Free Other Notice - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

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] 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, 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

NOTICE OF SUBSTITUTION OF EXHIBITS TO REDACT CONFIDENTIAL INFORMATION -ANDNOTICE OF ERRATA -ANDNOTICE OF FILING MOTION TO FILE EXHIBITS UNDER SEAL

23 24 25 26 27 28

Case 2:04-cv-00424-ROS

Document 199

Filed 07/07/2006

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

On June 30, 2006, Defendants filed their Supplemental Brief in Opposition to Plaintiffs' Motion for Class Certification. Attached to the filing were seven Declarations, including the Declarations of Cindy Burnelko (Doc. #187), Dawn Dauphine (Doc. #189), Marie Gangone (Doc. #190) and Connie Zeller (Doc. #193). Exhibit 2 to the Burnelko Declaration, Exhibit C to the Gangone Declaration, and Exhibit 1 to the Dauphine Declaration were inadvertently omitted from the filing. Additionally, some of the filed exhibits to these Declarations (specifically, Exhibits A, B, and C to the Zeller Declaration, Exhibit B to the Gangone Declaration, and Exhibits 2-6, 9-12, and 15-18 to the Dauphine Declaration) were inadvertently filed containing confidential information that must be redacted under General Order 04-26. Finally, some of the exhibits to these Declarations contain confidential benefit calculations that should be filed under seal in accordance with the Confidentiality Order signed by the Court on November 9, 2005. Specifically, Defendants are, this same date, filing a Motion to File Under Seal the following: (1) Exhibit 2 to the Burnelko Declaration, because it contains individual benefit calculations; and (2) Exhibits A, B, and C to the Zeller Declaration, because they contain individual benefit calculations. Accordingly, Defendants wish to file the inadvertently omitted exhibits and to replace un-redacted exhibits with redacted versions of the exhibits, and move to file certain exhibits designated as confidential under seal, as follows: Docket Entry Docket Entry 187 Document Declaration of Cindy Burnelko Mode of New Filing Hereby submit Exhibit 1 (in place of formerly filed Exhibit A). Moving to file Exhibit 2 under seal. Hereby submit Exhibits 1 thru 19 as redacted Hereby submit Exhibits A, B, and C as redacted

Docket Entry 189 Docket Entry 190

Declaration of Dawn Dauphine Declaration of Marie Gangone

27 28 1 Case 2:04-cv-00424-ROS
1303497/253,103

Document 199

Filed 07/07/2006

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Docket Entry 193

Declaration of Connie Zeller

Moving to file Exhibits A, B and C under seal.

Respectfully submitted this 7th day of July, 2006. 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 Attorneys for Defendants CERTIFICATE OF SERVICE I do certify that on July 7, 2006, 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 Martin & Bonnett P.L.L.C. 3300 N. Central Avenue, Suite 1720 Phoenix, Arizona 85012-2517 Attorney for Plaintiff s/ David B. Rosenbaum David B. Rosenbaum

2 Case 2:04-cv-00424-ROS
1303497/253,103

Document 199

Filed 07/07/2006

Page 3 of 3