Free Motion Hearing - District Court of Colorado - Colorado

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

Document 832

Filed 09/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer

Civil Action No.: 01-cv-01451-REB-CBS
(Consolidated with Civil Action Nos. 01-cv-01472-REB-CBS, 01-cv-01527-REB-CBS, 01-cv01616-REB-CBS, 01-cv-01799-REB-CBS, 01-cv-01930-REB-CBS, 02-cv-00333-REB-CBS, 02-cv-00374-REB-CBS, 02-cv-00507-REB-CBS, 02-cv-00658-REB-CBS, 02-cv-00755-REB-CBS, 02-cv-00798-REB-CBS, 04-cv-00238-REB-CBS)

In re QWEST COMMUNICATIONS INTERNATIONAL, INC. SECURITIES LITIGATION Date: September 28, 2005 Courtroom Deputy, Ellen E. Miller

NEW ENGLAND HEALTH CARE, Employees Employees Pension Fund, on behalf of itself and all others similarly situated, et al, Plaintiff(s), v. QWEST COMMUNICATIONS INTERNATIONAL, INC., et al, COURTROOM MINUTES

Michael J. Dowd Scott H. Saham Thomas E. Egler Kip B. Shuman

David R. Boyd Alfred P. Levitt

HEARING: MOTIONS HEARING Court in Session: 10:56 a.m. Court calls case. Appearance of counsel who intend to address the Court: Michael J. Dowd, Scott H. Saham, Thomas E. Egler for the Plaintiffs and David R. Boyd and Alfred P. Levitt for Defendant Qwest, Tim Atkeson for Defendant Arthur Andersen. Also present but not addressing the Court: Kip B. Shuman, Jeff Almeida, Shelby H. Hunt, Holly Stein Sollod, Christopher J. W. Forrest, Frederick J. Baumann, James G. Stranch, III, Jane B. Stranch, Todd Harvey, Michael B. Carroll, Andrew J. Hefty, Marie E. Williams, Richard B. Caschette. Participating by telephone are Noah D. Genel, James D. Miller, Michael J. Barry, Richard L. Jacobson, Marguerite S. Dougherty, Jennifer L. Coon, James M. Lyons, Terrence C. Gill, Phillip L. Douglass, David L. Schwarz.

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

Document 832

Filed 09/28/2005

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Opening statements by the Court. In light of the posture of this case, the Court deems a Final Pretrial Conference premature, therefore, It is ORDERED: The FINAL PRETRIAL CONFERENCE set in this matter November 15, 2005, is VACATED.

Discussion is held regarding pending motions. It is ORDERED: Defendant Kozlowski' s MOTION TO QUASH ARTHUR ANDERSEN' NOTICE OF DEPOSITION OF JAMES KOZLOWSKI S AND REQUEST FOR PRODUCTION OF DOCUMENTS, OR IN THE ALTERNATIVE FOR PROTECTIVE ORDER (Docket No. 816, Filed September 21, 2005) is DENIED without Prejudice, with leave to re-file for reasons as stated on the record.

It is ORDERED:

Defendant Qwest' s MOTION TO STAY PRODUCTION OF PRIVILEGED DOCUMENTS PRODUCED TO GOVERNMENT PENDING REVIEW BY COURT OF APPEALS (Docket No. 791, Filed August 29, 2005) is GRANTED for reasons as stated on the record.

The Court will not require production of the documents that are the subject of the Motion to Stay. Production is stayed pending a decision by the Tenth Circuit Court of Appeals. The Court may revisit this issue should that decision making be prolonged for considerable time. The parties shall submit written STATUS REPORTS no later than NOVEMBER 16, 2005. Based upon those status reports, the Court will determine if an earlier date than December 31, 2005 may be established. In the Status Reports the parties should include what discovery each proposes to take and on what time table. Also to what extent meaningful expert reports can be developed absent certain depositions. To the extent there are depositions that can go forward, the Court extends the deadline to complete those noticed depositions to OCTOBER 31, 2005. The parties may contact chambers and the Court will revisit this deadline if the parties are unable to coordinate schedules for depositions. Mr. Atkeson notes the Arthur Anderson deposition of Mr. Kozlowski is tentatively set the first weekend in November.

It is ORDERED:

Plaintiffs' SECOND MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS From Defendants Qwest, Anschutz, Slater, and Tempest Concerning an Advice of Counsel Defense ... (Docket No. 686, Filed June

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

Document 832

Filed 09/28/2005

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13, 2005) is HELD IN ABEYANCE for reasons as stated on the record. After the responses to the Interrogatories are received, Plaintiffs will file a Supplemental Brief indicating to what extent the responses have impacted the Motion to Compel. Defendants may then file a Responsive Supplemental Brief.

In attendance at this hearing are also counsel in the " ERISA Case" . The Court inquires if there are any issues that need to be addressed concerning the " ERISA Case" and Mr. Carroll indicates there are no current issues.

HEARING CONCLUDES.

Court in recess:

11:30 a.m.

Total In-Court Time:

00:36