225, Exhibit B ¶ 26, 27)

64

Email String re: Potential Litigation With Retirees re: SBA Offset 10/4/2001 From H. O Neill, Esq. to M. Gangone Work Product; 10/3/2001 From K. Mathis to J. See Description See Description Attorney Client Greenman, Esq., K. Covert, Esq., Privilege H. O Neill, Esq.; cc: B. Marcotte 10/2/2001 From C. Chapman to B. Marcotte, K. Mathis, J. Payne, S. Yamasaki, A. Clarke, M. Rojas

Fiduciary Exception Applies -Matter of Plan administration; No merit to Defendants' claim of anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn; Waiver of privilege, if any, by providing it to low level (J. Payne) and "other Honeywell employees" (Doc. 225, Exh. B ¶ 27) Fiduciary Exception applies; Matter of Plan administration (authored by former Plan counsel at O'Melveny & Myers); No merit to Defendants' claim of anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn; Settlor Privilege, if any, waived by Honeywell's disclosure of documents to counsel (R. Shea) for the Plan handling Plaintiffs' claims

43

7/18/1989

No supporting declaration provided

68

Memo re: Compliance and Plan Amendments w/ R. Shea, Esq. s notes Maintained by Covington & Burling

N/A

W. Jacobsen, Esq.

Attorney Client Privilege, Work Product, Settlor Function Issue.

Plaintiffs' s Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' appeal from denial of Plan claims: July 1, 2003 Defendants' response to Plantiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 9 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Reference in Supporting Declarations

Doc. No. on Defendants' First Privilege Logs

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Description of Sender

Defendants' Claim of Privilege

Summary of Plaintiffs' Reasons Why Document Should Be Produced Fiduciary exception applies; Matters of Plan administration; (Plan was purportedly amended on February 4, 1984; this document created 10 days later must relate to administration); Settlor Privilege, if any, waived by providing it to low level employees (i.e , F. Morgan, identified as "Signal employee") and by Honeywell's disclosure of documents to counsel for the Plan handling Plaintiffs' claims Fiduciary exception applies; Matters of Plan administration; Settlor Privilege, if any, waived by Honeywell's disclosure of documents to counsel for the Plan handling Plaintiffs' claims

44

2/10/1984

No supporting declaration provided

70

Letter Enclosing Draft Retirement Plan For Comment

B. Arms, Esq.;R. Rauch;A. Garcia;M Stern, Esq.;D.Freundlic h; T. Wilburton; D. Duff, Esq.;K. Attorney Client W. Coffey;F. Ryan, Esq.; Privilege, Morgan;R. Debevoise & Settlor Function Barone;L. Plimpton Issue. Carbone;J. McLeod;D. Gordon,Esq.;G. Howland

45

10/28/1983

Gordon (Doc. 225, Exh.G ¶ 35)

71

Legal Memo re: Options For Restructuring the Garrett Severance Plan In Connection With Restructuring The Garrett Corp. Retirement Plan

Garrett

Attorney Client Privilege, D. Gordon, Esq. Settlor Function Issue.

46

6/15/1983

Gordon (Doc. 225, Exh.G ¶ 3,4)

72

Legal Memo re: Potential Amendments to the Garrett Severance Plan with Cover Letter

J. Milligan

Fiduciary exception applies; Matter of Plan administration; Settlor Privilege, if any, waived by disclosure of documents to Attorney Client "two actuaries who routinely Privilege, D. Gordon, Esq. worked with the Company on Settlor Function the Severance and Retirement Issue. Plans " (Gordon Decl. ¶ 4) and and by disclosure to counsel for the Plan handling Plaintiffs' claims

Plaintiffs' s Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' appeal from denial of Plan claims: July 1, 2003 Defendants' response to Plantiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 10 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Reference in Supporting Declarations

Doc. No. on Defendants' First Privilege Logs

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Description of Sender

Defendants' Claim of Privilege

Summary of Plaintiffs' Reasons Why Document Should Be Produced

47

undated

Shea (Doc. 225, Exhibit C ¶5, 7, 13)

73

Draft Legal Analysis of Plaintiffs' Claims And Defenses To Those Claims For Purposes of Litigation

