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

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308.

Nacchio admits on information and belief that Qwest entered into an

agreement with KMC, and states that the agreement between Qwest and KMC speaks for itself. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 308. 309. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 309. 310. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 310. 311. 312. Nacchio denies the allegations in paragraph 311. The publicly filed document purportedly quoted in paragraph 312 speaks

for itself and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 312. 313. Nacchio denies the allegations in the first and last sentences of paragraph

313. Nacchio admits on information and belief that Qwest entered into an agreement with Calpoint LLP, which speaks for itself. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 313. 314. Nacchio lacks sufficient knowledge and information to admit or deny the

allegations in paragraph 314. 315. The publicly filed document purportedly quoted in paragraph 315 speaks

for itself, and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 315.

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316. 317.

Nacchio denies the allegations in paragraph 316. Nacchio admits that the Denver Post published articles in which Qwest

was discussed, and respectfully refers the Court to the full articles for a complete understanding of their contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 317. 318. The publicly filed documents purportedly quoted in paragraph 318 speak

for themselves, and Nacchio respectfully refers the Court to the full documents for a complete understanding of their contents. Except as specifically referenced above, Nacchio denies the allegations in paragraph 318. 319. Nacchio admits that the Denver Post has published articles in which

Qwest was discussed. Those documents speak for themselves, and 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 specific quotations from the documents to which Plaintiff refers. Except as specifically admitted above, Nacchio denies the allegations in paragraph 319. 320. Nacchio admits that Morgan Stanley issued reports in which Qwest was

discussed, 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 320. 321. 322. Nacchio denies the allegations in paragraph 321. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 322.

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323.

Nacchio admits that SSB issued reports in which Qwest was discussed,

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 323. 324. 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 allegations in paragraph 324 as to the specific content thereof. To the extent the allegations in paragraph 324 refer to documents, Nacchio respectfully refers the Court to the full documents for a complete understanding of their contents. 325. 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 allegations in paragraph 325 as to the specific content thereof. 326. 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 allegations in paragraph 326 as to the specific content thereof. 327. Nacchio admits that the United States House of Representatives

Committee on Energy and Commerce held hearings on September 24 and October 1, 2002 entitled "Capacity Swaps by Global Crossing and Qwest: Sham Transactions Designed to Boost Revenues?" Nacchio respectfully refers the Court to the full transcript for a complete Except as specifically admitted above, Nacchio denies the

understanding of the hearings. allegations in paragraph 327. 328.

The publicly filed document purportedly quoted in paragraph 328 speaks

for itself, and Nacchio respectfully refers the Court to the full public filing for a complete

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understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 328. 329. 330. 331. Nacchio denies the allegations in paragraph 329. Nacchio denies the allegations in paragraph 330. The publicly filed document purportedly quoted in paragraph 331 speaks

for itself, and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient information or knowledge to admit or deny the remaining allegations in paragraph 331. 332. The allegations in paragraph 332 purport to characterize SFAS No. 121

and SFAS No. 144. Those statements speak for themselves, and Nacchio respectfully refers the Court to the full statements for a complete understanding of their contents. Nacchio lacks sufficient information or knowledge to admit or deny the remaining allegations in paragraph 332. 333. The allegations in paragraph 333 purport to characterize SFAS No. 121.

That statement speaks for itself, and Nacchio respectfully refers the Court to the full statement for a complete understanding of its contents. Nacchio lacks sufficient information or knowledge to admit or deny the remaining allegations in paragraph 333. 334. The allegations in paragraph 334 purport to characterize SFAS No. 121.

That statement speaks for itself, and Nacchio respectfully refers the Court to the full statement for a complete understanding of its contents. Nacchio lacks sufficient information or knowledge to admit or deny the remaining allegations in paragraph 334. 335. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 335.

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336.

Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 336. 337. 338. 339. 340. Nacchio denies the allegations in paragraph 337. Nacchio denies the allegations in paragraph 338. Nacchio adopts and incorporates Qwest's Answer to paragraph 339. Nacchio denies the allegations in the first two sentences of paragraph 340.

