Free Declaration - 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 23 24 25 26 27 28

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 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 DECLARATION OF SUSAN MARTIN

Pursuant to 28 U.S.C. § 1746, Susan Martin affirms under penalty of perjury: 1. I am an attorney for the Plaintiffs in the above entitled action. I have

reviewed and am fully familiar with the file in this case. I am of legal age, under no legal disability and if called as a witness could competently testify to the matters set forth herein from my own personal knowledge. 2. On June 15, 2001, this firm sent a request for plan documents. That

request is attached to the Affidavit of Marie Gangone, (Doc. 33), as Exhibit 1. 3. Plaintiffs have also served discovery on Defendants in this litigation.

Plaintiffs Request for Production No. 1, which was served on July 25, 2005, sought

Case 2:04-cv-00424-ROS

Document 167

Filed 06/12/2006

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 27 28

[a]ll data and documents used to calculate retirement benefits for each putative class member. A copy of Plaintiffs requests for production is attached hereto as Exhibit B. Because they must be read in conjunction with Plaintiffs interrogatories, a copy of the interrogatories is attached hereto as Exhibit C. 4. On November 20, 2002, this firm received a letter from Harry J.J.

O Neill, Assistant General Counsel, Honeywell International, Inc. on behalf of the plan administrator dated November 19, 2002. This letter in a footnote claimed it was not clear that the plan administrator was required to provide plan documents to an attorney representing a plan participant. The letter also stated that the plan

administrator had not found Exhibit B, referenced in the Garrett Retirement Plan benefit formulas, but that it had found a signed copy of the Plan that did not contain Exhibit B. Mr. O Neill stated [a]lthough we cannot be certain, this suggests that Exhibit B does not exist and may never have existed. That letter is attached hereto as Exhibit D. 5. Plaintiffs have never received from Defendants Tables P, R and Q.

These tables are referred to in the benefit calculation worksheets Defendants submitted in opposition to the motion for class certification. 6. Under the terms of the Plan, in order to calculate a participant s Social

Security offset a table of amounts for varying pay ranges which reflect the Plan s assumptions regarding calculation of the Social Security offset shall be utilized. (See, e.g., Declaration of Amy Promislo, Doc. 16, Exhibit E, at HW0000330.) Plaintiffs have never received a copy of such table even though Plaintiffs have made further follow up requests for the table. 7. From January 24, 2003 through March 1, 2004, the statute of A true

limitations was tolled pursuant to a tolling agreement between the parties. and accurate copy of the tolling agreement is attached hereto as Exhibit A.

2

Case 2:04-cv-00424-ROS

Document 167

Filed 06/12/2006

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

Respectfully submitted this 12th day of June, 2006

s/Susan Martin Susan Martin

I hereby certify that on June 12, 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: 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. Amy Promliso Morgan Lewis & Bockius LLP 1701 Market Street Philadelphia, PA 19103 Attorneys for the Defendants

s/ T. Mahabir

3

Case 2:04-cv-00424-ROS

Document 167

Filed 06/12/2006

Page 3 of 3