N/A

R. Shea, Esq.

Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Work Product; Matters of Plan administration; Attorney Client No merit to Defendants' claim of Privilege anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Work Product; Matters of Plan administration; Attorney Client No merit to Defendants' claim of Privilege; anticipated litigation as claims Settlor Function were still in process and some were resolved in Plaintiffs' favor or withdrawn

48

undated

Shea (Doc. 225, Exhibit C ¶ 5, 7, 14)

74

Chart re: Amendments to Retirement and Severance Plans Maintained in Covington & Burling s Files

N/A

R. Shea, Esq.

50

undated

Sandstrom (Doc. 225, Exhibit H ¶ 4, 14)

77

51

undated

Sandstrom (Doc. 225, Exhibit H ¶ 4,5)

78

Legal Analysis of Plaintiffs' Administrative Claims with Covington & Burling attorney s notes, Maintained in Covington & Burling s Files Attorney Notes re: Legal Analysis of Response to Plaintiffs' Administrative Claims, Maintained in Covington & Burling s Files

N/A

Document predating decision on Covington & Attorney Client Plaintiffs' Plan appeal; Burling attorney Privilege Fiduciary exception applies; Matters of Plan administration Document predating decision on Covington & Attorney Client Plaintiffs' Plan appeal; Burling attorney Privilege Fiduciary exception applies; Matters of Plan administration

N/A

Plaintiffs' s Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' appeal from denial of Plan claims: July 1, 2003 Defendants' response to Plantiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 11 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Reference in Supporting Declarations Shea (Doc. 225, Exhibit C ¶ 5, 18, 25) Sandstrom (Doc. 225, Exh. H ¶ 3,4, 10)

Doc. No. on Defendants' First Privilege Logs

Defendants' Description of Document Legal Summary of Plaintiffs' Arguments In Administrative Appeal, Maintained in Covington & Burling s Files Notes re: Legal Analysis of Proposed Regulations and Relevant Provisions of the Retirement and Severance Plans, Maintained in Covington & Burling s Files Notes re: Legal Analysis of Plaintiffs' Administrative Appeal, Maintained in Covington & Burling s Files Notes re: Legal Analysis of Plaintiffs' Administrative Appeal, Maintained in Covington & Burling s Files Notes re: Legal Analysis of Plaintiffs' Claims re: Annuity Conversion Factor and Credited Interest Rate, Maintained in Covington & Burling s Files Draft Legal Analysis of Plaintiffs' Claims And Defenses To Those Claims For Purposes of Litigation with Covington & Burling attorney s notes, Maintained in Covington & Burling s Files

Defendants' Description of Recipient

Defendnts' Description of Sender

Defendants' Claim of Privilege

Summary of Plaintiffs' Reasons Why Document Should Be Produced

53

undated

82

N/A

Document predating decision on Covington & Attorney Client Plaintiffs' Plan appeal; Burling attorney Privilege Fiduciary exception applies; Matters of Plan administration Document predating decision on Covington & Attorney Client Plaintiffs' Plan appeal; Burling attorney Privilege Fiduciary exception applies; Matters of Plan administration Document predating decision on Covington & Attorney Client Plaintiffs' Plan appeal; Burling attorney Privilege Fiduciary exception applies; Matters of Plan administration Document predating decision on Covington & Attorney Client Plaintiffs' Plan appeal; Burling attorney Privilege Fiduciary exception applies; Matters of Plan administration Document predating decision on Covington & Attorney Client Plaintiffs' Plan appeal; Burling attorney Privilege Fiduciary exception applies; Matters of Plan administration

54

undated

83

N/A

55

undated

Sandstrom (Doc. 225, Exh. H ¶ 3,4,13) Sandstrom (Doc. 225, Exh. H ¶ 3,4,13) Shea (Doc. 225, Exhibit C ¶ 18,26

84

N/A

56

undated

85

N/A

57

undated

86

N/A

58

undated

Sandstrom (Doc. 225, Exh. H ¶ 3,4,11)

87

N/A

Document predating decision on Covington & Attorney Client Plaintiffs' Plan appeal; Burling attorney Privilege Fiduciary exception applies; Matters of Plan administration

