Free Motion to Amend/Correct/Modify - District Court of Colorado - Colorado

Case 1:01-cv-00075-EWN-PAC

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Filed 12/15/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-00075-EWN-PAC ORIN LOOS, for himself and all others similarly situated, Plaintiff, VS. LEVEL 3 COMMUNICATIONS, LLC, WILTEL COMMUNICATIONS, LLC fka WILLIAMS COMMUNICATIONS, INC., SPRINT NEXTEL CORPORATION fka SPRINT CORPORATION, and UNION PACIFIC RAILROAD COMPANY, Defendants.

UNOPPOSED MOTION TO AMEND COMPLAINT AND JOIN PARTY

Pursuant to Fed.R.Civ.P. 15 and ¶ 7a of the November 23, 2005 Second Amended Scheduling Order in this matter, Plaintiff Orin Loos (hereinafter "Plaintiff"), on behalf of himself and all others similarly situated, by his counsel, hereby seeks to amend the original complaint which was filed in Weld County, Colorado and then removed to this Court on January 12, 2001. The amended complaint seeks to correct the caption and form to federal court form, removes former Plaintiff Thompson and to modify the Plaintiff plural to singular, corrects the corporate names of Defendants Sprint Corporation and Williams Communications respectively to their current corporate names as indicated herein, and joins Defendant Sprint Communications Company, L.P.

Case 1:01-cv-00075-EWN-PAC

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Regarding the original Complaint, under The Parties, in ¶ 7, former Plaintiff Thompson has been dismissed; in ¶ 10, Defendant Sprint Corporation is now Sprint Nextel Corporation; in ¶ 11, Defendant Williams Corporation, LLC is now WilTel Communications, LLC; and in new ¶ 10a, Sprint Communications Company, L.P. should be joined as a Defendant: 10a. Sprint Communications Company, L.P. ("Sprint CC") is a Delaware Limited Partnership, with its principal place of business in Kansas. Its partners are US Telecom, Inc., a Kansas corporation with its principal place of business in Kansas; UCOM, Inc., a Missouri corporation with its principal place of business in Kansas; UTELCOM, Inc., a Kansas corporation with its principal place of business in Kansas; and Sprint International Communications Corporation, a Delaware corporation, with its principal place of business in Virginia. 1. Pursuant to D.C.COLO LCivR. 7.1A, all the parties' counsel were notified via email and/or phone between December 9 - 15, 2005 of the Plaintiff's plan to Amend the Complaint and join a Defendant. Defendant Union Pacific does not oppose the Motion; Sprint's Counsel does no oppose Amending the Complaint, but has not yet been able to state their client's final position on joinder. The other Defendants have not stated whether they oppose, do not oppose, or take no position on this filing, by the deadline for filing the Motion. 2. Pursuant to ¶ 7a of the November 23, 2005 Second Amended Scheduling Order, the deadline to amend the complaint or join a party is December 15, 2005. 3. Plaintiff Thompson was dismissed from the case on December 13,2005 and may be removed from the caption.

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4.

Defendants Sprint Corporation and Williams Communications, LLC have changed their names as set forth in the Amended Complaint since the beginning of this case, and thus the caption should be corrected to reflect their current corporate names.

5.

Plaintiff seeks to add as a Defendant Sprint Communications Company, L.P, a related entity to Sprint Nextel Corporation.

6.

A Proposed Order is attached.

Dated: December 15, 2005

Respectfully submitted,

__/s Charles W. Lilley_______ __s/Karen Cody-Hopkins____ Charles W. Lilley, # 9943 Karen Cody-Hopkins, # 35367 LILLEY & GARCIA, LLP35367 1600 Stout Street, Ste. 1100 Denver, CO 80202 T: (303) 293-9800 F: (303) 298-8975 [email protected] [email protected] Irwin B. Levin Scott D. Gilchrist, #027774 COHEN & MALAD, LLP One Indiana Square, Suite 1400 Indianapolis, IN 46204 T: (317) 636-6481 F: (317) 636-2593 Samuel D. Heins Stacey L. Mills David Woodward HEINS MILLS & OLSON P.L.C. 3550 IDS Center

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80 South Eighth Street Minneapolis, MN 55402 Counsel for the Plaintiffs

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Case 1:01-cv-00075-EWN-PAC

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CERTIFICATE OF SERVICE VIA CM/ECF SYSTEM The undersigned hereby certifies that on December 15, 2005, I electronically filed an Unopposed Motion to Amend Complaint and Join a Party with Proposed Order, and Amended Complaint using the CM/ECF system which will send notification of such filing to the following counsel via their emails on file (as listed below) with the U.S. District Court for the District of Colorado's CM/ECF system: Daniel Warden Bond & Morris 303 17th Avenue, #888 Denver, CO 80203 (303) 837-9222 / Fax: (303) 837-0849 [email protected] Jonathon D. Bergman DAVIS GRAHAM & STUBBS LLP 1550 17th Street, Suite 500 Denver, CO 80202 (303) 892-9400 /Fax: (303) 893-1379 [email protected] Ron Bodinson Gregory T. Wolf Joseph Michael Rebein SHOOK, HARDY & BACON L.L.P. 84 Corporate Woods 10801 Mastin, Suite 1000 Overland Park, KS 66210-1669 (913) 451-6060 /Fax: (913) 451-8879 [email protected] [email protected] [email protected] Steven E. Napper Union Pacific Railroad Company Law Department 1331 Seventeenth Street, #406 Denver, CO 80202 [email protected] J. Kevin Haves {& Pamela Anderson) HALL, ESTILL, HARDWICK, GABLE GOLDEN & NELSON, P.C. 320 South Boston #400 Tulsa, OK 74103 (918) 594-0400 / Fax: (918) 594-05050 [email protected] J. Emmett Logan STINSON MORRISON HECKER LLP 1201 Walnut, Suite 2900 Kansas City, MO 64106-2150 (816) 842-8600 /Fax: (816) 691-3495 [email protected] Joseph E. Jones Fraser, Stryker, Meusey, Olson, Boyer & Bloch 409 South 17th Street, #500 Omaha, NE 68102 [email protected]

__s/Karen Cody-Hopkins Karen Cody-Hopkins, # 35367 Attorney for Plaintiffs LILLEY & GARCIA, LLP35367 1600 Stout Street, Ste. 1100 Denver, CO 80202 T: (303) 293-9800 ; F: (303) 298-8975 5

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[email protected]

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