Free Other Notice - District Court of Arizona - Arizona

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SUSAN MARTIN (AZ#014226) DANIEL L. BONNETT (AZ#014127) JENNIFER KROLL (AZ#019859) MARTIN & BONNETT, P.L.L.C. 3300 N. Central Avenue, Suite 1720 Phoenix, Arizona 85012-2517 Telephone: (602) 240-6900 [email protected] [email protected] [email protected] Attorneys for Plaintiffs

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, 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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. CV04-0424 PHX ROS

PLAINTIFFS NOTICE OF FILING THIRD REVISED PROPOSED SCHEDULING ORDER

In accordance with the Court s Order dated October 4, 2006, (Doc. 242), Plaintiffs and Defendants filed a Proposed Scheduling Order on October 10, 2006. Plaintiffs filed revised Proposed Scheduling Orders modifying certain dates on November 28, 2006, (Doc. 246), and December 1, 2006. (Doc. 258.) In the Proposed Scheduling Order, Plaintiffs proposed that their expert report be due on February 15, 2007. However, on December 19, 2006 and January 16, 2007,

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Defendants identified for the first time an additional 2,500 class members. Defendants have not yet provided any benefits information from which Plaintiffs experts can calculate damages with respect to these class members although Defendants have advised that they will produce the information in the near future. Additionally, in an effort to confirm the methodology and data used by Plaintiffs experts in advance of filing the expert disclosure, on November 15, 2006, Plaintiffs noticed depositions of the Defendants pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure. Defendants objected to Plaintiffs Rule 30(b)(6) deposition notices, claiming, inter alia, that they needed to conduct interviews with certain class members in order to prepare for the depositions and testify. As a result of ongoing efforts to resolve this discovery dispute, Plaintiffs agreed to Defendants request that the Rule 30(b)(6) depositions be rescheduled. In the interim, Plaintiffs have tentatively agreed to permit Defendants to conduct interviews with certain class members that Defendants have identified by name, title or position on condition that these class members are notified of their rights, including the right to have Class Counsel or their own attorney present during an interview and the right to refuse an interview altogether. The parties are attempting to finalize their agreement regarding the interviews and the text of a letter that will be sent to each identified class member. Assuming an agreement is reached, Plaintiffs have agreed that Defendants may have until the date of the rescheduled depositions to conduct their interviews. To provide a reasonable time for Defendants to conduct these interviews, the parties have agreed that the Rule 30(b)(6) depositions will take place on April 16,17, 19 and 20, 2007, and, if necessary, continued on May 2 and May 3, 2007. Accordingly, Plaintiffs are submitting a Third Revised Proposed Scheduling Order, attached hereto, which adjusts the dates proposed by Plaintiffs with respect to the expert disclosure deadlines and various other deadlines.
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Respectfully submitted this 14th day of February, 2007. MARTIN & BONNETT, P.L.L.C. By: s/Susan Martin Susan Martin Daniel L. Bonnett Jennifer L. Kroll 3300 North Central Avenue, Suite 1720 Phoenix, AZ 85012-2517 (602) 240-6900 Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE I hereby certify that on February 14, 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: David B. Rosenbaum Dawn L. Dauphine Osborn Maledon, P.A. 2929 North Central Ave., Suite 2100 Phoenix, AZ 85012-2794 and Michael Banks William Delaney John G. Ferreira. Azeez Hayne. Morgan Lewis & Bockius LLP 1701 Market Street Philadelphia, PA 19103 Amy Covert Proskauer Rose LLP One Newark Center, 18th Floor Newark , NJ 07102-5211 Howard Shapiro Proskauer Rose, LLP 909 Poydras St., Suite 1100 New Orleans, LA 70112 Attorneys for the Defendants s/T.Mahabir

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