Plaintiffs' s Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' appeal from denial of Plan claims: July 1, 2003 Defendants' response to Plantiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 12 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Reference in Supporting Declarations Shea(Doc. 225, Exhibit C ¶3,7, 17); O'Neill (Doc. 225, Exhibit B ¶ 23)

Doc. No. on Defendants' First Privilege Logs

Defendants' Description of Document Fax Attaching Letter from S. Martin, Esq., with Covington & Burling Attorney s Notes re: Legal Analysis of Claims and Defenses

Defendants' Description of Recipient

Defendnts' Description of Sender

Defendants' Claim of Privilege

Summary of Plaintiffs' Reasons Why Document Should Be Produced

66

8/12/2002

121

J. Vine, Esq.

Document predating decision on Attorney Client Plaintiffs' Plan appeal; H. O'Neill, Esq. Privilege Fiduciary exception applies; Matters of Plan administration

Plaintiffs' s Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' appeal from denial of Plan claims: July 1, 2003 Defendants' response to Plantiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 13 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Summary of Plaintiffs' Defendants' Claim of Description of Reasons Why Document Privilege Sender Should Be Produced Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration

68

11/27/2002

Letter re: Plaintiffs Claims, with Covington & Burling Attorney s Notes re: Legal Analysis of Claims and Defenses

H. O Neill, Esq. S. Martin, Esq.

Attorney Client Privilege

87

6/9/2003

Email String re: Documents Related to Legal Analysis re: Plaintiffs Claims 6/9/2003 From H. O Neill, Esq. To K. Denlinger 6/6/2003 From R. Shea, Esq. To H. O Neill, Esq.; cc: K. Covert, Esq.; J. Vine, Esq.; J. Huvelle, Esq.; and G. Sandstrom, Esq Email String re: Advice to Non-Fiduciaries Regarding and Response to Plaintiffs Administrative Claim and Attached Draft 1/20/2003 From H. O Neill, Esq. To R. Shea, Esq.; cc: G. Sandstrom, Esq.; J. Vine, Esq.; and K. Denlinger 1/16/2003 From H. O Neill, Esq. To K. Denlinger; cc: R. Shea, Esq. 1/16/2003 From R. Shea, Esq. To H. O Neill, Esq.; cc: G. Sandstrom, Esq.

See Description

See Description

Attorney Client Privilege

Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration

101

1/20/2003

See Description

See Description

Attorney Client Privilege

Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration; Waiver of privilege, if any, by disclsoure to Plan's actuary (K. Denlinger)

Plaintiffs' Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' Plan appeal from denial of claims: July 1, 2003 Defendants' response to Plaintiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 14 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Summary of Plaintiffs' Defendants' Claim of Description of Reasons Why Document Privilege Sender Should Be Produced Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration; Waiver of privilege, if any, by disclsoure to Plan's actuary (K. Denlinger)

102

1/16/2003

Email String re: Legal Analysis Of Calculations Used In Letter From Susan Martin, Esq. 1/16/2003 From K. Denlinger To H. O Neill, Esq. 12/4/2002 From H. O Neill, Esq. To M. Gangone; cc: K. Denlinger

See Description

See Description

Attorney Client Privilege

103

11/6/2002

Email String re: Information Requested By Covington & Burling re: Legal Analysis of Plaintiffs Claims 11/6/2002 From F. D Ariano To C. Burnelko; cc: H. O Neill, Esq.;C. Kitchell; K. Denlinger; and M. Gangone See Description 11/6/2002 From H. O Neill, Esq. To C. Burnelko; M. Holic; and C. Kitchell; cc: F. D Ariano; K. Denlinger; and M. Gangone 11/6/2002 From J. Vine, Esq. To H. O Neill, Esq.; cc: R. Shea, Esq. and J. Huvelle, Esq.

