Please  Redistribute
 
 
August 19, 2005
 
 
Wesley Colvin, Plaintiff
Mimi Hull, President, ASSOCIATION OF U S WEST RETIREES
AUSWR Board Members and general membership
 
 
This is the latest about the settlement of the Colvin v. Qwest - Retiree Telephone Concession case which affects about 3,400 retirees who were being reimbursed for local telephone service up until January 2004. . . .
 
 
Today, legal counsel for Qwest informed me that Qwest plans "to mail out the [Notice, Claim & Release Form] to all settlement class members next Wednesday," August 24, 2005.
 
 
A copy of the Notice, Claim & Release Form that will be received in the mail is reproduced below.
 
 
All class members are strongly encouraged to promptly send in the completed and signed claim form which should arrive in mailboxes late next week.  Please note that any class member, a person who had the local service reimbursement ended in January 2004 and who presently has AT&T providing long distance service and is getting the monthly reimbursement for AT&T's charges, must understand that he or she will no longer be reimbursed for AT&T long distance.  SEE THE SPECIAL NOTE IN THE NOTICE AND CLAIM FORM concerning AT&T long distance reimbursement that will be ended.  Therefore, it is very important that all persons in the group of about 3,400 retirees, even those with AT&T long distance, complete and return mail the signed claim form.
 
 
Once the claim form is received in the retiree's mailbox, it must be completed, signed, dated and return mailed, within 90 days, or by November 22, 2005, to:
 
        Claims Manager, Colvin v. Qwest
        P.O.  Box 1772
        Faribault, MN  55021-1772
 
Then, after the claims administrator receives and checks the completed, signed and dated claim form, the claims administrator will send a separate letter back to the retiree with an instruction to call a toll free telephone number in order to ask for and get the necessary change over to Qwest long distance at no charge.  
 
 
Also, within 60 days after the claim administrator receives the completed, signed and dated claim form, a check in the amount of $300 will be sent to the eligible retiree.
 
 
Curtis
CurtisLKennedy@aol.com
303-770-0440
 
 

============================================

 

DISTRICT COURT, OTERO COUNTY, COLORADO

Otero County Courthouse

13 W. 3rd Street, Room 207

La Junta, Co 81050-1536

 

 

 

 

 

 

 

 

 

 ▲       COURT USE ONLY    

 

 

Plaintiffs:

WESLEY COLVIN

v.

Defendants:

QWEST COMMUNICATIONS INTERNATIONAL, INC. AND QWEST TELEPHONE CONCESSION PLAN

 

 

  Case Number:  04CV39

  Div./Ctrm.:  B

 

Notice of Settlement

(See the Attached Claim and Release Form)

 

 

This Notice May Affect Your Rights. Please Read Carefully.

 

According to available records, you are a member of the Settlement Class in this lawsuit (the “Action”) brought against Qwest Communications International, Inc. (“Qwest”) and the Qwest Telephone Concession Plan. This notice describes the Settlement Class, the settlement benefits potentially available to you, the steps you must take to obtain those benefits, and the persons you should contact if you have questions about the enclosed Claim and Release form.

 

I.  Who Is Included?

 

On June 22, 2005, the Court approved a Settlement Agreement among the parties to the Action and certified a Settlement Class in the Action. You are a member of the Settlement Class if you: (1) retired as an employee of Qwest, US West Communications, Inc. (including these two entities’ parents, subsidiaries and affiliates), Mountain Bell, Pacific Northwest Bell, Northwestern Bell, or US West Business Resources, Inc.; (2) live outside of Qwest’s local service areas as of the effective date of the Settlement Agreement and were receiving reimbursement for amounts paid for telephone services provided by carriers other than Qwest as of December 31, 2003; (3) received a letter from Qwest dated December 9, 2003 notifying you that such reimbursements would be discontinued in January 2004; and (4) did not timely request exclusion from the Settlement Class.

 

II.  What Settlement Benefits Are Potentially Available to Me?

 

If you are a member of the Settlement Class and timely and properly submit the enclosed Claim and Release form, you will receive the following benefits from Qwest: (1) $300.00; and (2) reimbursement (i.e., no charges) for unlimited Qwest IntraLATA and InterLATA (but not international) long distance at your primary residence for the time period specified below, with such reimbursement to continue if such residence changes but remains within a geographic area in the United States in which Qwest does not provide local telephone service. The reimbursement for Qwest long distance will begin on the date you switch to Qwest long distance, except that it will begin on the effective date of the Settlement Agreement (as defined in that Agreement) if you are already using Qwest long distance as of that date. Reimbursement will end two months after your death, except that it will end earlier on the date, if any, on which you move to a new primary residence located within a geographic area in which Qwest provides local telephone service (subject to renewal if you later move back into a geographic area in the United States in which Qwest does not provide local telephone service).

 

III.  What Must I Do To Obtain These Settlement Benefits?

 

To obtain the Settlement benefits described above, you must: (1) read, complete and sign the Claim and Release form enclosed with this Notice; and (2) return that completed and signed form to the Claims Manager by first class mail postmarked on or before November 22, 2005. The Claims Manager may disapprove a Claim and Release form for failure timely to submit that form, failure of the information on that form to substantially conform to Qwest’s records, failure to provide material information sufficient to enable your identification as a Settlement Class member entitled to receive Settlement benefits, or any other material irregularity in the claim of a fraudulent nature.

