Free Declaration - District Court of Arizona - Arizona

1 SUSAN MARTIN (AZ#014226)
DANIEL L. BONNETT (AZ#014127)
2 JENNIFER KROLL (AZ#019859)
MARTIN & BONNETT, P.L.L.C.
3 3300 N. Central Avenue, Suite 1720
Phoenix, Arizona 85012-2517
4 Telephone: (602% 240-6900
S1'1'lEl1'il11{@_.1'1'1ElI'lLll'1 onnettcom
5 dboimettgggmartinbonnettcom
j lCI`Oll(iBl11HI`lZl.l]l30l111ClIlZ.COl'l'l
6
7 Attorneys for Plaintiffs
s
IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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ll Barbara Allen, Richard Diygpold, Melvin Jones,
Donald McCarty, Richard cates and Walter
12 G. West, individually and on behalf of all No. CV04—0424 PHX ROS
others similarly situated,
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Plaintiffs,
14 Declaration of Donald McCarty in
vs. Support of Plaintiffs’ Motion for
15 Class Action Certification
Honeywell Retirement Earninigs Plan,
16 Honeywell Secured Benefit P an, Plan
Administrator of Honeywell Retirement
17 Earnings Plan, and Plan Administrator of
Honeywell Secured Benefit Plan,
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Defendants.
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Pursuant to 28 U.S.C. § 1746, Richard Dippold affirms under penalty of perjury:
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1. 1 am over 18 years old, under no disability and if called to
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testify, I could competently testify tc the following.
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2. I am one ofthe named Plaintiffs in this lawsuit. I am familiar
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-- ------------ -- - ---- -with-the issues -raised--in the-complaint-and withthe decisionof the Courton Plaintiffs?. . .... .. . . ..
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motion for summary judgment and Defendants’ motion to dismiss.
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2 B
Case 2:04—cv—00424—ROS Document 86 Filed 08/26/2005 Page 1 of 3

1 3. I worked for the Garrett Corporation and Signal Companies,
2 Inc. from on or about June l, 1951 until I retired on or about January 1, 1985 when
3 I was 65 years old.
4 4. I am a member ofthe Class and I am also a member of subclass
5 A because the calculation of my minimum benefits under the Signal Retirement Plan
6 without an SBA Offset would have resulted in a higher benefit than the benefit I am
7 receiving.
B 5. I am firmly committed to seeing this matter come to a
9 conclusion through the Court proceedings and doing whatever I can to help pursue the
1 0 claims that are asserted in this lawsuit.
1 1 6. I would like this matter concluded in a fair, efficient and speedy
12 manner that protects the interests of each member of the proposed class and
1 3 subclasses.
14 7. Because I am retired, I am on a fixed income. If this action
15 were not prosecuted as part of a group effort to obtain benefits, it would be difficult
1 6 for me to undertake a lawsuit such as this on my own.
1 7 8. I do not have any interest in the lawsuit that is antagonistic or
1a in conflict with the interests of any ofthe other putative class members.
1 9 9. Iam willing and able to serve as a class representative for the
2 0 proposed class and subclasses in this case and to represent the interests of the entire
21 putative class and subclasses.
2 2 I declare under penalty of perjury that the foregoing is true and correct.
23 Executed on August Q, 2005.
M iD'?-,...or we "- zig
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Case 2:04—cv—00424—ROS Document 86 Filed 08/26/2005 Page 2 of 3

1 CERTIFICATE OF SERVICE
2 I hereby certify that on August 26, 2005 I electronically transmitted the attached
document to the Clerlds Ofhce using the CM/ECP System for tiling and transmittal of
3 a Notice of Electronic Filing to the following CM/ECP registrants:
4 Michael L. Banks, Esq.
William J. Delany, Esq.
5 Amy Promislo, Esq.
John G. Ferreira, Esq.
6 Azeez Hayne, Esq.
Morgan Lewis & Bockius LLP
7 1701 Market Street
Philadelphia, PA 19103
B
David B. Rosenbaum
9 Dawn L. Daughine
OSBORN EDON, P.A.
10 2929 North Central Ave., Suite 2100
Phoenix, AZ 85012-2794
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13 s/T. Mahabir
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15
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Case 2:04—cv—00424—ROS Document 86 Filed 08/26/2005 Page 3 of 3

Case 2:04-cv-00424-ROS

Document 86

Filed 08/26/2005

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Case 2:04-cv-00424-ROS

Document 86

Filed 08/26/2005

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Case 2:04-cv-00424-ROS

Document 86

Filed 08/26/2005

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