Free Motion Hearing - District Court of Colorado - Colorado

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

Document 785

Filed 08/17/2005

Page 1 of 4

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: August 17, 2005 Courtroom Deputy, Ellen E. Miller FTR Recorder Courtroom A402

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

Michael J. Dowd Trig R. Smith X. Jay Alvarez

David R. Boyd Alfred P. Levitt Michael J. Barry Michael J. Hofmann David Mesiter Paul H. Schwazrtz

Defendant(s). UNITED STATES ATTORNEY' OFFICE FOR S THE DISTRICT OF COLORADO, Intervenor Plaintiff COURTROOM MINUTES HEARING: MOTIONS HEARING Court in session: 8:00 a.m. Court calls case. The Court requests that anyone who has not checked in with the Courtroom Deputy to do so. Listed above are those attorneys who addressed the Court. Discussion is held regarding the pending motions. William J. Leone

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

Document 785

Filed 08/17/2005

Page 2 of 4

It is ORDERED:

Lead Plaintiffs' MOTION REQUESTING THAT AN UNREDACTED VERSION OF THEIR MOTION TO COMPEL FURTHER RESPONSES TO PLAINTFFS' FIRST SET OF INTERROGATORIES AND CERTAIN EXHIBITS THERETO BE SEALED (Docket No. 679, Filed June 08, 2005) is GRANTED for reasons as stated on the record.

It is ORDERED:

Lead Plaintiffs' MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES (Docket No. 683, Filed June 10, 2005) is DENIED for reasons as stated on the record.

It is ORDERED:

Plaintiffs' MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES (REDACTED VERSION) (Docket No. 684, Filed June 10, 2005) is DENIED for reasons as stated on the record.

It is ORDERED:

Stichting' UNOPPOSED MOTION TO WITHDRAW DOCUMENT No. s 728 re: MOTION TO SEAL (Docket No. 776, Filed August 12, 2005) is GRANTED for reasons as stated on the record. Therefore, Stichting' MOTION TO SEAL (Docket No. 728 Filed July 01, 2005) is s WITHDRAWN.

It is ORDERED:

On behalf of the Intervenor, Mr. Leone notes there are basically three lists established of deponents, one being referred to as the " embargo list. Counsel shall confer before close of business August 19, 2005 regarding the three lists of anticipated depositions. It is ORDERED: By close of business AUGUST 22, 2005 the parties shall submit a JOINT STATUS REPORT by Lead plaintiffs, Defendants and Intervenor advising the Court of an agreed upon list of which depositions (excluding the " embargo list" shall go forward between now and September 30, ) 2005. To the extent possible, the Status Report shall also include the Deposition Schedule for these depositions to take place between now and September 30, 2005. Qwest' s MOTION FOR A PROTECTIVE ORDER PENDING RESOLUTION OF MOTION OF PROPOSED INTERVENOR (Docket No. 768, Filed August 04, 2005) is GRANTED IN PART and DENIED IN PART.

It is ORDERED:

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

Document 785

Filed 08/17/2005

Page 3 of 4

The Motion is GRANTED to the extent the Court will STAY all " contested depositions"until further discussion. It is ORDERED: United States Attorney' MOTION TO INTERVENE FOR THE s LIMITED PURPOSE OF SEEKING A STAY OF DISCOVERY (Docket No. 767, Filed August 03, 2005) is GRANTED to the extent that the United States Attorney' Office is designated as Intervenor Plaintiff. s

Mr. Boyd makes an Oral Motion to Withdraw Qwest Motion to Stay. With no objections, It is ORDERED: Mr. Boyd' ORAL MOTION TO WITHDRAW their Motion to Stay is s GRANTED, and Qwest' MOTION TO STAY (Docket No. 692, Filed June 14, 2005) is s WITHDRAWN.

It is ORDERED:

Plaintiffs' SECOND MOTION FOR AN ORDER COMPELLING THE PRODUCTION OF DOCUMENTS FROM DEFENDANTS QWEST, ANCHUTZ, SLATER, AND TEMPEST CONCERNING AN ADVICE OF COUNSEL DEFENSE , OR, IN THE ALTERNATIVE, PRECLUDING DEFENDANTS FROM ASSERTING AN ADVICE OF COUNSEL DEFENSE (Docket No. 686, Filed June 13, 2005) is HELD IN ABEYANCE.

Based on discussions held during this hearing, the prior Contention Interrogatories are deemed WITHDRAWN. As the United States Attorney General' Office is now a party in this case as Intervenor Plaintiff, s Mr. Leone shall be served with copies. Counsel are reminded that should a discovery dispute arise they are to first comply with D.C.COLO.LCivR 7.1A. If no agreement can be reached, counsel shall then establish a conference call adding Magistrate Judge Shaffer as the last connection. The Court will hear arguments and attempt to mediate a resolution. The Court will then advise the parties regarding the filing of a motion. Mr. Smith notes there have been discussions regarding three areas which counsel have been unable to resolve among themselves. Discussion is held regarding (1) Five 1999 IRU Contracts, (2) " Board Books" and (3) the CXT litigation file. The Court deems this as compliance with its standard procedure regarding conferring instructs counsel to brief these issues. and

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

Document 785

Filed 08/17/2005

Page 4 of 4

HEARING CONCLUDED.

Court in recess: 10:41 a.m. Total In-Court Time:

02:41