Free Motion for Attorney Fees - District Court of Colorado - Colorado

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

Document 1062-2

Filed 10/10/2006

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Exhibit 1

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

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IN THE UNITED STATES 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 __________________________________________________________________________ DECLARATION OF CURTIS L. KENNEDY IN SUPPORT OF GRAHAM OBJECTORS' APPLICATION FOR AWARD OF ATTORNEY'S FEES AND REIMBURSEMENT OF EXPENSES

I, Curtis L. Kennedy, declare as follows: 1. I am a sole practitioner with offices in Denver, Colorado. I am counsel of record

for Intervenors/Objectors Eldon Graham, Hazel Floyd, Mary M. Hull and the Association of U S WEST Retirees (hereinafter "Graham Objectors"). For more than twenty years, a significant part of my law practice has concentrated on assisting, either on a paid basis or pro bono basis, thousands of employees and retirees of the former Bell System, particularly the former U S WEST and the current Qwest Communications International, Inc. I played a very significant role in forming the Association of U S WEST Retirees (AUSWR), Qwest Pension Plan participants and Qwest shareholders. 2. I am submitting this declaration and application for an award of attorneys' fees in

connection with services rendered in the above-entitled action and the reimbursement of expenses incurred by Graham Objectors in the course of this litigation. I performed professional services in connection with the following tasks and projects during this litigation, as described in the table below, and billed at my current customary hourly rate of $300.00.

Exhibit 1

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

Document 1062-2

Filed 10/10/2006

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STATEMENT OF LEGAL SERVICES RENDERED
3. The following is a true and accurate statement of my hours expended and legal

tasks performed during the January 18, 2006, through October 10, 2006, in connection with Graham Objectors' intervention and objections submitted in the case of In re Qwest Consolidated Federal Securities Cases, Case No. 01-1451, District of Colorado: Date: 01.18.06 Description of Task Performed: Review from PACE proposed Class Notice of January 5 to be sent to class members of partial settlement of consolidated Qwest federal shareholder lawsuits; outline issues to address with AUSWR retiree leadership. Meetings with AUSWR leadership in Phoenix, Arizona and individual Qwest shareholders to discuss recently announced partial settlement of Qwest shareholder cases and January 5 Class Notice sent out re: expected attorney's fee request and AUSWR plans to object seeking moderation of fee payment. Extensive review of massive court files at Denver Federal Court to get updated on developments in the consolidated federal shareholder cases and potential for settlement (9:35-11:50, 1:45-4:10). Research and review Internet based reports on recent securities settlements, including Elan, Haliburton, and InfoSpace settlements; review and analyze July 2005 NERA report: Elaine Buckberg, Ph.D, Todd Foster, Ronald I. Miller, Ph.D., Recent Trends in Shareholder Class Action Litigation: Are WorldCom and Enron the New Standard? at 7 (NERA July 2005); review and analyze St. John's School of Law, legal studies research by Michael A. Perino, Markets and Monitors: The Impact of Competition and Experience on Attorney's Fees in Securities Class Actions; draft report to AUSWR leadership (9:10-12:05). Further review of Elan, Haliburton, and InfoSpace settlements and objections raised; begin draft of AUSWR's notice of objections and email work product to AUSWR leadership for comment. (1:15-4:25). Hours: 0.7

01.21.06

2.0

01.27.06

5.5

02.15.06

2.5

02.21.06

3.0

-2-

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03.01.06

Review, via PACER, all papers filed by Lead Counsel on February 27 and 28 in connection with motion for approval of partial settlement and motion for attorney's fees (52 separate filings); draft update report to AUSWR leadership (4:10-6:45). Continue drafting and revising proposed objections to attorney's fee and cost reimbursement request; further analysis and review of 52 filings downloaded from PACER website (1:05-3:30, 4:10-9:15) Continue drafting and revising proposed objections to attorney's fee and cost reimbursement request; further analysis and review of 52 filings downloaded from PACER website (10:20-12:30) Continue drafting and revising proposed objections to attorney's fee and cost reimbursement request; further analysis and review of 52 filings downloaded from PACER website; draft update re: work product to Named Objectors and AUSWR leadership for comment and feedback (9:05-1:15, 2:20-3:00) Review comments, corrections and suggestions from Named Objectors and AUSWR leadership; final drafting and revising proposed objections to attorney's fee and cost reimbursement request; file same and draft courtesy note to Lead Counsel, per January 5 Class Notice (9:05-11:40, (1:35-3:45); draft update report for all of AUSWR's Qwest shareholders (8:40-9:10) Review numerous email messages from AUSWR's Qwest shareholders and respond to their concerns; tcs with Named Objectors and AUSWR leadership. Draft additional update for AUSWR's Qwest shareholders explaining the claims process and no application to Qwest 401k related claims.