The publicly filed document purportedly quoted in paragraph 340 speaks for itself, and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 340. 341. Nacchio denies the allegations in the first sentence of paragraph 341. The

press release purportedly quoted in paragraph 341 speaks for itself, and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 341. 342. The press release purportedly quoted in paragraph 342 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 342. 343. Nacchio admits that Qwest hosted a conference call on July 6, 2000 at

which he spoke. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 343 as to the specific contents thereof. 344. Nacchio denies the allegations in paragraph 344.

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345.

The publicly filed document purportedly quoted in paragraph 345 speaks

for itself, and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 345. 346. The publicly filed document referenced in paragraph 346 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 346. 347. The publicly filed document quoted in paragraph 347 speaks for itself, and

Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 347. 348. The publicly filed documents referenced in paragraph 348 speak for

themselves, and 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 348. 349. Nacchio admits that the Denver Post published articles in which Qwest

was discussed, 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 349. 350. Nacchio denies the first and third sentences of paragraph 350. The

publicly filed document purportedly quoted in paragraph 350 speaks for itself, and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents.

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Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 350. 351. The publicly filed document referenced in paragraph 351 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 351. 352. The publicly filed document referenced in paragraph 352 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 352. 353. The publicly filed document referenced in paragraph 353 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 353. 354. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 354. 355. 356. 357. Nacchio denies the allegations in paragraph 355. Nacchio denies the allegations in paragraph 356. Nacchio denies the allegations in the first sentence of paragraph 357. The

publicly filed documents referred to in paragraph 357 speak for themselves, and 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 357.

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358. 359. 360.

Nacchio denies the allegations in paragraph 358. Nacchio denies the allegations in paragraph 359. The document purportedly quoted in paragraph 360 speaks for itself, and

Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 360. 361. 362. Nacchio denies the allegations in paragraph 361. 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 complete documents for a full understanding of their contents. Nacchio lacks sufficient

knowledge or information to admit or deny the remaining allegations in paragraph 362. 363. in paragraph 363. 364. 365. Nacchio denies the allegations in paragraph 364. The publicly filed documents referred to in paragraph 365 speak for Nacchio lacks knowledge or information to admit or deny the allegations

themselves, and Nacchio respectfully refers the Court to the full documents for a complete understanding of their contents. Except as specifically referenced above, Nacchio denies the allegations in paragraph 365. 366. The publicly filed document referenced in paragraph 366 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio admits that he signed a Form 10-K405 for 1999 either personally or through a power of attorney. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 366.

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367.

The publicly filed document referenced in paragraph 367 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 367. 368. 369. Nacchio denies the allegations in paragraph 368. The publicly filed document referred to in paragraph 369 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 369. 370. The publicly filed document referred to in paragraph 370 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 370. 371. The publicly filed document referred to in paragraph 371 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 371. 372. 373. Nacchio denies the allegations in paragraph 372. The publicly filed document referred to in paragraph 373 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 373.

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374.

The publicly filed document referred to in paragraph 374 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 374. 375. The publicly filed document referred to in paragraph 375 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 375. 376. 377. Nacchio denies the allegations in paragraph 376. The publicly filed document referred to in paragraph 377 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 377. 378. The publicly filed document referred to in paragraph 378 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 378. 379. The publicly filed document referred to in paragraph 379 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 379. 380. The publicly filed document referred to in paragraph 380 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of

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its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 380. 381. 382. Nacchio denies the allegations in paragraph 381. The publicly filed document referred to in paragraph 382 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio admits that he signed Qwest's Form 10-K for 2000 either personally or through a power of attorney. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 382. 383. The publicly filed document referred to in paragraph 383 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 383. 384. The publicly filed document referred to in paragraph 384 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 384. 385. The publicly filed document referred to in paragraph 385 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 385. 386. 387. Nacchio denies the allegations in paragraph 386. The publicly filed document referred to in paragraph 387 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of

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its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 387. 388. The publicly filed document referred to in paragraph 388 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 388. 389. The publicly filed document referred to in paragraph 389 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 389. 390. The publicly filed document referred to in paragraph 390 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 390. 391. The publicly filed document referred to in paragraph 391 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 391. 392. 393. Nacchio denies the allegations in paragraph 392. The publicly filed document referred to in paragraph 393 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 393.

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394.

