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Legal Developments

 

Curtis Kennedy, an attorney who has represented the Association of U S West Retirees, has a winning record in the many cases he's fought against U S West and Qwest. Despite having a high-profile practice, he works out of an office in his home.

 

 

Qwest Pension Plan - ERISA Disclosure Demands and Responses

September 21, 2013  -   News Reports About end of Joseph Nacchio Prison Sentence.

          September 9, 2013 - "What's Next for former Qwest CEO Joe Nacchio",

          September 21, 2013 - "Former Qwest CEO Joe Nacchio completes prison sentence",

September 14, 2013  -  Retirees' ERISA disclosure request

October 18, 2012  -  CenturyLink's response to ERISA disclosure request.

April 25, 2013 - Lee v. Verison - Pension De-Risking

September 12, 2012 - Retirees' ERISA disclosure request

January 13, 2012 - CenturyLink's response to ERISA disclosure request

December 15, 2011 - Retirees' ERISA disclosure request

November 19, 2010 - Qwest's response to ERISA disclosure request

October 21, 2010 - Retirees' ERISA disclosure request

October 23, 2009 - Qwest's response to ERISA disclosure request

September 21, 2009 - Retirees' ERISA disclosure request

 

Group Life Insurance Litigation -
Kerber, et al, v. Qwest

June 2, 2011 - Appellate Court Decision Affirming Lower Court Rulings and Judgment.

March 9, 2011 - Court calendar for the oral argument hearing

December 2, 2010 - Plaintiffs-Appellants' (Retirees') Reply Appellate Brief

November 18, 2010 - Defendants-Appellees' (Qwest's) Response Appellate Brief

October 19, 2010 - Plaintiffs-Appellants' (Retirees') Opening Appellate Brief

August 10, 2010 - Notice of Appeal

July 22, 2010 - Order Denying Plaintiffs' Motion to Alter or Amend Judgment

October 13, 2009 - Plaintiffs' Reply Brief for the Motion to Alter or Amend Judgment

September 25, 2009 - Qwest's Opposition to Plaintiffs' Motion to Alter or Amend Judgment

September 8, 2009 - Plaintiffs' Motion to Alter or Amend Judgment

August 27, 2009 - Amended Judgment

August 27, 2009 - Judgment

August 25, 2009 - Order Granting Summary Judgment to Qwest on Claims 2, 6 and 8

August 25, 2009 - Order Denying Request for Reconsideration

April 3, 2009 - Plaintiffs' Motion for Reconsideration of March 31, 2009 Decision

March 31, 2009 - Order Granting Summary Judgment to Qwest on Claims 3, 4 and 5

March 25, 2009 - Order Dismissing Claims One and Seven

March 24, 2009 - Order Denying Request for Class Certification

March 17, 2009 - Final Pretrial Order

January 27, 2009 - Plaintiffs-Retirees' Motion to Submit Supplemental Supreme Court Decision - Kennedy case - and Motion to Submit Supplemental Exhibit Newly Disclosed by Qwest

January 21, 2009 - Amendment to Group Contract G-93634

November 20, 2008 - Qwest Defendants' Reply Brief in Support of September 15, 2008 Motion for Summary Judgment on Sixth, Seventh and Eighth Claims for Relief

October 21, 2008 - Plaintiffs-Retirees' Brief Opposing Qwest Defendants' September 15, 2008 Motion for Summary Judgment on Sixth, Seventh and Eighth Claims for Relief  (Note: this is a very large file - 2.6 MB.  It is best to download or open with high speed Internet access)

October 16, 2008 - Qwest Defendants' Reply Brief to October 1, 2008 Response Brief Opposing Defendants' September 12, 2008 Motion for Summary Judgment on Second Claim for Relief (Pre-1991 Retirees)

October 1, 2008 - Plaintiffs-Retirees' Brief Opposing Qwest Defendants' September 12, 2008 Motion for Summary Judgment on Second Claim for Relief (Pre-1991 Retirees) (Note: this is a very large file - 1.2 MB.  It is best to download or open with high speed Internet access)

September 15, 2008 - Qwest Defendants' Motion for Summary Judgment on Sixth, Seventh and Eighth Claims for Relief

