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

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additional response is required, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 114. 115. 116. Nacchio denies the allegations in paragraph 115. 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 further admits that he and certain other Qwest officers testified at those hearings. The transcripts of those hearings speak for themselves, and Nacchio respectfully refers the Court to the full transcripts for a complete understanding of their contents. Except as specifically admitted above, Nacchio denies the allegations in paragraph 116. 117. 118. 119. 120. Nacchio adopts and incorporates Qwest's Answer to paragraph 117. Nacchio denies the allegations in paragraph 118. Nacchio denies the allegations in paragraph 119. Nacchio denies the allegations in the first sentence of paragraph 120.

Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 120. 121. Nacchio admits that Fortune Magazine published articles in which Qwest

was discussed. Those articles speak for themselves and Nacchio respectfully refers the Court to the full documents for a complete understanding of their contents. To the extent that Plaintiff purports to quote a statement made by Nacchio, Nacchio respectfully refers the Court to the full document for a complete understanding of its content. Except as specifically admitted above, Nacchio denies the allegations in paragraph 121. 122. Nacchio denies the allegations in paragraph 122.

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123.

Nacchio denies the allegations in the first two sentences of paragraph 123.

Nacchio admits that the term "dark fiber" can refer to fiber optic cable that has been laid but that requires the attachment of electronics to be "lit." 124. 125. 126. Nacchio adopts and incorporates Qwest's Answer to paragraph 124. Nacchio adopts and incorporates Qwest's Answer to paragraph 125. The allegations in paragraph 126 are vague and ambiguous and,

accordingly, Nacchio lacks sufficient knowledge or information to admit or deny them. 127. Nacchio admits that an Indefeasible Right of Use ("IRU") is the exclusive

right to use a specified amount of capacity or fiber for a specified period of time. The allegations in the second sentence of paragraph 127 are vague and ambiguous and, accordingly, Nacchio lacks sufficient knowledge or information to admit or deny them. 128. Paragraph 128 purports to characterize FASB Statement No. 13. That

statement speaks for itself, and Nacchio respectfully refers the Court to the full FASB statement for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 128. 129. Paragraph 129 purports to characterize FASB Statement No. 13. That

statement speaks for itself, and Nacchio respectfully refers the Court to the full FASB statement for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 129. 130. Paragraph 130 purports to characterize FASB Statement No. 66. That

statement speaks for itself, and Nacchio respectfully refers the Court to the full FASB statement for a complete understanding of its contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 130.

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131.

Paragraph 131 purports to characterize FASB Statement No. 98 and SFAS

No. 13. Those statements speak for themselves, and Nacchio respectfully refers the Court to the full FASB and SFAS statements for a complete understanding of their contents. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 131. 132. 133. 134. Nacchio denies the allegations in paragraph 132. Nacchio adopts and incorporates Qwest's Answer to paragraph 133. Insofar as the allegations in paragraph 134 are directed towards Qwest, Insofar as the allegations in paragraph 134 are directed at

Nacchio denies them.

telecommunications companies other than Qwest, Nacchio lacks sufficient knowledge or information to admit or deny them. 135. 136. 137. 138. Nacchio denies the allegations in paragraph 135. Nacchio denies the allegations in paragraph 136. Nacchio denies the allegations in paragraph 137. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 138. 139. The allegations in paragraph 139 purport to characterize FASB

Interpretation No. 43. That FASB interpretation 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 139. 140. The allegations in paragraph 140 purport to characterize FASB

Interpretation No. 43. That FASB interpretation 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 140.

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141.

Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 141. 142. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 142. 143. 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 143. 144. 145. 146. Nacchio denies the allegations in paragraph 144. Nacchio denies the allegations in paragraph 145. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 146. 147. To the extent that Plaintiff purports to refer to a document in paragraph

147, 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 147. 148. The document purportedly quoted in paragraph 148 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 148. 149. The publicly filed document referenced in paragraph 149 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 149. 150. The publicly filed document referenced in paragraph 150 speaks for itself,

and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. Nacchio denies the remaining allegations in paragraph 150. 151. 152. Nacchio denies the allegations in paragraph 151. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in the first two sentences of paragraph 152. Nacchio admits that Qwest acquired IRUs from other telecommunications carriers. Nacchio denies the remaining allegations in paragraph 152. 153. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 153 154. Paragraph 154 purports to characterize APB Opinion No. 29. That

opinion 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 154. 155. The allegations in paragraph 155 are directed at Defendants other than

Nacchio and, accordingly, no response is necessary. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 155. 156. The allegations in paragraph 156 are directed at Defendants other than

Nacchio and, accordingly, no response is necessary. To the extent that a response is deemed necessary, Nacchio denies the allegations in paragraph 156.