See Description

Attorney Client Privilege

Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration; Waiver of privilege, if any, by disclsoure to Plan's consultants actuaries (K. Denlinger, F. D'Ariano)

Plaintiffs' Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' Plan appeal from denial of claims: July 1, 2003 Defendants' response to Plaintiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 15 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Summary of Plaintiffs' Defendants' Claim of Description of Reasons Why Document Privilege Sender Should Be Produced Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration; Waiver of privilege, if any, by disclsoure to Plan's actuary (K. Denlinger)

104

9/30/2002

Email String re: Gathering Information In Response To Plaintiffs Claims 9/30/2002 From K. Denlinger To C. Burnelko; cc: H. O Neill, Esq.;M. Holic; and S. Williams 9/30/2002 From C. Burnelko To K. Denlinger; cc: H. O Neill, Esq.; S. Williams; and M. Holic

See Description

See Description

Attorney Client Privilege

Plaintiffs' Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' Plan appeal from denial of claims: July 1, 2003 Defendants' response to Plaintiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 16 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Summary of Plaintiffs' Defendants' Claim of Description of Reasons Why Document Privilege Sender Should Be Produced Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration; No merit to Defendants' claim of anticipated litigation as claims were still in process and some were resolved in Plaintiffs' favor or withdrawn; Waiver of privilege, if any, by disclosure to Plan Actuary (K. Denlinger) and to lower level employees (J. Payne) with no demonstration of need to receive documents to secure legal advice

105

9/26/2002

Email String re: Information Requested By Covington & Burling re: Legal Analysis of Plaintiffs SBA Claim and Potential Litigation With Plaintiffs 9/26/2002 From H. O Neill, Esq. To K. Denlinger; cc: K. Mathis; M. Gangone; M. Holic; and C. Burnelko 9/26/2002 From K. Denlinger To H. O Neill, Esq.; cc: K. Mathis; M. Gangone; M. Holic; C. Burnelko; J. Payne; and S. Williams 9/26/2002 From K. Denlinger To H. O Neill, Esq.; cc: C. Burnelko; J. Payne; K. Mathis; M. Gangone; M. Holic; and S. Williams 9/25/2002 From H. O Neill, Esq. To K. Mathis; M. Gangone; M. Holic; C. Burnelko; J. Payne; S. Williams; and K. Denlinger

See Description

See Description

Attorney Client Privilege; Work Product

Plaintiffs' Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' Plan appeal from denial of claims: July 1, 2003 Defendants' response to Plaintiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 17 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Summary of Plaintiffs' Defendants' Claim of Description of Reasons Why Document Privilege Sender Should Be Produced Document predating decision on Plaintiffs' Plan appeal; Fiduciary exception applies; Matters of Plan administration; No privilege available for documents authored by Plan Actuary (K. Denlinger) and disclosed to Hewitt Associates employees (B. Rigby) Fiduciary exception applies; Matters of Plan administration ; Privilege, if any, waived by Honeywell's disclosure of documents to attorneys for the Plan handling Plaintiffs' claims

106

8/5/2002

K. Covert, Esq.; cc: J. Greenman, Email re: Assessment of Participants Esq. and H. K. Denlinger Identified in Plaintiffs Administrative Claim O Neill, Esq.; bcc: B. Rigby

Attorney Client Privilege

107

5/7/1984

Legal Memo re: Potential Response to L. Six s Claims Regarding the SBA Offset calculation Attaching Draft Response to L. Six s Claim Regarding the SBA Offset

J. McLeod; J. Milligan

D. Gordon, Esq.

Attorney Client Privilege

Plaintiffs' Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' Plan appeal from denial of claims: July 1, 2003 Defendants' response to Plaintiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 18 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Summary of Plaintiffs' Defendants' Claim of Description of Reasons Why Document Privilege Sender Should Be Produced

108

4/24/2000

Email String re: Draft Communication To Employees re: Pension Choice 4/24/2000 From J. Greenman, Esq. To A. Clarke, Esq.; cc: C. Chapman and M. Rojas 4/20/2000 From A. Clarke, Esq. To J. Greenman, Esq. 4/19/2000 From C. Chapman To A. Clarke, Esq.; cc: M. Rojas 4/18/2000 From A. Clarke, Esq. To C. See Description Chapman 4/17/2000 From J. Greenman, Esq. To A. Clarke, Esq. and K. Covert, Esq. 4/17/2000 From A. Clarke, Esq. To J. Greenman, Esq. and K. Covert, Esq. 4/17/2000 From C. Chapman To A. Clarke, Esq.; cc: K. Mathis and M. Rojas 4/13/2000 From S. Himmele To C. Chapman; M. Rojas

