Please  Redistribute
July 28, 2005
Mimi Hull, President
Board Members and general membership
This update concerns the Kerber v. Qwest  case (Pension Death Benefits case). 
As you know from the July 1, 2005 update, at the request of Qwest counsel, we agreed to attempt 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 advised the company's lawyer that we planned to counter-propose with some different terms.  Accordingly, on July 20, the Named Plaintiffs, Ed Kerber and Nelson Phelps, met with me and the Board for the Association of U S WEST Retirees.  At that meeting held in Bloomington, MN, we prepared a written proposal and submitted that to Qwest's counsel for a response.  Two days later, Qwest counsel reported back that Qwest rejected our proposal for a resolution.
Therefore, the case will remain on track in Denver Federal Court.  Now, Qwest is required to respond to the Amended Complaint on August 12, 2005.  Then, counsel are to prepare a proposed scheduling order and send that to the court by August 17, 2005.
The very first Court hearing for this case will be held on Monday, August 22, 2005 at 9:00 a.m., before Magistrate Judge Patricia Coan at the Denver Federal Courthouse, 901 19th Street, Fifth Floor, Denver, CO.  The purpose of this court session will be to talk about the case in general and schedule discovery and certain deadlines for the case.  I have been asked whether or not anyone who is interested may come to the courtroom and listen in. Yes.  Obviously, it makes for a good impression on the judge when retirees for whom a lawsuit is being brought attend court proceedings and show they have interest in the matter.
Within several days after the August 22 scheduling conference is conducted by Magistrate Judge Coan, another update will be provided.
You can go the AUSWR website and under the heading Death Benefit Litigation - Kerber v. Qwest  view all of the updates.