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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
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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, 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. I, Dawn L. Dauphine, do depose and state pursuant to 28 U.S.C. ยง 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 in connection with Defendants' Opposition to Plaintiffs' Motion for Class Certification.
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Case No. CV04-0424 PHX ROS
DECLARATION OF DAWN L. DAUPHINE IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION
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2.
Attached as Exhibit A to this Declaration is a true and correct copy of excerpts from the deposition transcript of Barbara Ann Allen dated November 10, 2005.
3.
Attached as Exhibit B to this Declaration is a true and correct copy of excerpts of the deposition transcript of Barbara Ann Allen dated November 11, 2005.
4.
Attached as Exhibit C to this Declaration is a true and correct copy of excerpts of the deposition transcript of Melvin Thomas Jones dated November 11, 2005.
5.
Attached as Exhibit D to this Declaration is a true and correct copy of excerpts of the deposition transcript of Donald E. McCarty dated November 10, 2005.
6.
Attached as Exhibit E to this Declaration is a true and correct copy of excerpts of the deposition transcript of Richard L. Scates dated November 12, 2005.
7.
Attached as Exhibit F to this Declaration is a true and correct copy of a document titled "The AlliedSignal Inc. Retirement Program Summary of Your Retirement Benefits" which has been given production numbers WW00001-7.
8.
Attached as Exhibit G to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 1.
9.
Attached as Exhibit H to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 3.
10.
Attached as Exhibit I to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 7.
11.
Attached as Exhibit J to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 10.
12.
Attached as Exhibit K to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 16.
13.
Attached as Exhibit L to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 17.
14.
Attached as Exhibit M to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 18.
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15.
Attached as Exhibit N to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 23.
16.
Attached as Exhibit O to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 31.
17.
Attached as Exhibit P to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 34.
18.
Attached as Exhibit Q to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 35.
19.
Attached as Exhibit R to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 36.
20.
Attached as Exhibit S to this Declaration is a true and correct copy of excerpts of Honeywell Deposition Exhibit 46.
21.
Attached as Exhibit T to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 47.
22.
Attached as Exhibit U to this Declaration is a true and correct copy of Honeywell Deposition Exhibit 67.
23.
Attached as Exhibit V to this Declaration is a true and correct copy of a letter dated June 21, 2001 from Susan Martin to Honeywell International, Inc., which has been given production numbers HWAL004353-4354. 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: April 3, 2006. OSBORN MALEDON P.A.
By s/Dawn L. Dauphine DAWN L. DAUPHINE Attorney for Defendants
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CERTIFICATE OF SERVICE I do certify that on April 3, 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
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