See Description

Fiduciary exception applies Matters of Plan administration (communications to plan Attorney Client participants); Privilege, if Privilege; Document any, waived by is not responsive to the Honeywell's disclosure of Discovery Requests documents to attorneys for the Plan handling Plaintiffs' claims and disclosure to unidentified individuals (S. Himmele)

Plaintiffs' Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' Plan appeal from denial of claims: July 1, 2003 Defendants' response to Plaintiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 19 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Summary of Plaintiffs' Defendants' Claim of Description of Reasons Why Document Privilege Sender Should Be Produced Fiduciary exception applies; Matters of Plan administration (communications to plan participants); Privilege, if any, waived by Honeywell's disclosure of documents to attorneys for the Plan handling Plaintiffs' claims and disclosure to low level employees (M. Prokopik, J. Payne, D. Forbes) with no demonstration of need to receive documents to secure legal advice. Fiduciary exception applies Matters of Plan administration (communications to plan participants); Privilege, if any, waived by Honeywell's disclosure of documents to attorneys for the Plan handling Plaintiffs' claims

109

3/31/2000

Handwritten Notes re: Conference with A. Clarke, Esq., M. Prokopik, J. Payne, and D. Forbes re: Pension Choice

N/A

C. Chapman

Attorney Client Privilege

110

11/7/1995

J. Adair, Esq. and Email Requesting Legal Advice re: Attached J. Snethen; cc: C. Draft Communications To Employees re: O Connor; C. SBA Chapman; and J. Sabol

M. Rojas

Attorney Client Privilege

Plaintiffs' Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' Plan appeal from denial of claims: July 1, 2003 Defendants' response to Plaintiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 20 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Summary of Plaintiffs' Defendants' Claim of Description of Reasons Why Document Privilege Sender Should Be Produced Fiduciary exception applies; Matters of Plan administration (communications to participants about the Plan);Waiver of privilege, if any, by Honeywell's disclosure of documents to attorneys for the Plan handling Plaintiffs' claims and to lower level employees e.g., J. Payne, with no demonstration of need to receive documents to secure legal advice. Fiduciary exception applies; Matters of Plan administration (communications to participants about the Plan);Waiver of privilege, if any, by Honeywell's disclosure of documents to attorneys for the Plan handling Plaintiffs' claims

111

10/27/1995

Email String re: Draft Communication To Employees re: SBA Offset 10/27/1995 From T. Donovan To C. Chapman; M. O Keefe; and D. Shaw; cc: J. Payne; M. Rojas; J. Wigle, Esq.; and J. Sabol 10/26/1995 From C. Chapman To M. See Description O Keefe and D. Shaw; cc: T. Donovan; J. Payne; M. Rojas; J. Wigle, Esq.; and J. Sabol; 10/26/1995 From J. Adair, Esq. To C. Kitchell and C. Chapman 10/25/1995 From C. Poulin To J. Adair, Esq.; cc: R. Hawkins and C. Chapman

See Description

Attorney Client Privilege

112

10/25/1995

Email String re: Draft Communication To Employees re: SBA Offset 10/25/1995 From C. Chapman To C. Poulin; See Description cc: J. Adair, Esq.; J. Snethen; and R. Hawkins 10/25/1995 From C. Poulin To J. Adair, Esq.; cc: R. Hawkins; C. Chapman

See Description

Attorney Client Privilege

Plaintiffs' Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' Plan appeal from denial of claims: July 1, 2003 Defendants' response to Plaintiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 21 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Summary of Plaintiffs' Defendants' Claim of Description of Reasons Why Document Privilege Sender Should Be Produced Fiduciary exception applies; Matters of Plan administration (communications to participants about the Plan);Waiver of privilege, if any, by Honeywell's disclosure of documents to attorneys for the Plan handling Plaintiffs' claims Fiduciary exception applies; Matters of Plan administration (communications to participants about the Plan);Waiver of privilege, if any, by Honeywell's disclosure of documents to attorneys for the Plan handling Plaintiffs' claims and low level employees (J. Payne, T. Goulet)

113

10/19/1995

Email String re: Draft Communication To Employees re: SBA10/19/1995 From T. Donovan To J. Wigle, Esq.; cc: C. Chapman and M. Rojas10/18/1995 From J. Wigle, Esq. To T. Donovan and M. Rojas10/18/1995 From J. Adair, Esq. To J. Snethen and J. Wigle, Esq.

