July 28, 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 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.