Free Discovery Hearing - District Court of Colorado - Colorado

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

Document 710

Filed 06/22/2005

Page 1 of 2

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: June 22, 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

Ray A. Mandlekar Thomas E. Egler

David L. Schwarz Alfred P. Levitt Noah Genel David Cook Jeff Smith

Defendant(s). COURTROOM MINUTES HEARING: TELEPHONIC DISCOVERY CONFERENCE Court in session: 9:04 a.m. Court calls case. Appearance of counsel. The Court is in receipt of correspondence regarding Defendants Anschutz and Slater' s Anticipated Motion to Strike or, in the Alternative , to Hold in Abeyance, Lead Plaintiffs' Second Motion to Compel Documents Concerning and Advice of Counsel. It is noted the Lead Plaintiffs have simultaneously filed an Objection to the Court' April 19, s 2005, Order and filed a Second Motion to Compel. The Objections are before Judge Blackburn.

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

Document 710

Filed 06/22/2005

Page 2 of 2

Mr. Schwarz notes the Defendants do not believe it is proper for Lead Plaintiffs to pursue the same relief on two different levels.

Mr. Schwarz expresses concerns that the Defendants response deadline to the Second Motion to Compel is potentially in advance of a ruling by Judge Blackburn regarding the objections to the First Motion to Compel. The Court notes if Judge Blackburn deems the decision to dismiss the (first)Motion to Compel without prejudice as premature was an incorrect decision, the (first)Motion to Compel may be returned to Magistrate Judge Shaffer' docket. The Court anticipates it would deny the s (first)Motion to Compel as moot in light of the filing of the Second Motion to Compel. Therefore, it is deemed the Defendants will eventually have to brief the issue in one circumstance or another. The Court will allow Defendants Anschutz and Slater to file a Motion to Stay or Hold in Abeyance briefing on the Second Motion to Compel if they believe that to be the best course of action.

The Court notes it had ordered that all the documents produced to the SEC have to be produced to the Lead Plaintiffs. The Court asks if that process has begun and have the individual defendants supplemented their 26(a) disclosures as required. Mr. Levitt advises the Court Qwest has filed objections, and a Motion to Stay Compliance with the Court' May 31 order pending a decision by Judge Blackburn. It is noted that Motion to Stay s was referred to Magistrate Judge Shaffer. The individual defendants have given supplemental Rule 26 disclosures identifying subject matter areas of advice.

HEARING CONCLUDED. Court in recess: 9:35 a.m. Total In-Court Time: 00:31