The publicly filed document referred to in paragraph 394 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 394. 395. The publicly filed document referred to in paragraph 395 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 395. 396. The publicly filed document referred to in paragraph 396 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 396. 397. The publicly filed document referred to in paragraph 397 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 397. 398. The publicly filed document referred to in paragraph 398 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 398. 399. 400. Nacchio denies the allegations in paragraph 399. The publicly filed document referred to in paragraph 400 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of

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its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 400. 401. The publicly filed document referred to in paragraph 401 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 401. 402. The publicly filed document referred to in paragraph 402 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 402. 403. The publicly filed document referred to in paragraph 403 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 403. 404. The publicly filed document referred to in paragraph 404 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 404. 405. 406. Nacchio denies the allegations in paragraph 405. The publicly filed document referred to in paragraph 406 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio admits that he signed Qwest's 2001 Form 10-K405 either personally or

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through a power of attorney. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 406. 407. The publicly filed document referred to in paragraph 407 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 407. 408. The publicly filed document referred to in paragraph 408 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 408. 409. The publicly filed document referred to in paragraph 409 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 409. 410. The publicly filed document referred to in paragraph 410 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 410. 411. The publicly filed document referred to in paragraph 411 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 411.

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412.

The publicly filed document referred to in paragraph 412 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 412. 413. The publicly filed document referred to in paragraph 413 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 413. 414. 415. Nacchio denies the allegations in paragraph 414. The publicly filed document referred to in paragraph 415 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 415. 416. The publicly filed document referred to in paragraph 416 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 416. 417. The publicly filed document referred to in paragraph 417 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 417. 418. 419. Nacchio denies the allegations in paragraph 418. Nacchio adopts and incorporates Qwest's Answer to paragraph 419.

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420.

The document referenced in paragraph 420 speaks for itself, and Nacchio

respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 420. 421. The document referenced in paragraph 421 speaks for itself, and Nacchio

respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 421. 422. To the extent Plaintiff purports to quote Nacchio from a document, that

document to which Plaintiff refers speaks for itself and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient

knowledge or information to admit or deny the remaining allegations in paragraph 422. 423. The document purportedly quoted in paragraph 423 speaks for itself, and

Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 423. 424. 425. Nacchio denies the allegations in paragraph 424. The document referenced in paragraph 425 speaks for itself, and Nacchio

respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 425. 426. The document referenced in paragraph 426 speaks for itself, and Nacchio

respectfully refers the Court to the full document for a complete understanding of its contents.

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Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 426. 427. To the extent Plaintiff purports to quote Nacchio from a document, that

document to which Plaintiff refers speaks for itself and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient

knowledge or information to admit or deny the remaining allegations in paragraph 427. 428. The document referenced in paragraph 428 speaks for itself, and Nacchio

respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 428. 429. The document referenced in paragraph 429 speaks for itself, and Nacchio

respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 429. 430. The document referenced in paragraph 430 speaks for itself, and Nacchio

respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 430. 431. 432. Nacchio denies the allegations in paragraph 431. The document referenced in paragraph 432 speaks for itself,, and Nacchio

respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 432.

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433.

The document referenced in paragraph 433 speaks for itself, and Nacchio

respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 433. 434. To the extent Plaintiff purports to quote Nacchio from a document, that

document to which Plaintiff refers speaks for itself and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient

knowledge or information to admit or deny the remaining allegations in paragraph 434. 435. The document purportedly quoted in paragraph 435 speaks for itself, and

Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 435. 436. The document referenced in paragraph 436 speaks for itself, and Nacchio

respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 436. 437. The document purportedly quoted in paragraph 437 speaks for itself, and

Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 437. 438. 439. Nacchio denies the allegations in paragraph 438. The document referenced in paragraph 439 speaks for itself, and Nacchio

respectfully refers the Court to the full document for a complete understanding of its contents.

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Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 439. 440. The document referenced in paragraph 440 speaks for itself, and Nacchio

respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 440. 441. To the extent Plaintiff purports to quote Nacchio from a document, that

document to which Plaintiff refers speaks for itself and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient

knowledge or information to admit or deny the remaining allegations in paragraph 441. 442. The document purportedly quoted in paragraph 442 speaks for itself, and

Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 442. 443. The document purportedly quoted in paragraph 443 speaks for itself, and

Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 443. 444. The document purportedly quoted in paragraph 444 speaks for itself, and

Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 444. 445. Nacchio denies the allegations in paragraph 445.

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