See Description

See Description

Attorney Client Privilege

114

10/17/1995

Fax of 10/17/1995 Email From M. Rojas to C. Chapman; T. Donovan; C. Foster; M. Nicholls; M. O Keefe; J. Payne; J. Wigle, Esq.; J. Sabol; D. Shaw; T. Goulet; and M. Arbolida Requesting Review and Comments on Draft Communication To Employees re: Of SBA and Including Draft With Handwritten Notes

M. Rojas

C. Chapman

Attorney Client Privilege

Plaintiffs' Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' Plan appeal from denial of claims: July 1, 2003 Defendants' response to Plaintiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 22 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Summary of Plaintiffs' Defendants' Claim of Description of Reasons Why Document Privilege Sender Should Be Produced Fiduciary exception applies; Matters of Plan administration (communications to participants about the Plan);Waiver of privilege, if any, by Honeywell's disclosure of documents to attorneys for the Plan handling Plaintiffs' claims Fiduciary exception applies; Matters of Plan administration (communications to participants about the Plan);Waiver of privilege, if any, by Honeywell's disclosure of documents to attorneys for the Plan handling Plaintiffs' claims and to low level employees (J. Payne)

115

2/5/1990

J. Adair, Esq.; D. Geist; and L. Memo Attaching Draft AlliedSignal Secured Senzon; cc: D. Benefit Plan Summary Description With Edwards; L. Handwritten Notes Miller; and C. Poulin

C. Carfano

Attorney Client Privilege

116

5/9/00 5/3/00; 4/24/00; 4/11/00

Drafts Of Communication To Employees re: July 2000 Amendment To Signal Retirement Plan s SBA Offset Calculation Including:5/9/2000 Draft5/3/2000 Email From C. Chapman to K. Mathis, M. Rojas, A. Clarke, Esq., and J. Payne re: 5/3/2000 Draft and Attached Draft4/24/2000 Draft With Handwritten Notes 4/11/2000 Draft

N/A

N/A

Attorney Client Privilege

Plaintiffs' Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' Plan appeal from denial of claims: July 1, 2003 Defendants' response to Plaintiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 23 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Summary of Plaintiffs' Defendants' Claim of Description of Reasons Why Document Privilege Sender Should Be Produced

117

4/16/2000

Email String re: Draft Communication to Employees re: July 2000 Amendment to Signal Retirement Plan4/16/2000 From J. Greenman, Esq. To A. Clarke, Esq.; B. Murphy; C. Chapman; K. Mathis; C. Burnelko; M. Rojas; J. Payne; S. Saperstein; and R. Harris4/16/2000 From A. Clarke, Esq. To J. Greenman, Esq.4/14/2000 From B. Murphy To C. Chapman; cc: A. Clarke, Esq.; K. Mathis; C. Burnelko; M. Rojas; J. Payne; S. Saperstein; and R. Harris4/13/2000 From C. Chapman To A. Clarke, Esq., K. Mathis; C. Burnelko; B. Murphy; cc: M. Rojas; J. Payne; and S. Saperstein

See Description

S. Martin, Esq.

Attorney Client Privilege

Fiduciary exception applies; Matters of Plan administration (communications to participants about the Plan);Waiver of privilege, if any, by Honeywell's disclosure of documents to attorneys for the Plan handling Plaintiffs' claims and to low level employees (J. Payne) Fiduciary exception applies; Matters of Plan administration (communications to participants about the Plan);Waiver of privilege, if any, by Honeywell's disclosure of documents to attorneys for the Plan handling Plaintiffs' claims and to low level employees (J. Payne)

118

4/14/2000

Email Attaching Draft of Communication to C. Chapman; K. Employees re: July 2000 Amendment to Mathis; M. Rojas; A. Clarke, Esq. Signal Retirement Plan s SBA Offset J. Payne; S. Calculation Saperstein

