Free Answer to Amended Complaint - District Court of Colorado - Colorado

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

Document 868-5

Filed 11/01/2005

Page 1 of 20

592.

Because the allegations in paragraph 592 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 592. 593. Because the allegations in paragraph 593 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 593. 594. Because the allegations in paragraph 594 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 594. 595. Because the allegations in paragraph 595 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 595. 596. Because the allegations in paragraph 596 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 596. 597. Because the allegations in paragraph 597 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 597 598. Because the allegations in paragraph 598 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 598.

97073.1

81

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

Document 868-5

Filed 11/01/2005

Page 2 of 20

599.

Because the allegations in paragraph 599 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 599. 600. Because the allegations in paragraph 600 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 600. 601. Because the allegations in paragraph 601 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 601. 602. Because the allegations in paragraph 602 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 602. 603. Because the allegations in paragraph 603 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 603. 604. Because the allegations in paragraph 604 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 604. 605. Because the allegations in paragraph 605 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 605. 606. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in the first sentence of paragraph 606. Insofar as the remaining allegations in

97073.1

82

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

Document 868-5

Filed 11/01/2005

Page 3 of 20

paragraph 606 are directed at him, Nacchio denies them. Insofar as the remaining allegations in paragraph 606 are directed at other Defendants, Nacchio lacks sufficient knowledge or information to admit or deny them. 607. Because the allegations in paragraph 607 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 607. 608. Because the allegations in paragraph 608 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 608. 609. Because the allegations in paragraph 609 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 609. 610. Because the allegations in paragraph 610 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 610. 611. Because the allegations in paragraph 611 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 611. 612. Because the allegations in paragraph 612 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 612.

97073.1

83

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

Document 868-5

Filed 11/01/2005

Page 4 of 20

613.

Because the allegations in paragraph 613 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 613. 614. Because the allegations in paragraph 614 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 614. 615. Because the allegations in paragraph 615 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 615. 616. Because the allegations in paragraph 616 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 616. 617. Because the allegations in paragraph 617 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 617. 618. Because the allegations in paragraph 618 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 618. 619. Because the allegations in paragraph 619 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 619. 620. Nacchio adopts and incorporates Qwest's Answer to paragraph 620.

97073.1

84

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

Document 868-5

Filed 11/01/2005

Page 5 of 20

621.

Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 621. 622. Insofar as the allegations in paragraph 622 are directed at Nacchio, he

denies them. Insofar as the allegations in paragraph 622 are directed at other Defendants, Nacchio lacks sufficient knowledge or information to admit or deny them. 623. Because the allegations in paragraph 623 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 623. 624. Because the allegations in paragraph 624 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 624. 625. Insofar as the allegations in paragraph 625 are directed at him, Nacchio

denies them. Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 625, insofar as they are directed at other Defendants. 626. Because the allegations in paragraph 626 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 626. 627. Because the allegations in paragraph 627 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio denies the allegations in paragraph 627. 628. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 628.

97073.1

85

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

Document 868-5

Filed 11/01/2005

Page 6 of 20

629.

Insofar as the allegations in paragraph 629 are directed at him, Nacchio

denies them. Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 629, insofar as they are directed at other Defendants. 630. 631. Nacchio denies the allegations in paragraph 630. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in the second sentence of paragraph 631. Nacchio denies the remaining allegations in paragraph 631. 632. Because the allegations in paragraph 632 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 632. 633. 634. Nacchio denies the allegations in paragraph 633. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in the last two sentences of paragraph 634. Nacchio denies all other allegations in paragraph 634. 635. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 635. 636. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 636. 637. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 637. 638. 639. Nacchio denies the allegations in paragraph 638. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 639.

97073.1

86

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

Document 868-5

Filed 11/01/2005

Page 7 of 20

640.

Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 640. 641. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 641. 642. 643. Nacchio denies the allegations in paragraph 642. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 643. 644. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 644. 645. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 645. 646. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 646. 647. 648. Nacchio denies the allegations in paragraph 647. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 648. 649. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 649. 650. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 650. 651. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 651.

97073.1

87

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

Document 868-5

Filed 11/01/2005

Page 8 of 20

652.

Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 652. 653. 654. Nacchio denies the allegations in paragraph 653. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 654. 655. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 655. 656. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 656. 657. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 657. 658. 659. Nacchio denies the allegations in paragraph 658. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 659. 660. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 660. 661. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 661. 662. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 662. 663. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 663. 664. Nacchio denies the allegations in paragraph 664.

97073.1

88

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

Document 868-5

Filed 11/01/2005

Page 9 of 20

665.

Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 665. 666. Nacchio admits that Morgan Stanley issued reports in which Qwest was

discussed, which speak for themselves, and respectfully refers the Court to the full documents for a complete understanding of their contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 666. 667. Nacchio denies the allegations in the first sentence of paragraph 667.

Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 667. 668. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 668. 669. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 669. 670. 671. Nacchio denies the allegations in paragraph 670. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 671. 672. The publicly filed document referred to in paragraph 672 speaks for itself.

Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 672. 673. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 673. 674. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 674.

97073.1

89

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

Document 868-5

Filed 11/01/2005

Page 10 of 20

675. 676.

Nacchio denies the allegations in paragraph 675. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 676. 677. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 677. 678. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 678. 679. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 679. 680. 681. Nacchio denies the allegations in paragraph 680. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 681. 682. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 682. 683. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 683. 684. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 684. 685. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 685. 686. 687. Nacchio denies the allegations in paragraph 686. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 687.

97073.1

90

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

Document 868-5

Filed 11/01/2005

Page 11 of 20

688.

Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 688. 689. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 689. 690. 691. Nacchio denies the allegations in paragraph 690. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 691. 692. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 692. 693. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 693. 694. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 694. 695. To the extent Plaintiff purports to rely on documents for the allegations in

paragraph 695, Nacchio respectfully refers the Court to the full documents for a complete understanding of their contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 695. 696. 697. Nacchio denies the allegations in paragraph 696. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 697. 698. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 698.

97073.1

91

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

Document 868-5

Filed 11/01/2005

Page 12 of 20

699.

Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 699. 700. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 700. 701. 702. Nacchio denies the allegations in paragraph 701. Because the allegations in paragraph 702 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 702. 703. Because the allegations in paragraph 703 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 703. 704. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 704. 705. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 705. 706. 707. Nacchio denies the allegations in paragraph 706. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 707. 708. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 708. 709. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 709.

97073.1

92

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

Document 868-5

Filed 11/01/2005

Page 13 of 20

710.

Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 710. 711. 712. Nacchio denies the allegations in paragraph 711. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 712. 713. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 713. 714. 715. Nacchio denies the allegations in paragraph 714. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 715. 716. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 716. 717. The document referred to in paragraph 717 speaks for itself, and Nacchio

respectfully refers the Court to the full press release for a complete understanding of its contents. Except as specifically referred to above, Nacchio denies the allegations in paragraph 717. 718. Because the allegations in paragraph 718 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio denies the allegations in paragraph 718. 719. Because the allegations in paragraph 719 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio denies the allegations in paragraph 719. 720. 721. Nacchio denies the allegations in paragraph 720. Nacchio denies the allegations in paragraph 721.

97073.1

93

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

Document 868-5

Filed 11/01/2005

Page 14 of 20

722.

Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 722. 723. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 723. 724. Because the allegations in paragraph 724 are directed at other Defendants,

no response is required. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 724. 725. 726. Nacchio denies the allegations in paragraph 725. The allegations in paragraph 726 state legal conclusions as to which no

response is required. To the extent that a response is deemed necessary, Nacchio denies the allegations in paragraph 726. 727. The allegations in paragraph 727 state legal conclusions as to which no

response is required. To the extent that a response is deemed necessary, Nacchio denies the allegations in paragraph 727. 728. 729. Nacchio adopts and incorporates Qwest's Answer to paragraph 728. The allegations in paragraph 729 state legal conclusions as to which no

response is required. To the extent that a response is deemed necessary, Nacchio denies the allegations in paragraph 729. 730. 731. 732. Nacchio denies the allegations in paragraph 730. Nacchio denies the allegations in paragraph 731. Nacchio admits that Morgan Stanley issued reports in which Qwest was

discussed, which speak for themselves, and respectfully refers the Court to the full documents for a complete understanding of their contents. Nacchio lacks sufficient knowledge or information

97073.1

94

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

Document 868-5

Filed 11/01/2005

Page 15 of 20

to admit or deny the remaining allegations in the first sentence of paragraph 732. The second sentence of paragraph 732 states a legal conclusion as to which no response is required. To the extent that a response is deemed necessary, Nacchio denies the allegations in the second sentence of paragraph 732. 733. Nacchio admits that Qwest hosted a conference call on June 20, 2001

during which he and Ms. Szeliga spoke. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 733 as to the specific contents thereof. 734. Nacchio admits that Qwest hosted a conference call on June 20, 2001

during which he and Ms. Szeliga spoke. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 734 as to the specific contents thereof. 735. The document purportedly quoted in paragraph 735 speaks for itself, and

Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. 736. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 736. 737. Nacchio admits that Morgan Stanley issued reports in which Qwest was

discussed, which speak for themselves, and respectfully refers the Court to the complete documents for a complete understanding of their contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 737. 738. Nacchio admits that Morgan Stanley issued reports in which Qwest was

discussed, which speak for themselves, and respectfully refers the Court to the full documents for a complete understanding of their contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 738.

97073.1

95

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

Document 868-5

Filed 11/01/2005

Page 16 of 20

739.

Nacchio denies the allegations in the first two sentences of paragraph 739.

Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 739. 740. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 740. 741. The press release referenced in paragraph 741 speaks for itself and

Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. The letter referenced in the third sentence of paragraph 741 speaks for itself, and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Except as specifically referenced above, Nacchio denies the remaining allegations in paragraph 741. 742. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 742. 743. The first sentence in paragraph 743 states a legal conclusion as to which

no response is required. To the extent that a response is deemed necessary, Nacchio denies the allegations in the first sentence in paragraph 743. Nacchio lacks sufficient knowledge or

information to admit or deny the remaining allegations in paragraph 743. 744. Nacchio admits that the Wall Street Journal published articles in which

Qwest was discussed, which speak for themselves, and respectfully refers the Court to the full documents for a complete understanding of their contents. Paragraph 744 also purports to quote from a document. That document speaks for itself and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. The last sentence of paragraph 744 states a legal conclusion as to which no response is required. To the extent that a response is

97073.1

96

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

Document 868-5

Filed 11/01/2005

Page 17 of 20

deemed necessary, Nacchio denies the allegations in the last sentence of paragraph 744. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 744. 745. Paragraph 745 states a legal conclusion as to which no response is

required. To the extent that a response is deemed necessary, Nacchio denies the allegations in paragraph 745. 746. Paragraph 746 states a legal conclusion as to which no response is

required. To the extent that a response is deemed necessary, Nacchio denies the allegations in paragraph 746. 747. 748. 749. 750. 751. Nacchio adopts and incorporates Qwest's Answer to paragraph 747. Nacchio adopts and incorporates Qwest's Answer to paragraph 748. Nacchio adopts and incorporates Qwest's Answer to paragraph 749. Nacchio adopts and incorporates Qwest's Answer to paragraph 750. Paragraph 751 states a legal conclusion as to which no response is

required. To the extent that a response is deemed necessary, Nacchio denies the allegations in paragraph 751. COUNT I (Against Qwest, Woodruff, Nacchio, Haines, Slater, Stephens, Szeliga, Alverado, and Hellman) VIOLATION OF SECTION 18 OF THE EXCHANGE ACT 752. paragraphs 1-751. 753. 754. Nacchio denies the allegations in paragraph 753. Nacchio lacks sufficient knowledge or information to admit or deny the Nacchio repeats and incorporates by reference his answers to

allegations in paragraph 754.
97073.1

97

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

Document 868-5

Filed 11/01/2005

Page 18 of 20

755. 756. 757. 758. 759. 760. 761. 762. 763.

Nacchio denies the allegations in paragraph 755. Nacchio denies the allegations in paragraph 756. Nacchio denies the allegations in paragraph 757. Nacchio denies the allegations in paragraph 758. Nacchio denies the allegations in paragraph 759. Nacchio denies the allegations in paragraph 760. Nacchio denies the allegations in paragraph 761. Nacchio denies the allegations in paragraph 762. Nacchio denies the allegations in paragraph 763. COUNT II (Against the Andersen Defendants) VIOLATION OF SECTION 18 OF THE EXCHANGE ACT

764. paragraphs 1-763. 765.

Nacchio repeats and incorporates by reference his answers to

No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 765. 766. No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 766. 767. No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 767. 768. No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 768. 769. No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 769.
97073.1

98

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

Document 868-5

Filed 11/01/2005

Page 19 of 20

770.

No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 770. 771. No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 771. 772. No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 772. 773. No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 773. 774. No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 774. 775. No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 775. 776. No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 776. COUNT III (Against Qwest and the Individual Defendants) VIOLATION OF SECTION 10(b) OF THE EXCHANGE ACT AND RULE 10b-5 777. 1-776. 778. Nacchio admits that Plaintiff purports to bring this claim pursuant to Nacchio repeats and incorporates by reference his answers to paragraphs

Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. Nacchio denies all other allegations in paragraph 778. 779. 780. Nacchio denies the allegations in paragraph 779. Nacchio denies the allegations in paragraph 780.

97073.1

99

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

Document 868-5

Filed 11/01/2005

Page 20 of 20

781.

Paragraph 781 states legal conclusions as to which no response is required.

To the extent that a response is deemed necessary, Nacchio denies the allegations in paragraph 781. 782. 783. 784. 785. Nacchio denies the allegations in paragraph 782. Nacchio denies the allegations in paragraph 783. Nacchio denies the allegations in paragraph 784. Nacchio denies the allegations in paragraph 785.

COUNT IV (Against the Andersen Defendants) VIOLATION OF SECTION 10(b) OF THE EXCHANGE ACT AND RULE 10b-5 786. paragraphs 1-785. 787. No response is required, as this claim and allegations are not alleged Nacchio repeats and incorporates by reference his answers to

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 787. 788. No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 788. 789. No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 789. 790. No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 790. 791. No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 791. 792. No response is required, as this claim and allegations are not alleged

against Nacchio. If a response is required, Nacchio denies the allegations in paragraph 792.

97073.1

100