Free Statement - District Court of Arizona - Arizona

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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

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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. CV04-0424 PHX ROS
CERTIFICATION REGARDING COMPLIANCE WITH LR CIV. 7.2(J) AND

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JOINT SUBMISSION REGARDING OUTSTANDING ISSUES FOR JUNE 16, 2006 CONFERENCE

vs.
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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.

Case 2:04-cv-00424-ROS

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CERTIFICATION Pursuant to Local Rule 7.2(j) and Fed. R. Civ. Pro. 16, the undersigned counsel confirm that they personally consulted and made sincere efforts to resolve all discovery issues. Date: June 15, 2006 MARTIN & BONNETT, PLLC BY: /s/ Susan Martin MORGAN, LEWIS & BOCKIUS LLP BY /s/ William J. Delany

Susan Martin Daniel L. Bonnett Jennifer Kroll 3300 N. Central Ave., Suite 1720 Phoenix, AZ 85012-2517

Michael L. Banks (Pro Hac Vice) William J. Delany (Pro Hac Vice) Amy Promislo Covert(Pro Hac Vice) Azeez Hayne (Pro Hac Vice) 1701 Market Street Philadelphia, PA 19103 Attorneys for Defendants

Attorneys for Plaintiffs

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Plaintiffs' Statement on Status of Matters Currently Before the Court
1. Plaintiffs' Motion for Class Certification This motion is now fully briefed and ready for oral argument and /or decision. Plaintiffs are prepared to address the motion at the June 16, 2006 conference. 2. Plaintiffs' Request for Protective Order on Proposed Discovery of Absent Class Members The Court's ruling on class certification is likely to set parameters on Defendants' claimed affirmative defenses and may make this discovery ruling and Defendants' proposed discovery unnecessary. If, following the ruling on class certification, Defendants believe they should be permitted absent class member discovery, the issues can be addressed at that time. 3. Defendants' Obligation to Respond to Plaintiffs' Discovery Regarding All Class Members Because Plaintiffs determined this discovery was not essential to their ability to file a reply and the Court's ruling on the motion for class certification may make this discovery unnecessary, Plaintiffs do not object if Defendants defer compliance with the order directing Defendants to produce putative class member discovery relating to Defendants' alleged affirmative defenses until the Court's ruling on class certification. 4. Proposed Interim Rule 16 Scheduling Order Plaintiffs believe entry of a full Scheduling Order is now appropriate.

5. Discovery Dispute Regarding Privilege This is scheduled for the June 16, 2006 conference and the parties are filing a joint statement.

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Defendants' Statement Presently before the Court are (1) the parties' competing proposed Rule 16 scheduling orders (Doc. #s 157-59, 161), (2) Plaintiffs' motion for a protective order (Doc. # 162), and (3) Plaintiffs' motion to compel privileged documents allegedly within the "fiduciary exception" (filed today). Despite Plaintiffs' assertions, the motion for class certification is not fully briefed or ready for argument and decision. Motion for Class Certification: On April 13, the Court set forth a schedule authorizing Defendants to take discovery from a subset of putative class members, followed by supplemental briefing, and oral argument. (Apr. 14 Tr. at 52.) Plaintiffs have refused Defendants the authorized discovery, and attempted to preempt this schedule by filing an early reply brief. The motion is not fully briefed or ready for argument. Defendants are entitled to the discovery the Court authorized, followed by an opportunity to supplement the briefing and the record before the motion is argued or decided. Proposed Rule 16 Orders: The parties submitted competing proposed Rule 16 orders, and fully briefed their disputes over these proposed orders. (Doc. #s 157-59, 161). Defendants' proposed Rule 16 order does not require any modification. Motion for a Protective Order: On April 13, the Court authorized Defendants to take discovery from a subset of putative class members. Defendants propounded written discovery to Plaintiffs, and Plaintiffs moved for a protective order regarding some of these requests. The parties described their disputes in a previous submission. (Doc. # 162.) Privilege Dispute: Plaintiffs moved to compel production of privileged documents that allegedly fall within the "fiduciary exception." The parties described this dispute in a Joint Statement filed today.

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Respectfully submitted this 15th day of June, 2006. MARTIN & BONNETT, PLLC BY: /s Susan Martin MORGAN, LEWIS & BOCKIUS LLP BY /s William J. Delany

Susan Martin Daniel L. Bonnett Jennifer Kroll 3300 N. Central Ave., Suite 1720 Phoenix, AZ 85012-2517

Michael L. Banks (Pro Hac Vice) William J. Delany (Pro Hac Vice) Amy Promislo Covert(Pro Hac Vice) Azeez Hayne (Pro Hac Vice) 1701 Market Street Philadelphia, PA 19103 Attorneys for Defendants

Attorneys for Plaintiffs

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