Free Other Notice - District Court of Arizona - Arizona

OSBORN MALEDON
A PR O FESSI O NA L A SSO CIA TI O N A T T O R N E Y S A T LA W

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The Phoenix Plaza 21st 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 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] Attorneys for Defendants 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,
Case 2:04-cv-00424-ROS Document 292 Filed 04/16/2007 Page 1 of 5

No. CV04-0424 PHX ROS

FIRST NOTICE OF DISCOVERY AND SETTLEMENT

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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.

Pursuant to the Court's Rule 16 Scheduling Order, the parties hereby jointly submit this First Notice of Discovery and Settlement. The parties have engaged in, and are continuing to engage in, significant mediation efforts. To assist with the mediation efforts, the parties have jointly retained two mediators, one of whom has significant expertise and success in litigation mediation and the other of whom has specialized expertise in ERISA matters. The parties have participated, both jointly and separately, in several day-long meetings with the two mediators, most recently completing a two-day session in Phoenix on April 4 and 5, 2007. Based on the discussions at these mediation sessions, the parties have agreed to continue mediation efforts and have scheduled additional mediation sessions for April 19 and May 3. The parties have also taken extensive discovery. Defendants previously took the depositions of the named Plaintiffs for the limited purpose of opposing class certification. The parties had also scheduled several Rule 30(b)(6) depositions of Defendants, but have agreed to use the previously scheduled deposition dates for additional mediation and settlement sessions and agreed to postpone the depositions until after the May 3 mediation session. The parties are currently working to reschedule the 30(b)(6) depositions and other depositions noticed by Plaintiffs for May 15 - 17, and will be discussing other dates subject to witness availability. Plaintiffs also served Rule 45 subpoenas on three non-parties.

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Additionally, Plaintiffs served two sets of interrogatories and four sets of requests for production of documents on Defendants. Defendants responded to these written discovery requests and produced over 1.5 million pages of documents. The parties have certain disagreements regarding the discovery produced by Defendants. One of those disputes concerns the assertion of attorney-client privilege. A motion addressed to this issue (Doc. 234) is currently sub judice. Based on additional documents and privilege logs produced, Plaintiffs have notified Defendants that there are additional disputes and the parties are undertaking a good faith effort to resolve those disputes before bringing them to the Court's attention. Defendants served a set of requests for production of documents and a set of interrogatories on the named Plaintiffs. Plaintiffs responded to Defendants' document requests, and still have additional time to respond to Defendants' interrogatories. In addition, Defendants requested leave to send a questionnaire to the class members along with the class notice. The Court has not yet ruled on Defendants' request. Respectfully submitted this 16th day of April, 2007. OSBORN MALEDON, P.A. By: /s/David B. Rosenbaum David B. Rosenbaum Dawn L. Dauphine Osborn Maledon, P.A. 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 Attorneys for Defendants
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By: /s/Susan Martin, with permission 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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CERTIFICATE OF SERVICE I do certify that on April 16, 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 all CM/ECF registrants.

s/Kelly Dourlein
1593163 v1

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