Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

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

Document 1066

Filed 10/12/2006

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IN THE UNITED STATED DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 01-cv-1451-REB-CBS
(Consolidated with Civil Action Nos. 01-cv-1472-REB-CBS, 01-cv-1527-REB-CBs, 01cv-1616-REB-CBS, 01-cv-1799, REB-CBS, 01-cv-1930-REB-CBS, 01-cv-2083-REBCBS, 02-cv-0333-REB-CBS, 02-cv-0374-REB-CBS, 02-cv-0507-REB-CBS, 02-cv-0658REB-CBS, 02-cv-755-REB-CBS, 02-cv-798-REB-CBS and 04-cv-0238-REB-CBS)

In re QWEST COMMUNICATIONS INTERNATIONAL, INC. SECURITIES LITIGATION

MOTION BY INTERVENORS/OBJECTORS FLANAGAN and REINER to RE-OPEN ADMINISTRATIVE PROCEEDINGS and FOR LEAVE to FILE MOTION FOR AWARD OF FEES and COSTS

INTERVENORS/OBJECTORS Margaret M. Flanagan and Charles B. Reiner (hereinafter "Flanagan Objectors"), by and through the undersigned counsel, hereby move the Court to re-open administrative proceedings and for leave to file their motion for an award of attorney's fees and costs. In support thereof, the undersigned states as follows: 1. On September 29, 2006, this Court entered several rulings, giving

final approval for partial settlement of this matter, awarding Lead Plaintiffs' Counsel ("Class Counsel") attorney's fees and partially sustaining objections made by the Flanagan Objectors and others. On the same day, this Court entered a judgment for the Class and entered an order administratively closing the case, pursuant to Local Rule 42.2 (Docket 1054). The Court stated that any party might seek to lift the administrative closure upon a showing of good cause.

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

Document 1066

Filed 10/12/2006

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2.

Statement Pursuant to Local Rule 7.1:

On October 06, 2006, the

undersigned counsel wrote to Class Counsel with copies to defendant counsel and counsel for the other objectors asking whether Class Counsel would object if the Flanagan Objectors filed a motion to lift the administrative stay and to subsequently file a motion for attorney's fees. Attorney Mike Dowd of Lerach Coughlin, e-mailed the following response: "Lead plaintiffs have no objection to the Flanagan Objectors filing a motion seeking an order lifting the stay for the limited purpose of allowing Objectors to file a motion seeking attorneys' fees and related expenses in connection with their Objections to Plaintiffs' Motion for Attorneys' Fees and Reimbursement of Expenses. Plaintiffs do note, however, that they intend to oppose any such request for attorneys' fees and expenses by Objectors, if this Court lifts the stay to permit the filing of such a motion" 3. Flanagan Objectors contend that the contribution their counsel

made to the adversarial proceeding in which this Court could evaluate the fairness of the requested attorneys' fees by filing objections and supplying evidence in the form of studies was substantial and significant. Since the Court reduced the fees and reimbursements requested by Class Counsel by more than $36 Million, the Class Settlement Fund and Class benefited and, therefore, the Court should consider an award of attorney's fees and reimbursement of related costs to Flanagan Objectors' counsel. This issue should be resolved before final distribution of the Class Settlement Fund to Class members.

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

Document 1066

Filed 10/12/2006

Page 3 of 4

WHEREFORE, INTERVENORS/OBJECTORS, Margaret M. Flanagan and Charles B. Reiner, move this Court to enter an order administratively reopening this case for purposes of allowing Flanagan Objectors to submit a motion for an award of attorney's fees and reimbursement of costs. Flanagan Objectors request they be allowed Fourteen (14) days from the date of the Court's order granting this motion within which to file their motion for attorney's fees and costs. Dated: October 10, 2006

__/s/ Edward F. Siegel_______ Edward F. Siegel (Ohio Bar No. 0012912) 27600 Chagrin Blvd., Ste. 340 Cleveland, OH 44122 (216) 831-3424 Fax: (216) 831-6584 [email protected]

CERTIFICATE OF SERVICE
I hereby certify that on the 10th day of October, 2006, a true and correct copy of the above was electronically filed with the Court using the CM/ECF system and a courtesy copy was sent by ordinary US Mail, postage prepaid, to the following: Michael J. Dowd, Esq. LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 655 W. Broadway St., Ste. 1900 San Diego, CA 92101-3301 Lead Counsel for Plaintiffs Alfred Levitt, Esq. BOIES, SCHILLER & FLEXNER LLP 5301 Wisconsin Ave., NW, Ste. 800 Washington DC 20015 Counsel for Settling Defendant Qwest

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

Document 1066

Filed 10/12/2006

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John Freedman, Esq. ARNOLD & PORTER LLP 555 Twelfth St., NW Washington DC 20004 Counsel for Defendant Arthur Andersen LLP Curtis L. Kennedy, Esq. 8405 E. Princeton Ave. Denver, CO 80237 Counsel for Graham Objectors