Please Redistribute
 
April 21, 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 February 8, 2005, 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.
 
 
Presently, the parties are conducting depositions.  There is a significant discovery dispute that has arisen and has been briefed and presented to the Court for resolution.  Most of the former Qwest officers sued have asserted as a defense for their actions "reliance on the advice of legal counsel."   The legal issue is whether that defense waives the attorney-client privilege and, thus, the shareholders' counsel should be allowed to inquire into what was said by the Qwest in-house and outside counsel. 
 
 
Also, the lead law firm representing shareholder plaintiffs in the federal securities case filed a request for class certification ruling.  A copy of the March 14, 2005, "Lead Plaintiffs' Motion for Class Certification" is attached hereto.
 
 
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
 
Curtis L. Kennedy
Attorney-at-law
8405 E. Princeton Ave.
Denver, CO  80237-1741
Tele: 303-770-0440
 
 

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