Free Order on Motion to Intervene - District Court of Colorado - Colorado

Case 1:01-cv-01451-REB-KLM

Document 979

Filed 04/13/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 01-cv-01451-REB-CBS (Consolidated with Civil Action Nos. 01-cv-01472-REB-CBS, 01-cv-01527-REB-CBS, 01-cv-01616-REB-CBS, 01-cv-01799-REB-CBS, 01-cv-01930-REB-CBS, 02-cv-00333REB-CBS, 02-cv-00374-REB-CBS, 02-cv-00507-REB-CBS, 02-cv-00658-REB-CBS, 02-cv-00755-REB-CBS; 02-cv-00798-REB-CBS; and 04-cv-00238-REB-CBS) In re QWEST COMMUNICATIONS INTERNATIONAL, INC. SECURITIES LITIGATION -cv-000238-REB-CBS

ORDER CONCERNING MOTIONS TO INTERVENE Blackburn, J. This matter is before me on the following motions: 1) the motion to intervene filed by Eldon Graham, Hazel Floyd, Mary M. Hull, and the Association of US West Retirees (AUSWR) [#976], on April 11, 2006; and 2) the motion to intervene filed by Charles B. Reiner and Margaret M Flanagan [#977], on April 12, 2006. The proposed intervenors seek to intervene to assert objections to the proposed award of attorney fees and expenses to lead counsel for the proposed plaintiff class in this case, and the proposed award of expenses to the lead plaintiffs. I have reviewed the motions and conclude that the intervenors should be permitted to intervene in this matter to assert their objections to the proposed award of attorney fees and costs to lead counsel for plaintiffs and the proposed award of expenses to the lead plaintiffs. However, I do not agree with the request of the intervenors that 1) they be permitted to conduct discovery concerning the attorney fees request; and 2) the May 19, 2006, settlement hearing be delayed pending completion of this discovery and appointment of a special master to oversee the fairness of an award

Case 1:01-cv-01451-REB-KLM

Document 979

Filed 04/13/2006

Page 2 of 3

of attorney fees. On the current record, I conclude that this issue can be resolved fairly and expeditiously without such additional proceedings. THEREFORE, IT IS ORDERED as follows: 1) That the motion to intervene filed by Eldon Graham, Hazel Floyd, Mary M. Hull, and the Association of US West Retirees (AUSWR) [#976], filed April 11, 2006, is GRANTED in part; 2) That Eldon Graham, Hazel Floyd, Mary M. Hull, and the Association of US West Retirees (AUSWR) shall be permitted to intervene as plaintiffs in this action for the purpose of asserting objections to the pending request for an award of attorney fees and costs to lead counsel for the plaintiffs, and expenses to lead plaintiffs; 3) That the motion to intervene filed by Charles B. Reiner and Margaret M Flanagan [#977], filed April 12, 2006, is GRANTED in part; 4) That Charles B. Reiner and Margaret M Flanagan shall be permitted to intervene in this action as plaintiffs for the purpose of asserting objections to the pending request for an award of attorney fees and costs to lead counsel for the plaintiffs, and expenses to lead plaintiffs; 5) That the motion to intervene filed by Eldon Graham, Hazel Floyd, Mary M. Hull, and the Association of US West Retirees (AUSWR) [#976], filed April 11, 2006, is DENIED to the extent these intervenors seek to conduct discovery on the issue of attorney fees and costs and to delay the May 19, 2006 settlement hearing in this case; and

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Case 1:01-cv-01451-REB-KLM

Document 979

Filed 04/13/2006

Page 3 of 3

6) That the motion to intervene filed by Charles B. Reiner and Margaret M Flanagan [#977], filed April 12, 2006, is DENIED to the extent these intervenors seek to conduct discovery on the issue of attorney fees and costs and to delay the May 19, 2006 settlement hearing in this case. Dated April 12, 2006, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge .

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