September 12, 2008 - Qwest Defendants' Motion for Summary Judgment on Second Claim for Relief (Pre-1991 Retirees)"

August 19, 2008 - Qwest Defendants' Reply Brief to Plaintiffs' August 4, 2008 Response Brief Opposing Defendants' July 14, 2008 Motion for Summary Judgment on First, Third, Fourth and Fifth Claims for Relief

August 4, 2008 - Plaintiffs-Retirees' Brief Opposing Qwest Defendants' July 14, 2008 Motion for Summary Judgment on First, Third, Fourth and Fifth Claims for Relief

July 29, 2008 - Plaintiffs-Retirees' Reply Brief in Support of April 1, 2008 Amended Motion for Summary Judgment and Addressing Qwest Defendants' July 14, 2008 Opposition Brief

July 15, 2008 - Plaintiffs-Retirees' Reply Brief in Support of Motion for Class Certification and Addressing Qwest Defendants' June 30, 2008 Brief Opposing Class Certification with the Ammidown Declaration Threatening Future Retaliation Against All Retirees

July 14, 2008 - Qwest Defendants' Motion for Summary Judgment on First, Third, Fourth and Fifth Claims for Relief

July 14, 2008 - Qwest Defendants' Brief Opposing Plaintiffs-Retirees' April 1, 2008 Amended Motion for Summary Judgment

June 30, 2008 - Qwest Defendants' Brief Opposing Class Certification with Ammidown Declaration Threatening Future Retaliation Against All Retirees

June 20, 2008 - Qwest Defendants' Reply Brief to Support Their May 16, 2008 Second Motion to Dismiss

June 5, 2008 - Plaintiffs' Response in Opposition to May 16, 2008 Qwest Defendants' Second Motion to Dismiss

May 16, 2008 - Qwest Defendants' Second Motion to Dismiss

May 16, 2008 - Answer to Second Amended Complaint

April 30, 2008 - Orders Regarding Schedule for Case

April 1, 2008 - Plaintiffs' Amended Motion for Summary Judgment  (Note: this is a very large file - 2.8 MB.  It is best to download or open with high speed Internet access)

April 1, 2008 - Second Amended Motion for Class Certification

March 31, 2008 - Second Amended Complaint for Class Action
Relief Under ERISA

February 22, 2008 - Judge Walker Miller's "Order on Motion to Dismiss

August 22, 2007 - Order Staying Formal Discovery Until After Ruling on Motion to Dismiss

July 24, 2007 - Update

July 16, 2007 - Qwest Defendants' Reply Brief for June 20, 2007 Motion to Dismiss

July 6, 2007 - Update

June 29, 2007 - Plaintiffs-Retirees' Response in Opposition to June 20, 2007 Qwest Defendants' Motion to Dismiss

June 20, 2007 - Qwest Defendants' Motion to Dismiss

June 7, 2007 - Plan Amendment 2007-1

May 30, 2007 - Plaintiffs' Motion for Class Certification and Supporting Brief

May 15, 2007 - Amended Complaint for Class Action Relief Under ERISA

May 9, 2007 - Order Setting Court Scheduling Conference on August 13, 2007

March 30, 2007 - Complaint Filed

December 13, 2006 - Plan Amendment 2006-1

June 12, 1998 - Governing Plan Document

January 1990 - Audio/Video Recording - U S WEST Explains Its Position on the "Reservation of Rights" Clause  (Note: this is a very large file - 9.9 MB.  It is best to download or open with high speed Internet access)

 

Pension Death Benefit Litigation -
Kerber, et al, v. Qwest

December 29, 2009 - Discontinuation of the Death Benefit from the Qwest Pension Plan and the Qwest Nonqualified Pension Plan, effective March 1, 2010.

