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July 1, 2005
 
 
Mimi Hull, President
ASSOCIATION OF U S WEST RETIREES
Board Members and general membership
 
 
This update concerns the Kerber v. Qwest  case (Pension Death Benefits case). 
 
 
As the July 11 deadline approached for Qwest to respond to the Amended Complaint, Qwest counsel asked that we consider trying to reach a resolution that would result in an agreement to voluntarily dismiss the Pension Death Benefits litigation.  Qwest counsel told us certain terms that Qwest proposed, and we counter-proposed with some different terms.  Presently, both sides are far apart.
 
 
However, we agreed to continue this effort.  Therefore, we agreed to delay proceedings until August 12, while we continue to discuss the matter.  A copy of a joint motion concerning this brief delay is attached hereto.  The joint motion was filed yesterday, June 30, with the Denver Federal Court.
 
 
The Named Plaintiffs, Ed Kerber and Nelson Phelps, will meet with me and the Board for the Association of U S WEST Retirees on July 20.  At that meeting, we will prepare a written proposal and submit that to Qwest for a response.
 
 
If no agreement can be reached, the case will continue on track requiring Qwest to respond to the Amended Complaint on August 12, 2005.  Should a resolution be reached, an update will be provided.  Likewise, if no resolution is reached and the case goes forward, an update will be provided.
 
 
Curtis
 
 
 
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