2.5

03.02.06

7.3

03.03.06

2.0

03.04.06

3.1

03.06.06

4.9

03.07.06

0.9

0.5

03.08.06

Review (approximately 100) email messages from AUSWR's Qwest shareholders and respond to their concerns; draft additional explanation report about the claims process and no application to Qwest 401k related claims (12:15-1:45). Review Judge Blackburn's "Order Reassigning Magistrate Judge and "Order of Reference to U.S. Magistrate Judge;" Tcs with AUSWR leadership Nelson Phelps and Mimi Hull re: same.

1.4

0.2

-3-

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03.10.06 03.20.06

Review Judge Blackburn's "Order Extending Deadline for Mailing" and "Order Staying Production of Documents." Review objections filed by New York State Teachers Retirement System; objections filed by Houston based objectors (Cynthia Levin Moulton) and report about same to AUSWR leadership and Named Objectors. Tcs with individual Named Objectors re: paperwork verifying Qwest stock ownership. Review numerous additional email messages from AUSWR's Qwest shareholders and respond to their concerns; draft comprehensive update and explanation for all of AUSWR's Qwest shareholders. (9:05-10:35). Begin research necessary case law and drafting of a motion to intervene for filing tomorrow. (6:35-9:40).

0.1 0.4

03.21.06 03.22.06

0.3 1.5

3.0 3.5

03.23.06

Complete research and final drafting of motion to intervene, file same and draft courtesy email notice to Lead Counsel per January 5 Class Notice; tcs with Named Objectors to explain same. (8:20-11:05, 2:10-3:45) Review Named Objectors' records on Qwest stock ownership; draft report to Lead Counsel per January 5 Class Notice re: intention of Objectors/Intervenors to appear through counsel and argue their motion and records of stock ownership.

0.3

03.24.06

Review and analyze Defendants Nacchio and Woodruff brief supporting their opposition to final approval of partial class action settlement; check case law cited in brief; Tc with AUSWR Executive Director Nelson Phelps about this latest development (3:25-5:10). Review New York State Teachers' Retirement System (NYSTRS) filed request to be excluded and withdrawing objections; review Charles Reiner and Margaret Flanagan's motion to join in AUSWR's intervention request; draft update report re: same to AUSWR leadership and Named Objectors; tcs with several Named Objectors re: same. Pursuant to Local Rule 7.1, draft request to Lead Counsel per January 5 Class Notice to confer about any objections to AUSWR's renewed motion to intervene; Tc with Named Objectors re: same.

1.5

04.04.06

0.5

04.10.06

0.3

-4-

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04.11.06

Review Shriners Hospital for Children and Teachers' Retirement System of Louisiana filed request to be excluded and withdrawing objections; draft update report re: same and trend of significant institutional investors dropping out of case to AUSWR leadership and Named Objectors. Review email feedback from Lead Counsel, per Local Rule 7.1, re: AUSWR's plans to re-submit motion to intervene and respond to same; Tc with Named Objectors re: same. Draft and re-submit AUSWR's motion for intervention (same as March 23 motion and draft courtesy report to Lead Counsel re: same.

0.4

0.2

N/C

04.13.06

Review Judge Blackburn's "Order Concerning Motions to Intervene; draft update report on status of proceedings to AUSWR leadership and Named Objectors; Tc re: same with AUSWR leadership Mimi Hull and Nelson Phelps. Tcs (voice messages) exchanged with Lead Counsel Mike Dowd re: his request on motion to file over length brief; draft email message to Mr. Dowd confirming no opposition to his motion; Tc with Named Objectors re: update on matters. Draft report to Lead Counsel per January 5 Class Notice on numerous form objections received by AUSWR's Qwest shareholders. Draft update report on status of matters and explanation about May 19 "Fairness Hearing" to AUSWR's Qwest shareholders. Begin review Lead Counsel's legal briefs and affidavits submitted by 3 federal judges in support of their requested $96 million fee award, as e-filed near the end of the day. (5:156:45).

