Free Stipulation - District Court of Arizona - Arizona

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The Phoenix Plaza 21 st Floor 2929 North Central Avenue Phoenix, Arizona 85012-2793 P.O. Box 36379 Phoenix, Arizona 85067-6379 Telephone Facsimile 602.640.9000 602.640.9050

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Susan Martin, Atty, No. 014226 Daniel L. Bonnett, Atty. No. 014127 Jennifer Kroll, Atty, No. 019859 Martin & Bonnett, P.L.L.C. 3300 North Central Avenue, Suite 1720 Phoenix, AZ 85012-2517 Telephone: (602) 240-6900 [email protected] [email protected] [email protected] Attorneys for Plaintiffs

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Howard Shapiro, Pro Hac Vice PROSKAUER ROSE LLP 909 Poydras Street, Suite 1100 New Orleans, LA 70112-4017 Telephone: (504) 310-4088 [email protected] Attorneys for Defendants David B. Rosenbaum, Atty. No. 009819 Dawn L. Dauphine, Atty. No. 010833 OSBORN MALEDON, P.A. 2929 North Central Avenue, Suite 2100 Phoenix, AZ 85012-2794 Telephone: (602) 640-9000 [email protected] [email protected] Michael L. Banks, pro hac vice William J. Delany, pro hac vice Azeez Hayne, pro hac vice MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103 Telephone: (215) 963-5000 [email protected] [email protected] [email protected]

IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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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.
Document 299

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No. CV04-00424 PHX ROS JOINT REPORT ON SETTLEMENT AND STIPULATED JOINT MOTION TO MODIFY SCHEDULE

Case 2:04-cv-00424-ROS

Filed 06/29/2007

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Honeywell Retirement Earnings Plan, Honeywell Secured Benefit Plan, Plan Administrator of Honeywell Retirement Earnings Plan, and Plan Administrator of Honeywell Secured Benefit Plan, Defendants.

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On June 22, 2007, the Court entered an Order (Dkt. 298) providing that the parties are to submit by June 29, 2007, either a notice of settlement or a joint report on the status of settlement discussions. The Court further ordered that the parties should file a new proposed Rule 16 scheduling order within ten days after filing a joint report indicating that no settlement has been reached. As explained below, the parties hereby notify the Court that they have reached a tentative partial settlement on several issues in this case. Accordingly, the parties stipulate and jointly move to modify the schedule as set forth below. I. JOINT REPORT ON STATUS OF SETTLEMENT

As previously reported to the Court, the parties have been engaged in serious mediation efforts. Since the parties' last written submission to the Court, the parties have worked diligently and have reached a tentative partial settlement addressing several of the issues in this case. The parties, however, have not had sufficient time to draft a Term Sheet or final settlement documentation. They anticipate that they will draft and execute a Term Sheet no later than July 9, 2007. They further anticipate that they will file final settlement documentation and an application for preliminary settlement approval by July 27, 2007. Because the tentative settlement will not resolve all of the issues in this case, the parties anticipate that, by July 27, 2007, they also will file with the Court a proposed schedule for addressing the remaining issues not addressed by the partial settlement. The parties have engaged in good faith settlement negotiations and will continue to work diligently to finalize the tentative partial settlement. In the
Document 299 2 Filed 06/29/2007 Page 2 of 4

Case 2:04-cv-00424-ROS

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unanticipated event that the tentative settlement cannot be finalized, the parties will promptly notify the Court and file a proposed Joint Scheduling Order within ten days of such notification. II. JOINT MOTION TO MODIFY SCHEDULE

Although they have reached a tentative partial settlement on certain issues in this case, the parties need additional time to draft and execute a Term Sheet and settlement documents. Accordingly, the parties jointly move and stipulate that they be permitted (1) to proceed with documenting and executing a Term Sheet by July 9, 2007, and to provide a settlement status report to the Court by that date; and (2) to file by July 27, 2007, an application for preliminary approval of a settlement agreement, the final settlement documentation, and proposed schedule addressing the remaining, unsettled issues, and the timing of the settlement proceedings. The parties further stipulate that, if at any time it appears that the anticipated settlement cannot be finalized, then the parties will promptly notify the Court and will, within ten days of such notification, file a proposed Joint Scheduling Order. Respectfully submitted this 29th day of June, 2007. MARTIN AND BONNETT By: s/ Susan Martin Susan Martin Daniel L. Bonnett Jennifer Kroll 3300 N. Central Ave., Suite 1720 Phoenix, Arizona 85012 Attorneys for Plaintiffs OSBORN MALEDON, P.A. By: s/David B. Rosenbaum David B. Rosenbaum Dawn L. Dauphine 2929 North Central Avenue Suite 2100 Phoenix, AZ 85012-2794 Michael L. Banks (Pro Hac Vice) William J. Delany (Pro Hac Vice) Azeez Hayne (Pro Hac Vice) MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103 Howard Shapiro, Pro Hac Vice PROSKAUER ROSE LLP 909 Poydras Street, Suite 1100 New Orleans, LA 70112-4017 Telephone: (504) 310-4088 [email protected]
Document 299 3 Filed 06/29/2007 Page 3 of 4

Case 2:04-cv-00424-ROS

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Amy Covert PROSKAUER ROSE LLP One Newark Center, 18th Floor Newark, N.J. 07102-5211 Attorneys for Defendants

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1662807_1

CERTIFICATE OF SERVICE I do certify that on June 29, 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. Susan Martin Daniel L. Bonnett Jennifer Kroll 3300 N. Central Avenue, Suite 1720 Phoenix, Arizona 85012 Michael Banks William Delaney Azeez Hayne Morgan Lewis & Bockius LLP 1701 Market Street Philadelphia, PA 19103 Amy Covert Proskauer Rose, LLP th One Newark Center, 18 Floor Newark, NJ 07102-5211 Howard Shapiro Proskauer Rose, LLP 909 Poydras Street, Suite 1100 New Orleans, LA 70112 Upon receipt of the Notice of Electronic Filing, a copy of the attached document and Notice of Electronic Filing will be e-mailed to the Honorable Roslyn O. Silver. s/Kelly Dourlein_