Please Redistribute
March 5, 2004
Nelson Phelps, President and Executive Director
ASSOCIATION OF U S WEST RETIREES
AUSWR Board Members and General members
This is a reminder that, to date, there has been virtually
no formal written and deposition discovery because the Private
Securities Litigation Reform Act of 1995 ("PSLRA"), 15 U.S.C.
Section 78u-4(b)(3)(B), does not allow any discovery while motions
to dismiss are pending. With this newest revised complaint (203
pages in length) filed on February 6, 2004, the attorneys for all of
the defendants (Qwest, Anschutz, Nacchio, Tempest, etc. . ) have
given notice that they will soon be filing another motion to
dismiss. Hence, there will be no discovery conducted in that
massive shareholders case until the motion(s) to dismiss process
are resolved.
By copy of this email to San Diego Attorney Thomas Egler, I
thank him for responding to my February 25 email request to Denver
Attorney Kip Shuman asking for a copy of the attachment, and I ask
that Mr. Egler's office try to keep us informed about significant
developments in the future.