July 17, 2009- Tenth Circuit Court of Appeals Final Decision  

February 13, 2009- Plaintiffs-Appellants' Reply Appellate Brief  

January 30, 2009- Qwest Defendants-Appellees' Response Appellate Brief  

December 19, 2008 - Plaintiffs-Appellants' Opening Appellate Brief  

October 15, 2008 - Notice of Appeal  

September 19, 2008 - Order Granting Qwest Defendants Summary Judgment

September 4, 2008 - Update - 3rd Circuit Appeals Court Rules Lucent Pension Death Benefits Are Not Protected Under ERISA

February 9, 2008 - Plaintiffs' Opposition to Qwest Defendants' Motion to File Supplemental Case Law

February 8, 2008 - Qwest Defendants' Motion to File Supplemental Case Law

December 5, 2007 - Update

December 3, 2007 - Qwest Defendants' Reply Brief for October 31, 2007 (Re-filed) Motion for Summary Judgment

November 14, 2007 - Plaintiffs' Brief in Opposition to Defendants' (Re-filed) Motion for Summary Judgment

October 31, 2007 - Qwest Defendants' (Re-filed) Motion for Summary Judgment

September 24, 2007 - Order Regarding Numerous Pending Motions

December 19, 2006 - Final Pretrial Order

November 14, 2006 - Plaintiffs' Response in Opposition to Qwest Defendants Motion to Strike Plaintiffs-Retirees' Expert Witness Report

November 2, 2006 - Qwest Defendants' Motion to Strike Plaintiffs-Retirees' Expert Witness Report

October 20, 2006 - Plaintiffs' Reply Brief in Support of Motion for Class Certification

October 5, 2006 - Order Denying Qwest Defendants' Motion For Dismissal of Kerber's and Phelps's Claim For Declaratory Judgment of Rights to Future Payment of Pension Death Benefits

October 3, 2006 - Plaintiff Retirees' Legal Brief in Opposition to Qwest Defendants' August 30, 2006 Motion For Summary Judgment Dismissal

September 8, 2006 - "Plaintiffs' Motion for Class Certification

August 30, 2006 - Qwest Defendants' Motion For Summary Judgment Dismissal

August 16, 2006 - Order and Resolution of Discovery Dispute

July 21, 2006 - Retirees' Motion to Compel Deposition Testimony and For Sanctions

July 3, 2006 Expert Opinion Report by Leonard Garofolo

June 2, 2006 - Update

February 23, 2006 Offer by Plaintiffs for Partial Settlement and March 13, 2006 Rejection of Offer by Qwest Defendants

February 13, 2006 Update

February 10, 2006 Order and Schedules

February 7, 2006 Plaintiffs' Reply in Support of January 11, 2006 Motion to Compel Document Production

February 6, 2006 Qwest's Response to January 11, 2006 Motion to Compel

January 30, 2006 Qwest's Reply Brief in Support of December 22, 2005 Motion to Dismiss the Second and Third Claims in the Second Amended Complaint

January 19, 2006 Plaintiffs' Response in Opposition to Qwest's December 22, 2005 Motion to Dismiss the Second and Third Claims in the Second Amended Complaint

January 11, 2006 Plaintiffs' Motion to Compel Document Production From Qwest

December 22, 2005 Qwest's Motion to Dismiss the Second and Third Claims in the Second Amended Complaint

December 22, 2005 Qwest's Answer to the Second Amended Complaint

December 19, 2005 Qwest's Response to First Formal Discovery Request

December 5, 2005 Update

November 29, 2005 Order Granting Qwest Extension of Time

November 17, 2005 - Second Amended Complaint for Proposed Class Action Relief Under ERISA

November 1, 2005 Update

Proposed Second Amended Complaint

Scheduling Order entered September 7, 2005

September 2, 2005 Update

August 31, 2005 - Kerber Brief in Opposition to Qwest's Motion

August 12, 2005 - Qwest's Motion & Brief for Dismissal

August 17 Proposed Scheduling Order

July 28, 2005 Update

July 1, 2005 Update

May 25, 2005 Update

Amended Complaint served on Qwest

March 22, 2005 Update

March 15, 2005 Complaint re: Qwest Pension Plan Benefits

December 3-9, 2003 - Announced Elimination of Pension Death Benefit

October 22, 2003 Response Letter From Qwest Stating the Company is Unaware of Any Prior Commitments About the Pension Death Benefit

October 2, 2003 - Internal Deliberations About Ending Pension Death Benefit Based Upon Projected Underfunded Status of Qwest Pension Plan

September 16, 2003 - Nelson Phelps's protest letter sent to Qwest CEO Dick Notebaert

September 2, 2003 Letters - Qwest's Planned Announcement to Eliminate the Pension Sickness Death Benefit

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Retiree Telephone Concession -
Colvin v Qwest

 

Retiree Telephone Concession -
Rathbun v Qwest

This case was closed as of August 2, 2007. For further information and to see the Final Report please click here.

