Case 1:01-cv-01451-REB-KLM
Document 906-4
Filed 01/05/2006
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-1451-REB-CBS (Consolidated with Civil Action Nos. 01-cv-1472-REB-CBS, 01-cv-1527-REB-CBS, 01cv-1616-REB-CBS, 01-cv-1799-REB-CBS, 01-cv-1930-REB-CBS, 01-cv-2083-REBCBS, 02-cv-0333-REB-CBS, 02-cv-0374-REB-CBS, 02-cv-0507-REB-CBS, 02-cv-0658REB-CBS, 02-cv-755-REB-CBS, 02-cv-798-REB-CBS and 04-cv-0238-REB-CBS) In re QWEST COMMUNICATIONS INTERNATIONAL, INC. SECURITIES LITIGATION SUMMARY NOTICE EXHIBIT A-3
Case 1:01-cv-01451-REB-KLM
Document 906-4
Filed 01/05/2006
Page 2 of 4
TO:
ALL PERSONS OR ENTITIES THAT PURCHASED OR OTHERWISE ACQUIRED QWEST COMMUNICATIONS INTERNATIONAL, INC. ("QWEST") PUBLICLY TRADED SECURITIES (INCLUDING COMMON STOCK, BONDS AND OPTIONS) FROM MAY 24, 1999 THROUGH JULY 28, 2002 YOU ARE HEREBY NOTIFIED that a Settlement Hearing will be held on
May 19, 2006, at 10:00 a.m., before the Honorable Robert E. Blackburn, United States District Judge, District of Colorado, United States Courthouse, 901 19th Street, Room A-105, Denver, Colorado. The Settlement Hearing is to consider a partial settlement of certain litigation on behalf of the class defined above (the ALitigation@). The purpose of the Settlement Hearing is to determine: (1) whether the proposed partial settlement of the claims in the Litigation for the sum of $400,000,000 (the ASettlement Fund@) should be approved by the Court as fair, reasonable and adequate; (2) whether the Litigation should be dismissed with prejudice against the Settling Defendants; (3) whether the Plan of Allocation of the settlement proceeds is fair, reasonable and adequate and should be approved; (4) whether the application of Lead Counsel for the payment of attorneys= fees and reimbursement of expenses incurred by Lead Counsel in connection with the Litigation should be approved; and (5) whether the application for reimbursement of the expenses (including lost wages) of the Lead Plaintiffs in the Litigation should be approved. All capitalized terms used herein shall have the meaning assigned to them in the Stipulation. If you purchased publicly traded securities of Qwest during the period beginning May 24, 1999 through and including July 28, 2002, you may be a Class Member and your rights may be affected by the partial settlement of the Litigation. If you have not received a detailed Notice of Pendency and Partial Settlement of Class Action ("Notice") and a copy of the Proof of Claim and Release, you may obtain -1-
Case 1:01-cv-01451-REB-KLM
Document 906-4
Filed 01/05/2006
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copies of the same by contacting: Qwest Claims Administrator, c/o Gilardi & Co. LLC, P.O. Box 5100, Larkspur, California 94977-5100 or downloading these documents at www.gilardi.com. You may also download the Stipulation of Partial Settlement at the same site. These documents are also available for review at the Court. If you are a Class Member, in order to be eligible to share in the distribution of the Settlement Fund, you must submit a Proof of Claim and Release no later than May 2, 2006, establishing that you are entitled to recovery. You will be bound by any Judgment rendered in the Litigation whether or not you make a claim, unless you request exclusion from the Class. If you wish to request exclusion from the Class you must do so in writing by March 23, 2006 and in accordance with the procedures set forth in the Notice. If you request exclusion from the Class you will not participate in the distribution of the Settlement Fund and you will not be bound by the Judgment in the Litigation. If your exclusion request fails to contain all the information required in the Notice, or otherwise fails to comply with the procedures set forth in the Notice, it will be invalid and you will be bound by the terms and conditions of the Stipulation and Judgment. Any Class Member may file an objection to the settlement, if he, she or it has any information why the proposed partial settlement of the Litigation should not be approved or why judgment should not be entered thereon; why any attorneys= fees, costs, or expenses requested by Lead Counsel or Lead Plaintiffs should not be awarded; or why the Plan of Allocation should not be approved; provided, however, that no Class Member may be entitled to appear at the Settlement Hearing or contest approval of the terms and conditions -2-
Case 1:01-cv-01451-REB-KLM
Document 906-4
Filed 01/05/2006
Page 4 of 4
of the settlement unless, his, her or its objection or opposition, including the basis therefor, is made in writing and mailed or delivered such that it is filed with the Court and served on each of the following no later than March 23, 2006: CLERK OF THE COURT DISTRICT OF COLORADO United States Courthouse 901 19th Street, Room A-105 Denver, CO 80294 and LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP KEITH F. PARK 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Lead Counsel for Plaintiffs BOIES, SCHILLER & FLEXNER LLP ALFRED LEVITT 5301 Wisconsin Ave., N.W., Suite 800 Washington, DC 20015 Counsel for Settling Defendant Qwest ARNOLD & PORTER LLP JOHN FREEDMAN 555 Twelfth Street, N.W. Washington, DC 20004-1202 Counsel for Defendant Arthur Andersen LLP PLEASE DO NOT CONTACT THE COURT OR QWEST REGARDING THIS NOTICE. DATED: January 5, 2006 BY ORDER OF THE COURT UNITED STATES DISTRICT COURT DISTRICT OF COLORADO -3-