 

If your claim is accepted, Qwest will issue you a check in the amount of $300.00 and will contact you regarding the procedures you should follow to switch to Qwest long distance service and/or to obtain reimbursement for Qwest long distance service. If your claim is denied, the Claims Manager will so notify you and will tell you the reason for such denial.

 

Under the Settlement Agreement, any right you had to receive reimbursement for any long distance service provided by AT&T terminated on August 8, 2005. Nevertheless, if you follow the procedures discussed above and (1) timely submit the attached Claim and Release form and (2) after receiving a letter from Qwest acknowledging receipt of your claim form and directing you to call a toll free telephone number,  you timely make the call in order to switch to Qwest long distance service, Qwest will still reimburse your AT&T long distance charges in an amount consistent with existing practice through the date you switch to Qwest long distance.

 

IV.  Whom Should I Contact If I Have Questions About

the Claim and Release Form?

 

Direct any questions about the Claim and Release form to counsel of your choosing or to the following counsel for the Settlement Class:

 

Curtis L. Kennedy
Attorney-at-law
8405 E. Princeton Ave.
Denver, CO  80237-1741
Tele: 303-770-0440  Fax:  303-843-0360  CurtisLKennedy@aol.com

 

Please do not contact the Court, the parties, or their attorneys except as provided above.

 

                                                            Michael A. Schiferl, Otero County District Judge

 

 

 


 

 

CLAIM AND RELEASE

 

*123456789* - <<seq>>

<<Name>>

<<Address1>>

<<Address2>>

<<City, State Zip Code>>

 

 

 

 

 

Settlement Class members who wish to claim the settlement benefits described in the Notice of Settlement must (1) read, complete and sign this form (both front and back); and (2) return the completed and signed form by first class mail postmarked on or before November 22, 2005 to:

 

                             Claims Manager, Colvin v. Qwest

                             P.O. Box 1772

                             Faribault, MN 55021-1772

 

Please provide the following information:

 

Corrections to the above name/address (if any):

 

________________________________________

 

________________________________________

 

________________________________________

Primary Residence

Telephone Number:

 

(___ ___ ___) ___ ___ ___ - ___ ___ ___ ___

 

Very Important!   Please Check One of the Following:

 

o       Qwest is currently my long distance service provider at my primary residence.

 

o       I hereby request that Qwest change my long distance service provider at my primary residence from my current provider to Qwest.

 

Please Note: Under the Settlement Agreement, any right you had to receive reimbursement for any long distance service provided by AT&T terminated on August 8, 2005. Nevertheless, if you follow the procedures discussed above and (1) timely submit this Claim and Release form and (2) after receiving a letter from Qwest acknowledging receipt of this form and directing you to call a toll free telephone number, you timely make the call in order to switch to Qwest long distance service, Qwest will still reimburse your AT&T long distance charges in an amount consistent with existing practice through the date you switch to Qwest long distance.

Continued on back side


 

 

Very Important!   Please read, sign and date the following Release:

 

1. I am signing this Release as a condition of a written Settlement Agreement (“Agreement”) entered into in settlement of all claims relating to local telephone service, long distance telephone service, and/or other telephone-related services as to which Qwest Communications International, Inc. (“Qwest”) was allegedly obligated to reimburse me (“Telephone Service Benefits”).

 

2.   I understand that, by accepting benefits under the Agreement (i.e., payment of $300 plus free Qwest long distance as specified in the Agreement), I and my heirs, descendants, dependents, executors, spouses, administrators, representatives and assignees (collectively, the “Releasors”) shall be deemed to and do absolutely and forever covenant not to sue, and release and discharge, Qwest and its predecessors, subsidiaries, affiliates, successors and parents, and each of their present and former officers, directors, employees, shareholders, agents, attorneys and assignees and any pension, welfare benefit, or other plan that may exist or be alleged to exist under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001, et seq. (“ERISA”) relating to Telephone Service Benefits (collectively, the “Released Parties”), from any and all claims, causes of action, rights, obligations, debts, liabilities, penalties, damages, losses and expenses of any kind whatsoever, whether known or unknown, foreseen or unforeseen, that have been asserted or might have been asserted against the Released Parties relating in any way to Telephone Service Benefits (collectively, the “Claims”), including without limitation all Claims arising under ERISA and all Claims that were asserted or that might have been asserted in the lawsuits entitled Colvin v. Qwest Communications International, Inc. and the Qwest Telephone Concession Plan, Case No. 04CV39 in the District Court for Otero County, Colorado (“Colvin”) and Rathbun v. Qwest Communications International, Inc. and the Qwest Telephone Concession Plan, Case No. 05-B-00711, now pending in the United States District Court for the District of Colorado (the “Released Claims”). I understand that I and the other Releasors will forever be barred and enjoined from instituting or prosecuting any of the Released Claims against any of the Released Parties.

 

3. I understand that the Agreement was negotiated on my behalf by class counsel in Colvin, Curtis L. Kennedy, Esq.  I acknowledge that I have had an opportunity to consult with another lawyer of my choice regarding the Agreement and the effect of this Release.

 

4. I have read this Release, understand its terms, and am signing it voluntarily and knowingly.

 

 

Signed:

 

Dated: