Free Motion to Alter Judgment - District Court of Colorado - Colorado

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

Document 1061-2

Filed 10/10/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

Civil Action No. 01-CV-1451-REB-PAC (Consolidated with Civil Action Nos. 01-CV-1472, 01-CV-1527, 01-CV-1616, 01-CV1799, 01-CV-1930, 01-CV-2083, 02-CV-333, 02-CV-374, 02-CV-507, 02-CV-658, 02CV-755, 02-CV-798, and 04-CV-238) In re QWEST COMMUNICATIONS INTERNATIONAL INC. SECURITIES LITIGATION

ORDER GRANTING QWEST'S UNOPPOSED MOTION SEEKING RELIEF FROM JUDGMENT UNDER FED. R. CIV. P. 60(a) OR, IN THE ALTERNATIVE, TO ALTER OR AMEND JUDGMENT UNDER FED. R. CIV. P. 59(e)

Upon consideration of the Unopposed Motion of Qwest Communications International Inc. Seeking Relief From Judgment Under FED. R. C IV. P. 60(a) or In The Alternative, to Alter or Amend Judgment Under FED. R. CIV. P. 59(e), it is hereby ORDERED as follows: 1. 2. That the motion is GRANTED; That this Court's September 29, 2006 Partial Final Judgment And Order of

Partial Dismissal with Prejudice (#1050) shall be amended and the following language shall be substituted for and replace what had been Paragraph 19 of that Order: "Pursuant to F ED.R.CIV.P. 54(b), it is hereby certified that (1) this is a final order, and (2) no just reason for delay of entry of judgment under the terms of the Stipulation exists. In connection with this certification, the Court specifically finds that the claims under review are separable from the others remaining to be adjudicated, that the nature of the claims already determined are such that no appellate court would have to decide the same issues more than once even if there were subsequent appeals,

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

Document 1061-2

Filed 10/10/2006

Page 2 of 2

and that certification will facilitate the prompt distribution of the Settlement Fund to the Settlement Class Members. Accordingly, judgment shall be entered on the terms of the Stipulation." 3. That the Judgment (#1057) entered on October 2, 2006 in this case shall

be amended to conform with the Partial Final Judgment And Order Of Partial Dismissal With Prejudice, as amended by this Order; 4. That each Judgment entered on October 2, 2006 in those cases listed

below shall be amended to conform with the Partial Final Judgment And Order Of Partial Dismissal With Prejudice, as amended by this Order: Stanton Disc Pharm, et al v. Qwest Comm Intl Inc, et al., 1:01-cv-1472REB-PAC (#15); Barry, et al v. Qwest Comm Intl Inc, et al., 1:02-cv-507REB-PAC (#6); Brody, et al v. Qwest Comm Intl Inc, et al, 1:02-cv-374REB-PAC (#13); Cline, et al v. Qwest Comm Intl Inc, et al, 1:01-cv-1799REB-PAC (#8); Herbert S. Cohen Trust, et al v. Qwest Comm Intl Inc, et al, 1:02-cv-333-REB-PAC (#15); Grady, et al v. Qwest Comm Intl Inc, et al, 1:01-cv-1616 REB-PAC (#12); Tabacoff, et al v. Qwest Comm Intl Inc, et al, 1:02-cv-798-REB-PAC (#10); Tanner, et al v. Qwest Comm Intl Inc, et al, 1:01-cv-1930-REB-PAC (#6); Urquhart, et al v. Qwest Comm Intl Inc, et al, 1:01-cv-1527-REB-PAC (#15); Wollman, et al v. Qwest Comm Intl Inc, 1:02-cv-755-REB-PAC (#11); Abdelnour, et al v. Qwest Comm Intl Inc, et al, 1:02-cv-658-REB-PAC (#10); and 5. That the judgment previously entered in Stichting Pensioenfonds, ABP, v.

Qwest Comm Intl Inc, et al., 1:04-cv-238-REB-PAC (#232) shall be vacated.

DATED: October ___, 2006

BY THE COURT:

_____________________________ Robert E. Blackburn United States District Court Judge

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