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157.

The allegations in paragraph 157 are directed at Defendants other than

Nacchio and, accordingly, no response is necessary. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 157. 158. The allegations in paragraph 158 are directed at Defendants other than

Nacchio and, accordingly, no response is necessary. To the extent that a response is deemed necessary, Nacchio states that the so-called "White Paper" speaks for itself. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 158. 159. The allegations in paragraph 159 are directed at Defendants other than

Nacchio and, accordingly, no response is necessary. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 159. 160. The allegations in paragraph 160 are directed at Defendants other than

Nacchio and, accordingly, no response is necessary. To the extent that a response is deemed necessary, Nacchio lacks sufficient knowledge or information to admit or deny the allegations in paragraph 160. 161. 162. 163. Nacchio denies the allegations in paragraph 161. Nacchio denies the allegations in paragraph 162. The publicly filed documents referenced in paragraph 163 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 163. 164. Nacchio denies the allegations in paragraph 164.

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165. 166.

Nacchio denies the allegations in paragraph 165. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in the first sentence of paragraph 166. Insofar as the remaining allegations in paragraph 166 are directed at Qwest, Nacchio denies them. Insofar as the remaining allegations in paragraph 166 are directed at Global Crossing, Nacchio lacks sufficient knowledge or information to admit or deny them. 167. 168. 169. Nacchio denies the allegations in paragraph 167. Nacchio denies the allegations in paragraph 168. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 169. 170. 171. Nacchio denies the allegations in paragraph 170. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 171. 172. 173. Nacchio denies the allegations in paragraph 172. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 173. 174. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 174. 175. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 175. 176. 177. Nacchio denies the allegations in paragraph 176. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 177.

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178. 179. 180. 181. 182.

Nacchio denies the allegations in paragraph 178. Nacchio denies the allegations in paragraph 179. Nacchio denies the allegations in paragraph 180. Nacchio denies the allegations in paragraph 181. Nacchio admits that the New York Times published articles in which

Qwest was discussed, and Nacchio 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 182. 183. Paragraph 183 characterizes a New York Times article from March 2002,

which speaks for itself. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 183. 184. Paragraph 184 characterizes a New York Times article from March 2002,

which speaks for itself. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 184. 185. Paragraph 185 characterizes a New York Times article from March 2002,

which speaks for itself. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 185. 186. Paragraph 186 characterizes a New York Times article from March 2002,

which speaks for itself. Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 186. 187. 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

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Revenues?" Nacchio lacks sufficient knowledge or information to admit or deny the remaining allegations in paragraph 187. 188. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 188. 189. 190. 191. Nacchio denies the allegations in paragraph 189. Nacchio adopts and incorporates Qwest's Answer to paragraph 190. Nacchio admits that Fortune Magazine published articles in which Qwest

was discussed, and respectfully refers the Court to the full articles for a complete understanding of their contents. Nacchio denies the remaining allegations in paragraph 191. 192. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 192. 193. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 193. 194. 195. Nacchio denies the allegations in paragraph 194. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 195. 196. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 196. 197. 198. Nacchio denies the allegations in paragraph 197. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 198. 199. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 199.

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200. 201.

Nacchio denies the allegations in paragraph 200. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 201. 202. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 202. 203. 204. Nacchio denies the allegations in paragraph 203. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 204. 205. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 205. 206. 207. Nacchio denies the allegations in paragraph 206. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 207. 208. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 208. 209. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 209. 210. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 210. 211. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 211. 212. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 212.

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213. 214. 215. 216. 217.

