Free Motion to Amend/Correct - District Court of Arizona - Arizona

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, No. CV04-0424 PHX ROS 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. JOINT PROPOSED ORDER AMENDING CLASS CERTIFICATION

AND NOW, upon consideration of the Joint Motion To Amend The Order Certifying The Class, the Court makes the following findings of fact and conclusions of law and orders that: 1. This Order incorporates by reference the definitions in the Class

Action Partial Settlement Agreement (the Agreement ), and unless otherwise stated, all initially capitalized terms shall have the same meanings set forth in the

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Agreement. 2. The Court s September 6, 2006 Order certifying a class, (Dkt. No.

226), is vacated; 3. The proposed Settlement Class is so numerous that joinder of all

members is impracticable; 4. There are questions of law and fact common to the proposed

Settlement Class; 5. The claims and defenses of Barbara Allen, Richard Dippold, Melvin

Jones, Donald McCarty, Richard Scates and Walter G. West ( Plaintiffs ) are typical of the claims and defenses of the proposed Settlement Class; 6. Plaintiffs will fairly and adequately protect the interests of the

proposed Settlement Class; 7. The prosecution of separate actions by individual members of the

proposed Settlement Class would create the risk of (1) inconsistent or varying adjudications with respect to individual members of the proposed Settlement Class which would establish incompatible standards of conduct for the Honeywell Retirement Earnings Plan, the Honeywell Secured Benefit Plan, the Plan Administrator of the Honeywell Retirement Earnings Plan, and the Plan Administrator of the Honeywell Secured Benefit Plan ( Defendants ) and (2) such adjudications would as a practical matter be dispositive of or substantially impair the interests of the other members of the proposed Settlement Class; 8. Defendants have acted or refused to act on grounds generally

applicable to the proposed Settlement Class, making final injunctive and/or declaratory relief with respect to the proposed Settlement Class as a whole appropriate should the Plaintiffs prove their claims on the merits; 9. The Court, therefore, certifies pursuant to Federal Rules of Civil

Procedure 23(a)(1)-(4) and 23(b)(1), (2) the Settlement Class, consisting of the
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following individuals: the group of persons consisting of every Participant and SBA Participant and every derivative claimant of a Participant or SBA Participant. For this purpose, the derivative claimants of a Participant and SBA Participant include, without limitation, any spouse, domestic partner, civil union partner, child, representative, heir, administrator, beneficiary, alternate payee, executor, conservator, attorney, and/or assign of a Participant and SBA Participant. These derivative claimants are limited to the rights of and are subject to the defenses applicable against the Participant and SBA Participant from whom their claim derives. 10. The law firm of Martin & Bonnett, P.L.L.C. is appointed as class

counsel pursuant to Rule 23(g) to represent the Settlement Class; 11. Named Plaintiffs are appointed as the named class representatives for

the Settlement Class; and 12. Notice shall be provided to the Settlement Class as set forth in the

Agreement. (Dkt. No. 312, Exhibit A.)

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