Free Order on Motion to Stay - District Court of Colorado - Colorado

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

Document 1052

Filed 09/29/2006

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

Civil Case No. 01-cv-01451-REB-CBS (Consolidated with Civil Action Nos. 01-cv-01472-REB-CBS, 01-cv-01527-REB-CBS, 01-cv-01616-REB-CBS, 01-cv-01799-REB-CBS, 01-cv-01930-REB-CBS, 02-cv-00333REB-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; and 04-cv-00238-REB-CBS)

In re QWEST COMMUNICATIONS INTERNATIONAL, INC. SECURITIES LITIGATION

ORDER STAYING PRODUCTION OF DOCUMENTS Blackburn, J. This matter is before me on defendant Qwest Communications International Inc.' Unopposed Motion for Entry of Stipulated [Proposed] Order Extending Stay s of Production of Limited Waiver Documents Pending Resolution of Qwest Communications International Inc.' Anticipated Petition for Writ of Certiorari s [#1031], filed June 23, 2006. I grant the motion. On February 2, 2006, I entered an Order Concerning Qwest' Renewed Motion s to Reconsider and to Certify Interlocutory Appeal [#923]. In that order I required Qwest to produce to the plaintiffs, under certain conditions, about 220,000 documents that Qwest had provided to the United States Securities and Exchange Commission (SEC) in the course of the SEC' investigation of Qwest. I later stayed Qwest' production s s obligations under the February 2, 2006, Order pending resolution of Qwest' petition s for writ of mandamus filed with the United States Court of Appeals for the Tenth Circuit.

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

Document 1052

Filed 09/29/2006

Page 2 of 3

Order, [#950] filed March 10, 2006. On June 19, 2006, the Tenth Circuit denied Qwest' Mandamus Petition. s Qwest now has filed a Petition for Writ of Certiorari with the United States Supreme Court concerning my order requiring Qwest to produce the documents it provided to the SEC. The Supreme Court has assigned that case Supreme Court No. 06-343. The parties have stipulated to a stay of my February 2, 2006, order pending resolution of Qwest' petition for certiorari. Applying the same analysis detailed in my s order [#950], filed March 10, 2006, I conclude that the stay of my February 2, 2006, order should be continued pending resolution of Qwest' petition for certiorari. s THEREFORE, IT IS ORDERED as follows: 1. That Qwest Communications International Inc.' Unopposed Motion for s Entry of Stipulated [Proposed] Order Extending Stay of Production of Limited Waiver Documents Pending Resolution of Qwest Communications International Inc.' Anticipated Petition for Writ of Certiorari [#1031], filed June 23, 2006, is s GRANTED; 2. That my Order Concerning Qwest' Renewed Motion to Reconsider and to s Certify Interlocutory Appeal [#923], filed February 2, 2006, is STAYED pending resolution of Qwest' Petition for Writ of Certiorari with the United States Supreme s Court, Supreme Court No. 06-343, concerning its production obligations under my order [#923], filed February 2, 2006; 3. That the stay is SUBJECT TO MODIFICATION sua sponte by the court, or on a showing of good cause by the plaintiffs, if changed circumstances merit a modification of the stay; and 2

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

Document 1052

Filed 09/29/2006

Page 3 of 3

4. That if not sooner lifted, the STAY shall be lifted ten days after the United States Supreme Court either denies Qwest' Petition for Writ of Certiorari, or rules on s Qwest' claims after granting Qwest' Petition for Writ of Certiorari. s s Dated September 28, 2006, at Denver, Colorado. BY THE COURT: s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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