Nacchio denies the allegations in paragraph 213. Nacchio denies the allegations in paragraph 214. Nacchio denies the allegations in paragraph 215. Nacchio denies the allegations in paragraph 216. Nacchio denies the last sentence of paragraph 217 and lacks sufficient

knowledge or information to admit or deny the remaining allegations in paragraph 217. 218. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 218. 219. 220. Nacchio denies the allegations in paragraph 219. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 220. 221. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 221. 222. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 222. 223. 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 admits that Ms. Szeliga testified during the hearings. Ms. Szeliga's testimony speaks for itself, and Nacchio respectfully refers the Court to the full testimony for a complete understanding of its contents. Nacchio denies the remaining allegations in paragraph 223. 224. Nacchio denies the allegations in paragraph 224.

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225.

Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 225. 226. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 226. 227. Nacchio lacks sufficient knowledge or information to admit or deny the Nacchio denies the remaining

allegations in the first four sentences of paragraph 227. allegations in paragraph 227. 228.

Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 228. 229. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 229. 230. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 230. 231. Nacchio admits that the Rocky Mountain News published articles in which

Qwest was discussed, 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 231. 232. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 232. 233. 234. 235. Nacchio denies the allegations in paragraph 233. Nacchio adopts and incorporates Qwest's Answer to paragraph 234. Nacchio adopts and incorporates Qwest's Answer to paragraph 235.

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236.

Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in the first sentence of paragraph 236. Nacchio denies the allegations in the second and third sentences of paragraph 236. 237. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 237. 238. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 238. 239. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 239. 240. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 240. 241. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 241. 242. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 242. 243. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 243. 244. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 244. 245. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 245. 246. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 246.

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247.

Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 247. 248. 249. Nacchio denies the allegations in paragraph 248. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 249. 250. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 250. 251. Nacchio denies the allegations in the first sentence of paragraph 251. The

publicly filed document referred to in paragraph 251 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 allegations in paragraph 251. 252. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 252. 253. Plaintiff purports to characterize the requirements of GAAP in the first

sentence of paragraph 253. Nacchio respectfully refers the Court to the complete set of GAAP provisions for an understanding of its contents and requirements. Plaintiff purports to

characterize the contract between Qwest and Genuity in the allegations in paragraph 253, and Nacchio respectfully refers the Court to the full contract for a complete understanding of its terms. 254. Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 254. 255. Nacchio adopts and incorporates Qwest's Answer to paragraph 255.

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256.

Nacchio lacks sufficient knowledge or information to admit or deny the

allegations in paragraph 256. 257. 258. Nacchio denies the allegations in paragraph 257. Nacchio denies the allegations in the first sentence of paragraph 258. The

publicly filed documents referred to in paragraph 258 speak for themselves, 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 allegations in paragraph 258. 259. 260. Nacchio denies the allegations in paragraph 259. The publicly filed document quoted in paragraph 260 speaks for itself. To

the extent that any additional response is required, Nacchio lacks sufficient information or knowledge to admit or deny the remaining allegations in paragraph 260. 261. 262. paragraph 262. 263. paragraph 263. 264. To the extent Plaintiff appears to quote from a document in paragraph 264, Nacchio lacks sufficient information to admit or deny the allegations in Nacchio adopts and incorporates Qwest's Answer to paragraph 261. Nacchio lacks sufficient information to admit or deny the allegations in

that document speaks for itself, and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. To the extent Plaintiff purports to delineate the requirements for GAAP in the third sentence of paragraph 264, Nacchio respectfully refers the Court to the full set of GAAP provisions for a complete understanding of its contents and requirements. Except as stated above, Nacchio denies the allegations in paragraph 264.

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265.

To the extent Plaintiff purports to delineate the requirements for GAAP,

Nacchio respectfully refers the Court to the full set of GAAP provisions for a complete understanding of its contents and requirements. Nacchio lacks sufficient information to admit or deny the remaining allegations in paragraph 265. 266. paragraph 266. 267. paragraph 267. 268. paragraph 268. 269. To the extent Plaintiff purports to delineate the requirements for GAAP, Nacchio lacks sufficient information to admit or deny the allegations in Nacchio lacks sufficient information to admit or deny the allegations in Nacchio lacks sufficient information to admit or deny the allegations in

Nacchio respectfully refers the Court to the full set of GAAP provisions for a complete understanding of its contents and requirements. Nacchio lacks sufficient information to admit or deny the remaining allegations in paragraph 269. 270. paragraph 270. 271. paragraph 271. 272. paragraph 272. 273. paragraph 273. Nacchio lacks sufficient information to admit or deny the allegations in Nacchio lacks sufficient information to admit or deny the allegations in Nacchio lacks sufficient information to admit or deny the allegations in Nacchio lacks sufficient information to admit or deny the allegations in

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274. paragraph 274. 275. paragraph 275. 276. paragraph 276. 277.

