February 8, 2005
Mimi Hull, President
ASSOCIATION OF U S WEST RETIREES
Board Members and General members
This update concerns the many securities lawsuits
pending against Qwest. As you know from reading my last report
dated December 9, 2004, there are two primary groups of
securities cases pending - federal court cases and state court
cases. All federal case have been consolidated into Denver
Federal Court and are assigned to Federal Judge Robert E.
Blackburn and Magistrate Judge Craig B. Shaffer. The state
court cases, namely lawsuits by CalSTRS, the State of Illinois,
the State of New Jersey and Louisiana Teachers, are pending in
different state courts.
On January 14, 2005, the defendants filed "Answers" to
the 5th Consolidated Amended Complaint in the consolidated
federal court cases. None of the defendants filed cross-claims
against each other. Defendants denied all allegations of
wrongdoing.
On January 27, 2005, Magistrate Judge Shaffer entered an
order concerning coordinated discovery which order is attached
hereto in Adobe PDF file format. Written discovery must be
completed by February 15, 2005. Each side can take 80
depositions starting on February 21, 2005, and ending September
21, 2005. The depositions must either take place in Denver,
within 25 miles of the deponent's place of business or within 25
miles of the deponent's residence. The deponent can decide
where the deposition will take place. All litigants in any of
the coordinated cases can appear with their counsel and
participate, unless the deponent can show grounds for a
protective order. No deposition can last more than 8 hours,
absent some showing of good cause. For example, former CEO
Joseph Nacchio cannot be questioned more than 8
hours. Therefore, the many attorneys are going to have to work
together, carefully plan their questions and exhibits, and use
the limited time wisely.
To date, none of the attorneys or litigants have filed
anything in the court file saying anything about the progress of
the ongoing settlement discussions.
Curtis