November 23, 2004
Letter from Curtis Kennedy
Colvin v. Qwest
Phelps, President and Executive Director
ASSOCIATION OF U S WEST RETIREES
and AUSWR Board Members
and General membership
In a message dated 11/23/2004 3:47:23 PM Mountain Standard Time, someone
wrote to a retiree answering his or her questions stating as follows:
. . . . This is reply to your inquiry about concession service. This law
suit covered those retirees who were receiving reimbursement and who also
received a January 2004 letter from Qwest stating that Qwest would no longer
reimburse retirees who lived in independent company territory.
If you received the January 2004 Qwest letter, you are covered by this
mediation agreement WHEN it becomes final. While both parties are in
agreement, the settlement has not yet been approved by the judge in the
case. Only after the settlement is finalized will Qwest sent out letters to
the retirees affected. We are hopeful this will be done during the first
quarter of 2005.
I am confident that no Qwest retirees have yet been notified by Qwest of
the settlement. The last issue of the GUARDIAN contained an article on the
"as of now still unfinalized" settlement.
As . . . . , I share your frustration that this matter is moving so
slowly, however our lawyer, Curtis Kennedy is skillfully steering our case
to what I am sure will be a successful conclusion. Please call me at . . .
. or send an E-mail if you wish to discuss this further or if the above is
Regards; . . . . . .
This caught my attention and I wish to correct the above statement. . .
The letter was sent December 9, 2003 from Qwest Executive Vice
President and Chief Human Resources Officer Barry Allen to Mr. Colvin
and members of the class and the letter contained the following text: ³Dear
Concession Participant, As part of our responsibility to wisely steward
our financial resources and to encourage and promote use of Qwest products
and services, the company has made the decision to no longer reimburse
retirees and employees for services not provided by Qwest. Your December
2003 bill will be the last local service bill to be reimbursed.²
If a retiree did not receive the December 9, 2003 letter (or was not
part of the intended group to receive that letter) and did not in January
lose the concession, he or she is not going to be a member of the class for
the proposed settlement reached in the Colvin case.
Presently, the trial judge assigned to the Colvin v. Qwest case remains
out of the country for a few more weeks and the case is awaiting his return
and decisions. To date, the proposed settlement has not received
preliminary approval and no formal notice has been sent to anyone.