Free Declaration - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11

David 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 John G. Ferreira, Pro Hac Vice MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103 Telephone: (215) 963-5000 [email protected] [email protected] [email protected] [email protected] Attorneys for Defendants

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Case 2:04-cv-00424-ROS Document 189 Filed 06/30/2006 Page 1 of 4 1.

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. Case No. CV04-0424 PHX ROS

DECLARATION OF DAWN L. DAUPHINE IN SUPPORT OF DEFENDANTS' SUPPLEMENTAL OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

I, Dawn L. Dauphine, do declare pursuant to 28 U.S.C. § 1746 as follows: I am an attorney with Osborn Maledon, P.A., counsel for the Defendants in the above-captioned action. I submit this declaration to the best of my knowledge and

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 13. 12. 11. 10. 9. 8. 7. 6. 5. 4. 3. 2.

belief in connection with Defendants' Supplemental Opposition to Plaintiffs' Motion for Class Certification. Attached as Exhibit 1 to this Declaration is a true and correct copy of Defendants' Memorandum of Law in Support of Their Motion for Summary Judgment filed in the District Court for the District of Arizona in the case of Loewy v. Retirement Committee, et al., CV-03-2284-PHX-FJM. Attached as Exhibit 2 to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 11, bearing production numbers HW02344-2357. Attached as Exhibit 3 to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 18, bearing production numbers BA0619-628. Attached as Exhibit 4 to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 21, bearing production number BA0647. Attached as Exhibit 5 to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 22, bearing production number BA0328. Attached as Exhibit 6 to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 26, bearing production numbers BA0754-766. Attached as Exhibit 7 to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 31, bearing production numbers BA0167-0188. Attached as Exhibit 8 to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 32, bearing production numbers BA0845-0870. Attached as Exhibit 9 to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 58, bearing production numbers RD0029-30. Attached as Exhibit 10 to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 59, bearing production number RD0003. Attached as Exhibit 11 to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 61, bearing production numbers RD0032-33. Attached as Exhibit 12 to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 67, bearing production numbers RS0748-0766.
2 Case 2:04-cv-00424-ROS Document 189 Filed 06/30/2006 Page 2 of 4

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

14.

Attached as Exhibit 13 to this Declaration is a true and correct copy of excerpts of the deposition of Barbara Ann Allen in this matter.

15.

Attached as Exhibit 14 to this Declaration is a true and correct copy of a letter dated October 24, 1985, from "CASEY" to Edward L. Hennessy, Jr., attaching signed petitions.

16.

Attached as Exhibit 15 to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 12, bearing production numbers BA0689-0709.

17.

Attached as Exhibit 16 to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 14, bearing production numbers BA0710-0727.

18.

Attached as Exhibit 17 to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 15.

19.

Attached as Exhibit 18 to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 62.

20.

Attached as Exhibit 19 to this Declaration is a true and correct copy of a letter from Harry J. J. O'Neill to Susan Martin, Esq., dated August 20, 2002. I hereby declare that, to the best of my knowledge based upon information that has

been made available to me, the foregoing is true and correct. Dated: June 30, 2006. OSBORN MALEDON P.A.

By s/Dawn L. Dauphine DAWN L. DAUPHINE Attorney for Defendants

3 Case 2:04-cv-00424-ROS Document 189 Filed 06/30/2006 Page 3 of 4

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

CERTIFICATE OF SERVICE I do certify that on June 30, 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/Ann E. Blacketer Ann E. Blacketer

4 Case 2:04-cv-00424-ROS Document 189 Filed 06/30/2006 Page 4 of 4