 

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ERISA Disclosure -
Phelps v Qwest

 

Brody v. Hellman, Nacchio, et al - U S WEST Shareholder Dividend Lawsuit

This case was closed as of October 26, 2007.  For further information and to see the Final Order click here.

 

U. S. v. Joseph Nacchio

Inmate No. 33973-013

Nacchio 2010

February 14, 2011    -    Nacchio's Consent and Order Granting Dismissal of Nacchio's Final Appeal

April 13, 2010 - Order Regarding Defendant's Intent to Waive His Right to Be Present at Re-sentencing Hearing with Nacchio's Waiver Notice

July 31, 2009 - 10th Circuit Court of Appeals Order for Resentencing ("we REVERSE the district court’s sentencing order with respect to its gain calculation and its forfeiture determination and REMAND for resentencing consistent with this opinion")

April 13, 2009 - Order by 10th Circuit Court of Appeals Denying Release on Bail  ("Mr. Nacchio has not shown that there is a reasonable chance that the Supreme Court will grant his petition")

February 25, 2009 - Order by 10th Circuit Court of Appeals En Banc Upholding Conviction

July 30, 2008 - Order by 10th Circuit Court of Appeals for Re-Hearing En Banc to Take Place on September 24, 2008

March 17, 2008 - Tenth Circuit Court of Appeals Opinion - Judgment Reversed and Case Remanded for New Trial Before Different Judge

October 9, 2007 - Nacchio's Opening Appellant Brief

August 22, 2007 - Appellate Court Order Granting Nacchio Release Pending Expedited Appeal

July 30, 2007 - Memorandum of Sentencing and Statement of Reasons

July 27, 2007 - Order For $52 Million Forfeiture

July 6, 2007 - USA's Sentencing Statement

June 26-28, 2007 - United States Motion Re: Crime Victims; and Response by Nacchio Defense Team

May 31, 2007 - Stipulation Re: $52 million Escrow Funds

May 18, 2007 - United States Motion for Immediate Restraint and Itemization of Assets (Note: this is a large 2.5 MB file - it is best to download or open with high speed Internet access)

May 11, 2007 - Compilation of key trial exhibits used by Prosecution at Joseph Nacchio's Trial, includes financial data on Joseph Nacchio (Note: this is a large 4.7 MB file - it is best to download or open with high speed Internet access)

April 26, 2007 - United States Motion for Entry of $52,007,545.47 Money Judgment

April 20, 2007 - Order Concerning Sentencing Proceedings

April 20, 2007 - Order Concerning Pre-Sentence Report

April 19, 2007 - Jury Verdict Form (Not Guilty on Counts 1-23;  Guilty on Counts 24-42)

April 12, 2007 - Court's Instructions to the Jury

March 16, 2007 - Defendant Joseph Nacchio's Reply Trial Brief

March 14, 2007 - United States Response to Defendant Joseph Nacchio's Trial Brief

March 9, 2007 - Defendant Joseph Nacchio's Trial Brief

March 27, 2007 - Government Statement Re: Nacchio's $90 Million Asset Transfers

March 20, 2007 - Transcript of Opening Statements

March 20, 2007 - Government's Witness List

March 18, 2007 - Defendant Nacchio's Witness List

March 17, 2007 - Judge Nottingham's Evidentiary Order Concerning so-called  Backdating Evidence

March 15, 2007 - Questionnaire and Instructions for Prospective Jurors

March 14, 2007 - Stipulated Order for Sequestration of Witnesses

March 6, 2007 - Judge Nottingham's Rules of Order For Trial Set to Commence March 19, 2007

February 6, 2007 - Nacchio's Defense Team Seeks Postponement of March 19, 2007 Trial

January 26, 2007 - Wanted: Qwest witnesses

August 25, 2006 - Order and Decision Not to Dismiss Indictment

July 31, 2006 - Nacchio's Motion to Change Trial Location to New Jersey

April 10, 2006 - Government's Bill of Particulars

December 20, 2005 Indictment and Warrant for Arrest of Joseph Nacchio

 

