Please Redistribute
March 5,  2004
Nelson Phelps, President and Executive Director
AUSWR Board Members and General members
Attached hereto in Adobe PDF file format is a copy of the 5th Amended Consolidated Complaint filed on February 6, 2004, by the team of securities lawyers suing Qwest and former Directors in the shareholders lawsuits pending in Denver Federal Court.  The attachment is a large file -- (9.16 MB, 212 pages).
This is a reminder that, to date, there has been virtually no formal written and deposition discovery because the Private Securities Litigation Reform Act of 1995 ("PSLRA"), 15 U.S.C. Section 78u-4(b)(3)(B), does not allow any discovery while motions to dismiss are pending.  With this newest revised complaint (203 pages in length) filed on February 6, 2004, the attorneys for all of the defendants (Qwest, Anschutz, Nacchio, Tempest, etc. . ) have given notice that they will soon be filing another motion to dismiss.  Hence, there will be no discovery conducted in that massive shareholders case until the motion(s) to dismiss process are resolved.
By copy of this email to San Diego Attorney Thomas Egler, I thank him for responding to my February 25 email request to Denver Attorney Kip Shuman asking for a copy of the attachment, and I ask that Mr. Egler's office try to keep us informed about significant developments in the future.
Curtis L. Kennedy
8405 E. Princeton Ave.
Denver, CO  80237-1741
Tele: 303-770-0440
Attachment    (5th Amended Consolidated Complaint - 212 pages)

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