Attorney Client Privilege

Plaintiffs' Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' Plan appeal from denial of claims: July 1, 2003 Defendants' response to Plaintiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 24 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Summary of Plaintiffs' Defendants' Claim of Description of Reasons Why Document Privilege Sender Should Be Produced Fiduciary exception applies; Matters of Plan administration (communications to participants about the Plan);Waiver of privilege, if any, by Honeywell's disclosure of documents to attorneys for the Plan handling Plaintiffs' claims and to low level employees (J. Payne) Fiduciary exception applies; Matters of Plan administration (communications to participants about the Plan);Waiver of privilege, if any, by Honeywell's disclosure of documents to attorneys for the Plan handling Plaintiffs' claims and to low level employees (J. Payne)

119

4/14/2000

Email string re: Revisions to Draft of Communication to Employees re: July 2000 Plan Amendments Attaching Revised Draft Communication 4/13/2000 From C. Chapman to A. Clarke, Esq., K. Mathis, C. Burnelko and M. Murphy; cc: to M. Rojas, J. Payne, S. See Description Saperstein 4/13/2000 From C. Chapman to C. Chapman, A. Clarke, Esq., K. Mathis, C. Burnelko; cc: to M. Rojas, J. Payne, S. Saperstein 4/14/2000 from A. Clarke, Esq. to C. Chapman, K. Mathis, C. Burnelko, B. Murphy, M. Rojas, J. Payne, S. Saperstein Email String re: Draft Communication to Employees re: July 2000 Amendment to Signal Retirement Plan 4/14/2000 Email From C. Chapman to B. Murphy, S. Saperstein, K. Mathis, M. Rojas, and J. Payne 4/14/2000 Email From B. Murphy To C. See Description Chapman, A. Clarke, Esq., K. Mathis, C. Burnelko, M. Rojas, J. Payne, S. Saperstein, and R. Harris4/13/2000 Email From C. Chapman To A. Clarke, Esq., K. Mathis, C. Burnelko, B. Murphy, M. Rojas, J. Payne, and S. Saperstein

See Description

Attorney Client Privilege

120

4/14/2000

See Description

Attorney Client Privilege

Plaintiffs' Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' Plan appeal from denial of claims: July 1, 2003 Defendants' response to Plaintiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 25 of 26

Exhibit A to Plaintiffs' Renewed Motion to Compel Disclosure of Documents

Doc. No. on Defendants' Revised Privilege Log

Date of Document

Defendants' Description of Document

Defendants' Description of Recipient

Defendnts' Summary of Plaintiffs' Defendants' Claim of Description of Reasons Why Document Privilege Sender Should Be Produced Fiduciary exception applies; Matters of Plan administration (communications to participants about the Plan);Waiver of privilege, if any, by Honeywell's disclosure of documents to attorneys for the Plan

121

N/A

Draft of Communication to Employees re: July 2000 Amendment to Signal Retirement Plan With Comments of A. Clarke, Esq. and Handwritten Notes

N/A

N/A

Attorney Client Privilege

122

11/13/1995

Email String re: Draft Communication To J. Adair, Esq.; J. Employees re: Charging Administrative Fees Snethen; and C. to the SBA11/13/1995 From C. Chapman To Poulin; cc: C. D. Shaw, and M. O Keefe 11/13/1995 From Chapman and J. M. Rojas To J. Adair, Esq., J. Snethen, C. Sabol Poulin, C. Chapman, and J. Sabol

M. Rojas

Fiduciary exception applies; Matters of Plan Attorney Client administration Privilege; Document (communications to is not relevant to the participants about the Three Remaining Plan);Waiver of privilege, Claims if any, by Honeywell's disclosure of documents to attorneys for the Plan

Plaintiffs' Plan claims submitted: July 26, 2002 Defendants' response to Plaintiffs' Plan claims: January 24, 2003 Plaintiffs' Plan appeal from denial of claims: July 1, 2003 Defendants' response to Plaintiffs' Plan appeal: October 29, 2003

Case 2:04-cv-00424-ROS

Document 332-3

Filed 12/04/2007

Page 26 of 26