SEC v Qwest

February 28, 2006 - Notice & Order for Fair Fund Distribution

October 11, 2005 Proposed Discovery Plan

February 25, 2005 Update

October 23, 2004 Update

November 22, 2004 Update

 

SEC v Nacchio

January 21, 2011    -    Final Judgment in Favor of SEC and Against Joseph P. Nacchio

September 2, 2010 - SEC's Unopposed Motion for Entry of Judgment By Consent Against Joseph P. Nacchio    

March 31, 2010 - Opinion and Orders Granting and Denying Numerous Motions for Summary Judgment

July 14, 2009 - Trial Preparation Order

March 12, 2009 - Opinion and Orders Denying Motions to Dismiss

October 15, 2008 - Order Addressing Expert Discovery

July 15, 2008 - Second Amended Complaint and Jury Demand

July 19, 2007 - Scheduling Order

May 30, 2007 - Final Judgment As to Former Qwest CFO Robin Szeliga

April 12, 2006 - Amended Complaint Filed Against All Defendants

September 7, 2005 Final Judgment As to Former Qwest EVP Greg Casey

April 22, 2005 Update

April 16, 2005 Update

 

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Consolidated Federal Shareholder Cases

May 27, 2009 - Final Judgment and Order of Dismissal With Prejudice

May 27, 2009 - Final Award of Attorney Fees and Expenses  

August 4, 2008 - Settlement Agreement with Remaining Defendants - Nacchio and Woodruff

January 16, 2008 - Appellate Court Order Directing Trial Court to Further Explain Reasons for Overruling Nacchio's and Woodruff's Objections to $400 Million Settlement Excluding Them

July 17, 2007 - Order Concerning AUSWR's Attorney's Fees and Denying Fees and Expenses to Other Objectors

October 30, 2006 - Lead Counsel - Lerach law Firm - Notice of Agreement to Pay AUSWR/Objectors' Attorney's Fees and Costs

October 10, 2006 - AUSWR's Motion for Award of Fees and Reimbursement of Expenses For Successfully Challenging $96 Million Fee Requested by Lead Counsel

September 29, 2006 - Order Sustaining AUSWR Objections and Awarding Attorney's Fees ($60 million) and Expenses ($2 million) Partially Denying $96 Million Attorneys' Fees Requested by Lead Counsel Lerach Law Firm.

May 15, 2006 - AUSWR's Rebuttal Expert Opinion Declaration by Professor Michael Perino Opposing $96 Million Attorneys' Fees Requested by Lerach Law Firm

April 28, 2006 - Lead Counsel - Lerach Law Firm - Reply Brief and Affidavits in Support of Motion For $96 Million Attorneys' Fees

April 13, 2006 - Order Concerning AUSWR's Motion To Intervene

March 23, 2006 - Motion For Intervention By Objectors Graham, Floyd, Hull and AUSWR

Proof of Claim Form - Important: Deadline For Mailing is May 2, 2006

March 6, 2006 - AUSWR's Notice of Objections to $96 Million Attorneys' Fees Requested by Lead Counsel - Lerach Law Firm

February 27, 2006 - Lead Counsel - Lerach Law Firm Declaration in Support of the Request For $96 Million Attorneys' Fees

February 27, 2006 - Lead Counsel - Lerach Law Firm - Motion For $96 Million Attorneys' Fees

January 5, 2006 Order For Preliminary Approval of Partial Settlement with Notice of Settlement

September 13, 2005 Update

August 18, 2005 Update

April 21, 2005 Update

February 8, 2005 Update

December 9, 2004 Update

March 5, 2004 Update


FOIA Requests to SEC

January 27, 2005 Update

January 18, 2005 Update

December 15, 2004 Update

 

General Legal Matters

April 26, 2007 - Amicus Brief by NRLN filed in Lucent v. Foss - 3rd Circuit Appeal

Sol Trujillo's compensation received when U S WEST merged with Qwest

July 6, 2005 - Medicare RX Program and Pre-1991 Retirees

Current information about the PBGC

Pre-1991 Retirees Health Care Lifetime Guarantee

Report Concerning Qwest Pension Plan

Joseph Nacchio's Sales of Qwest Stock and Severance. . .

 

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