0.8

04.25.06

0.2

04.26.06

0.1

04.28.06

0.4 1.5

04.29.06 05.01.06

Review and analyze Qwest's reply to objections to final approval of settlement. Continue review and analysis of Lead Counsel's legal briefs and affidavits submitted by 3 federal judges in support of their requested $96 million fee award, as e-filed on Friday, April 28, near the end of the day; Tc with AUSWR leadership re: same; draft detailed explanation about advisability of obtaining expert witness report to counter opinions given by former federal judges Jim Carrigan, Lee Sarokin and Layn Phillips. (9:1511:40). -5-

0.5 2.4

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Tcs (several- lengthy) with Professor Mike Perino of St. Johns's University requesting expert opinion assistance; Tc with Named Objectors and AUSWR leadership on estimated costs. Pursuant to Local Rule 7.1, draft email communication with Lead Counsel per January 5 Class Notice requesting feedback on AUSWR's planned motion to designate Professor Mike Perino as expert witness for May 19 Settlement Hearing. 05.02.06 Tc with Professor Mike Perino and AUSWR Executive Director Nelson Phelps to discuss cost arrangements and preparation of his expert opinion report. Draft Professor Mike Perino series of emails with attachments and explanation about court proceedings and filings made by Lead Counsel in support of their $96 million fee request; numerous tcs over the course of the day with Mr. Perino. Review May 2 email notice from Mike Dowd of Lead Plaintiffs' opposition with AUSWR's motion to submit expert opinion or testimony by Professor Mike Perino; Tc with Mr. Perino re: same; draft extensive explanation to AUSWR leadership and Named Objectors. Review notice e-filed today by Houston based objectors (Cynthia Levin Moulton) withdrawing objections and report about same, and comments made in legal brief by Lead Counsel about Ms. Moulton's counsel Attorney Jeffrey Meyer, to AUSWR leadership and Named Objectors. Draft motion by Objectors/Intervenors for leave to submit expert opinion report or allow Professor Mike Perino to testify at May 19 Settlement Hearing. 05.03.06 Review May 3 email notices from John Freedman and Alfred Levitt, more of Lead Plaintiffs' opposition to AUSWR's motion to submit expert opinion or testimony by Professor Mike Perino; Tc with Mr. Perino re: same; draft update report re: same to AUSWR leadership and Named Objectors. Tc with Professor Mike Perino on his fees to be charged; finalize agreement and draft report to AUSWR leadership and Named Objectors.

0.9

0.3

0.4

1.5

0.5

0.4

0.8

0.3

0.4

-6-

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Final motion by Objectors/Intervenors for leave to submit expert opinion report or allow Professor Mike Perino to testify at May 19 Settlement Hearing, e-file same and draft courtesy note re: same to Lead Counsel per January 5 Class Notice. 05.04.06 Review protest/objection submitted by R. Stan Soth, individual investor in Spokane, WA; draft report re: same to AUSWR leadership and Named Objectors. Review and analyze opposition briefs e-filed on May 5 by Lead Counsel opposing AUSWR's motion to use Professor Perino's expert opinion; draft report re: same to AUSWR leadership and Named Objectors; Tc with AUSWR Executive Director Nelson Phelps (4:05-5:35). Tcs (numerous and lengthy throughout the day) with Professor Mike Perino. Review objections filed by Alan Henry. 05.11.06 Review Judge Blackburn's "Order Concerning Motion for Leave to Designate Expert Witness" re: Professor Mike Perino; Tc with Mr. Perino re: same; draft report re: same to AUSWR leadership and Named Objectors. Draft report to Professor Mike Perino re: Judge Weinshienk's December 8, 1997 order in the Sonnefield; Magistrate Judge Schlatter's May 29, 1997 order in the Wolf case; and Robert Tessier's Declaration in support of Lead Counsel's fee request; 05.12.06 Review and critique Professor Mike Perino's draft of his declaration and expert opinion report; review case law cited in his report. (9:05-11:00). Review Defendants Nacchio and Woodruff's supplemental brief opposing final approval of partial class action settlement. 05.13.06 05.15.06 Tc (lengthy) with Professor Mike Perino to go over his proposed declaration and expert opinion report. Review Professor Mike Perino's revised declaration and expert opinion report; Tc with Mr. Perino re: same and affidavits submitted by Lead Plaintiffs' in support of Lead Counsel's fee request. Draft email explanation to Professor Mike Perino on the proposed Final Judgment as submitted by Lead Counsel.

0.3

0.2

05.08.06

1.0

05.09.06

2.9 0.3 0.5

0.7

1.4

0.7 0.8 0.6

0.2

-7-

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Review final declaration by Professor Mike Perino and e-file same with the Court; draft courtesy note to Lead Counsel per January 5 Class Notice; Tc with AUSWR Executive Director Nelson Phelps re: latest events.. 05.16.06 05.17.06 Draft update to AUSWR leadership and AUSWR's Qwest shareholders on status of matters. Draft email request to Lead Counsel per January 5, 2006 Class Notice for copy of original objections filed by Pennsylvania State Employees' Retirement System; review 3 page letter setting forth supplemental objections e-filed today; draft letter re: same to Professor Mike Perino. Final preparation for tomorrow's "Fairness Hearing" and oral argument for Objectors/Intervenors (1:10-5:45). Final preparation for today's "Fairness Hearing." Attend and participate at "Fairness Hearing" and present oral argument on behalf of Objectors/Intervenors (10:00-Noon) After hearing discussion and answer questions by AUSWR's Qwest shareholders in attendance at the "Fairness Hearing." Draft report re: outcome of today's "Fairness Hearing" to Professor Mike Perino. 05.22.06 Review letter from Objector Alan Henry to Judge Blackburn; Tc re: same with AUSWR President Mimi Hull; review Courtroom Minutes reflecting May 19 "Fairness Hearing." Review notice that transcript of May 19 "Fairness Hearing" is available; draft report re: same to AUSWR leadership and Named Objectors; Tc with AUSWR President Mimi Hull re: same. Review commentary by Wayne Schneider, General Counsel for NYSTRS and draft email report to Mr. Schneider re: AUSWR's objections and involvement opposing excessive attorney's fee requested. Review transcript of May 19 "Fairness Hearing" and draft report re: same to AUSWR leadership and Named Objectors. Draft update report on status of proceedings to AUSWR leadership, Named Objectors and Professor Mike Perino.

0.8

0.2 0.6

05.18.06 05.19.06

4.4 1.0 2.0 0.7 0.2 0.2

06.13.06

0.2

06.19.06

N/C

06.29.06 08.23.06

0.6 0.2

-8-

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09.15.06

Review Objector Donald Keller's letter to Judge Blackburn; review Judge Blackburn's Minute Order seeking information on requests for exclusion; draft update report on status of proceedings to AUSWR leadership, Named Objectors and Professor Mike Perino. Review Lead Counsel's report in response to Court's September 15 Minute Order for information regarding timely requests for exclusion; draft update report on status of proceedings to AUSWR leadership and Named Objectors. Review and analyze series of rulings and orders entered by Judge Blackburn on approval of partial settlement, award of attorney's fees and costs and administrative closure of case; draft update report on status of proceedings to AUSWR leadership, Named Objectors and Professor Mike Perino. Draft Local Rule 7.1 communication to Lead Counsel per January 5 Class Notice concerning AUSWR's planned motion to re-open the case and pursue a motion for attorney's fees; draft update report on same to AUSWR leadership and Named Objectors.

0.2

09.22.06

0.4

09.29.06

0.9

0.3

10.05.06

Review Local Rule 7.1 response from Mike Dowd for Lead Plaintiffs; draft motion to re-open case/administrative proceedings, e-file with Court. Research case law and begin drafting "Graham Objectors" motion for award of attorney fees and expenses in connection with their objections and intervention. (1:20-4:45) Continue research case law and drafting "Graham Objectors" motion for award of attorney fees and expenses in connection with their objections and intervention. (9:15-11:45) Final "Graham Objectors" motion for award of attorney's fees and expenses; e-file same and draft courtesy notice to Lead Counsel per January 5, 2006 Class Notice. (8:35-11:40)

0.5

10.06.06

3.3

10.09.06

2.5

10.10.06

2.0

Total Billable Hours: Total Time Charges: 90.0 hours @ $300 (January 18, 2006 to October 10, 2006) -9$27,000.00

90

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4.

Graham Objectors incurred costs and expenses during this litigation consisting of:

1) $23,930.46 for the expert opinion report prepared by Professor Mike Perino submitted to the Court, plus photocopies of numerous documents filed by parties to this litigation - approximately 1,000 pages @ $.07 per page, or $140.00. Mr. Perino's invoice is attached hereto. 5. Submitted together with this Declaration is Exhibit 2, my resume, limited to

showing various legal cases performed on behalf of U S WEST/Qwest retirees. I declare under penalty of perjury that the foregoing is true and correct. Executed this 10th day of October, 2006 at Denver, Colorado.

A
CURTIS L. KENNEDY #12351 8405 E. Princeton Avenue Denver, Colorado 80237-1741 Telephone: (303) 770-0440 Fax: (303) 843-0360 [email protected] Attorney For Objectors/Intervenors Eldon Graham, Mary M. Hull, Hazel Floyd and Association of U S WEST Retirees ("Graham Objectors")

-10-

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