January 17, 2005
Nelson Phelps, President and Executive Director ASSOCIATION OF U S WEST RETIREES and AUSWR Board Members only
This is the latest about the Colvin v. Qwest (Retiree Telephone Concession case). . .
On December 15, 2004, there was a court hearing in this case pending before Judge Schiferl in LaJunta, Colorado. We had a group show up at the hearing, along with Mr. Colvin, and everyone's presence made a positive impression on the judge. Rathbun did not attend the court hearing. However, Judge Schiferl has very little experience with civil cases and he has never handled a class action. So, after all that was said and argued by the attorneys at the December 15 hearing, Judge Schiferl asked me, Qwest's attorneys and Rathbun's attorneys (who flew in from Washington, DC) to submit a paper called "proposed findings of fact and conclusions of law" by Friday, January 14, 2005.
Qwest attorneys and I worked on a joint paper and we submitted our papers on time, Friday, January 14, 2005. To date, I do not know whether Rathbun's attorneys timely filed their papers. Anyhow, a copy of the 24 pages as filed by Qwest counsel and me on January 14 is attached hereto in Adobe PDF file format. This is the paper where we explain in a simple manner to the Court why Judge Schiferl should not allow Rathbun to interfere, and why the arguments her attorneys made at December 15 hearing are wrong. You can and should distribute this report.
After he reviews the papers filed on January 14, Judge Schiferl said he would move quickly to rule on the key issues - whether or not he would allow Rathbun to intervene and whether he would grant preliminary approval of the proposed settlement and class notice to be sent out. I will let you know what he decides as soon as I am told by the Court.
Attachment (Colvin case - proposed findings and conclusions of law - 24 pages)
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