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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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] Howard Shapiro, Pro Hac Vice PROSKAUER ROSE LLP 909 Poydras Street, Suite 1100 New Orleans, LA 70112-4017 Telephone: (504) 310-4088 [email protected]

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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, ) ) ) ) ) ) ) ) ) No. CV04-00424 PHX ROS JOINT REPORT ON SETTLEMENT AND STIPULATION TO MODIFY SCHEDULE

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vs.
28 Case 2:04-cv-00424-ROS Document 297

Filed 06/21/2007

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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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In its May 24, 2007 Order (Dkt. 296), the Court ordered that the parties submit by June 22, 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 of their joint report if they had not settled. As explained below, because they remain engaged in serious settlement discussions, the parties jointly move and stipulate that they be permitted to submit another joint report in one week, on June 29, 2007, rather than a new proposed Rule 16 scheduling order, to allow ongoing settlement discussions to run their course. If by June 29, 2007, the parties have not reached agreement, they ask that they be permitted to file a new proposed Rule 16 scheduling order within ten days of their joint report. I. JOINT REPORT ON STATUS OF SETTLEMENT

As previously reported to the Court (see Dkts. 292 and 295), the parties have been engaged in serious mediation efforts. The parties jointly retained two mediators, one with expertise in litigation mediation and the other with specialized expertise in ERISA matters. They engaged in six days of joint and separate mediation sessions, as well as phone calls and written communications. Since the parties' last written submission to the Court on May 21, 2007 (Dkt. 295), they have held another face-to face settlement meeting in Phoenix, have held several telephone negotiating sessions, and have exchanged multiple written settlement proposals. Serious negotiations continue, and they appear to be reaching a head. The parties hope and expect that by June 29 they should know whether an agreement can be reached.
Document 297 2 Filed 06/21/2007 Page 2 of 4

Case 2:04-cv-00424-ROS

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II.

JOINT MOTION TO MODIFY SCHEDULE

To allow the parties time to complete their negotiations, they request that the Court postpone by one week the current deadline for submission of a new proposed Rule 16 scheduling order. Specifically, they ask that the Court enter an order requiring that the parties (1) submit either a notice of settlement or a joint report on the status of settlement discussions on or before June 29, 2007 and (2) file a new proposed Rule 16 scheduling order within ten days after filing a joint report indicating that no settlement has been reached. Respectfully submitted this 21st day of June, 2007. MARTIN AND BONNETT By: s/ Jennifer Kroll Susan Martin Daniel L. Bonnett Jennifer Kroll 3300 N. Central Ave., Suite 1720 Phoenix, Arizona 85012 Attorneys for Plaintiffs 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] Amy Covert PROSKAUER ROSE LLP One Newark Center, 18th Floor Newark, N.J. 07102-5211 Attorneys for Defendants 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

Case 2:04-cv-00424-ROS

Document 297 3 Filed 06/21/2007

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1654203_1

CERTIFICATE OF SERVICE I do certify that on June 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. 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_

Document 297 4 Filed 06/21/2007

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