|
Important Note:
Certain documents
within this website can only be viewed using Adobe® Acrobat® Reader® software.
If you do not yet have Acrobat® Reader®, it is recommended that you download
this software for free by clicking on the logo below:
Adobe, the Adobe
logo, and Reader are either registered trademarks or trademarks of Adobe Systems
Incorporated in the United States and/or other countries.
(Click on any
Headline underlined in red
below to see the entire text)
|
 |
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.
Group Life Insurance Litigation -
Kerber, et
al, v. Qwest
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
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
Pension Death Benefit Litigation -
Kerber, et al, v. Qwest
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
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.
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
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
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
Consolidated Federal Shareholder Cases
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. . .
|
