Free Notice of Entry of Appearance - District Court of Colorado - Colorado

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

Document 1114

Filed 04/23/2008

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IN THE UNITED STATES DISTRICT COUT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 01-cv-1451-REB-KLM (Consolidated with Civil Action Nos. 01-cv-1472, 01-cv-1527, 01-cv-1616, 01-cv-1799, 01-cv-1930, 01-cv-2083, 02-cv-333, 02-cv-374, 02-cv-507, 02-cv-658, 02-cv-755, and 02-cv-798) In re QWEST COMMUNICATIONS INTERNATIONAL INC. SECURITIES LITIGATION

NOTICE OF APPEARANCE NOTICE IS HEREBY GIVEN that the SHRINERS HOSPITALS FOR CHILDREN, a Colorado corporation, hereby appears in the above consolidated action by and through the undersigned counsel, who have been retained as attorneys for the said SHRINERS HOSPITALS FOR CHILDREN, and request that all papers in this consolidated action be served on us at our addresses set forth below. The grounds justifying our appearance in this consolidated action are as follows: Prior to the filing of this Notice of Appearance the SHRINERS HOSPITALS FOR CHILDREN filed two Civil Actions (04-cv-00781 and 06-cv-02189) in this Court against Qwest Communications International Inc. and others. After various Court proceedings transpired in connection with the said two prior actions, those cases were settled and compromised by means of a negotiated settlement agreement which provided for a General Release against all defendants in the said two prior actions with the exception of defendant Joseph P. Nacchio (hereinafter "NACCHIO"), and with the exception of Robert Woodruff (hereinafter "WOODRUFF"), who was not a party to the two prior actions. Paragraph 6 of the said settlement agreement reads as follows:

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

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Filed 04/23/2008

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"*** Nothing in this Settlement Agreement shall preclude or limit Shriners as a putative class member from recovering monies recovered by Lead Plaintiffs in the Qwest Class Action as a result of any settlement by Lead Plaintiffs with, or judgment by Lead Plaintiffs against defendants Joseph Nacchio or Robert Woodruff in the Qwest Class Action***" The prior class settlement also contained the following restrictive clauses: "*** the Class will not settle any claim or judgment against a Non-Settling Defendant without obtaining from the Non-Settling Defendant the release of any and all claims the Non-Settling Defendant may have against any of the Released Persons based on, arising out of, relating to, or in connection with the Released Claims or the subject matter thereof." *** "*** To the extend (but only to the extent) not covered by the Reform Act Bar Order and/or the Complete Bar Order, the Lead Plaintiffs, on behalf of themselves and the Class, further agree that they will reduce or credit any settlement or judgment (up to the amount of such settlement or judgment) they may obtain against a Non-Settling Defendant by an amount equal to the amount of any settlement or final, non-appealable judgment against a Non-Settling Defendant may obtain against any of the Released Persons based on, arising out of, relating to, or in connection with the Released Claims or the subject matter thereof." A proposed Class Settlement, which did not include any settlement with defendants NACCHIO and WOODRUFF was approved by the District Court over objections of defendants NACCHIO and WOODRUFF.

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

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NACCHIO and WOODRUFF appealed the prior approval of the proposed class settlement. The Court of Appeals for the Tenth Circuit remanded the proceedings to the District Court for the District Court to determine, by further investigation, whether the prior approval of the proposed settlement by the District Court was appropriate under all the facts and circumstances. The SHRINERS HOSPITALS FOR CHILDREN has a vital interest in these remand proceedings because the position of the defendants NACCHIO and WOODRUFF in the pending class action will have a vital bearing on the amount of any settlement or judgment rendered against these defendants. Accordingly the said SHRINERS HOSPITALS FOR CHILDREN hereby appears in the above-entitled action. DATED: April 23, 2008 Respectfully submitted, s/ I. Walton Bader, LLP_______ BADER & BADER, LLP. Attorneys for Plaintiff 50 Main Street, 10th Floor Suite 10000 PMB 1029 White Plains, NY 10606 Phone Number: (914) 682-0072 Fax Number: (914) 682-0072 s/ Charles G. Michaels________ CHARLES G. MICHAELS Local Attorney for Plaintiff 9820 East Grand Avenue Greenwood Village, CO 80111-3620 Phone Number: (303) 837-0800

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Fax Number: (303) 484-4737 [email protected]

CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of April, 2008, a copy of the foregoing "NOTICE OE APPEARANCE" was electronically filed with the Clerk of the Court using the USDC CM/ECF system, which will send notification of such filing to the following e-mail addresses: X. Jay Alvarez Timothy G. Atkeson [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Counsel for Lead Plaintiffs Counsel for Defendants Arthur Andersen & Iwan

Jeffrey A. Berens Terry W. Bird Spencer A. Burkholz Kwame A. Clement David l. Cook Jennifer L. Coon

[email protected] [email protected] [email protected] [email protected]

Local Counsel for Lead Plaintiffs Counsel for Defendant Szeliga Counsel for Lead Plaintiffs Counsel for Defendants Arthur Andersen & Iwan Counsel for Defendant Woodruff Counsel for Defendant Szeliga Counsel for Plaintiff New Jersey Dept. of Treasury Counsel for Lead Plaintiffs

Merrill G. Davidoff

Michael J. Dowd

[email protected]

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Mark T. Drooks Stephanie E. Dunn Thomas Egler Kevin D. Evans

[email protected] [email protected] [email protected] [email protected] [email protected]

John A. Freedman

[email protected]

Terence C. Gill

[email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

Marcy M. Heronimus

Michael J. Hofman

Kevin B. Huff Gary M. Kramer Vincent J. Marella David Meister Charles G. Michaels James D. Miller Robert N. Miller Edward S. Nathan James E. Nesland

[email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

[email protected] [email protected] [email protected] [email protected]

Counsel for Defendant Szeliga Counsel for Defendant Smith Counsel for Lead Plaintiffs Counsel for Defendant J. Kozlowski in SEC matter Counsel for Defendants Arthur Andersen & Iwan Local Counsel for Qwest Communications Int. Inc. Local Counsel for Qwest Communications Intl. Inc. Counsel for Defendants Anschutz & Slater Counsel for M. Schumacher Counsel for Schumacher Counsel for Defendant Szeliga Counsel for Defendant Woodruff Local Counsel for Shriner's Hospital For Children Counsel for Defendant Smith Counsel for Defendant Smith Counsel for Defendant Nacchio Counsel for Defendant Tempest

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Elissa J. Preheim

[email protected]

Kimberly W. Price Thomas V. Reichert Scott Saham Scott Schreiber

[email protected] [email protected] [email protected] [email protected]

Paul H. Schwartz David L Schwartz

[email protected] [email protected]

Joel M. Silverstein Jeffrey A. Smith Jeffrey Speiser Herbert J. Stern

[email protected] [email protected] [email protected] [email protected]

Counsel for Defendants Arthur Andersen & Iwan Counsel for Defendant Woodruff Counsel for Defendant Szeliga Counsel for Lead Plaintiffs Counsel for Defendants Arthur Andersen & Iwan Counsel for Defendant Tempest Counsel for Defendants Anschutz & Slater Counsel for Defendant Nacchio Counsel for Defendant Tempest Counsel for Defendant Nacchio Counsel for Defendant Nacchio

and, I also certify that I have served same by depositing in the U.S. Mail, firstclass postage prepaid, addressed to the following:

I. Walton Bader Bader & Bader, LLP 50 Main Street #1000 PMB 1029 White Plains, NY 10601

s/ Charles G. Michaels

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