Nacchio lacks sufficient information to admit or deny the allegations in

Nacchio lacks sufficient information to admit or deny the allegations in

Nacchio lacks sufficient information to admit or deny the allegations in

To the extent Plaintiff purports to delineate the requirements for GAAP,

Nacchio respectfully refers the Court to the full set of GAAP provisions for a complete understanding of its contents and requirements. Nacchio lacks sufficient information to admit or deny the remaining allegations in paragraph 277. 278. To the extent Plaintiff purports to delineate the requirements for GAAP,

Nacchio respectfully refers the Court to the full set of GAAP provisions for a complete understanding of its contents and requirements. Nacchio lacks sufficient information to admit or deny the remaining allegations in paragraph 278. 279. To the extent Plaintiff purports to delineate the requirements for GAAP,

Nacchio respectfully refers the Court to the full set of GAAP provisions for a complete understanding of its contents and requirements. Nacchio lacks sufficient information to admit or deny the remaining allegations in paragraph 279. 280. paragraph 280. 281. paragraph 281. Nacchio lacks sufficient information to admit or deny the allegations in Nacchio lacks sufficient information to admit or deny the allegations in

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282. paragraph 282. 283. paragraph 283. 284. paragraph 284. 285. paragraph 285. 286. paragraph 286. 287.

Nacchio lacks sufficient information to admit or deny the allegations in

Nacchio lacks sufficient information to admit or deny the allegations in

Nacchio lacks sufficient information to admit or deny the allegations in

Nacchio lacks sufficient information to admit or deny the allegations in

Nacchio lacks sufficient information to admit or deny the allegations in

To the extent Plaintiff purports to delineate the requirements for GAAP,

Nacchio respectfully refers the Court to the full set of GAAP provisions for a complete understanding of its contents and requirements. Nacchio lacks sufficient information to admit or deny the remaining allegations in paragraph 287. 288. paragraph 288. 289. paragraph 289. 290. The publicly filed document referenced in paragraph 290 speaks for itself, Nacchio lacks sufficient information to admit or deny the allegations in Nacchio lacks sufficient information to admit or deny the allegations in

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 290.

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291.

The documents referred to in paragraph 291 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 291. 292. 293. paragraph 293. 294. paragraph 294. 295. Nacchio lacks sufficient information to admit or deny the allegations in Nacchio lacks sufficient information to admit or deny the allegations in Nacchio denies the allegations in paragraph 292. Nacchio lacks sufficient information to admit or deny the allegations in

paragraph 295. To the extent that the allegations are based on an indictment issued by a grand jury, Nacchio respectfully refers the Court to the full document for an understanding of the charges against the defendants therein. 296. paragraph 296. 297. paragraph 297. 298. paragraph 298. 299. paragraph 299. 300. paragraph 300. Nacchio lacks sufficient information to admit or deny the allegations in Nacchio lacks sufficient information to admit or deny the allegations in Nacchio lacks sufficient information to admit or deny the allegations in Nacchio lacks sufficient information to admit or deny the allegations in Nacchio lacks sufficient information to admit or deny the allegations in

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301. paragraph 301. 302.

Nacchio lacks sufficient information to admit or deny the allegations in

The publicly filed document purportedly quoted in paragraph 302 speaks

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

remaining allegations in paragraph 302. 303. 304. 305. Nacchio denies the allegations in paragraph 303. Nacchio denies the allegations in paragraph 304. The publicly filed document purportedly quoted in paragraph 305 speaks

for itself and Nacchio respectfully refers the Court to the full document for a complete understanding of its contents. 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 305. 306. 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 306. 307. 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 307.

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