July 1, 2005
Mimi Hull, President
ASSOCIATION OF U S WEST RETIREES
Board Members and general membership
This update concerns the Kerber v. Qwest
case (Pension Death Benefits case).
As the July 11 deadline approached for Qwest to
respond to the Amended Complaint, Qwest counsel asked that
we consider trying to reach a resolution that would result
in an agreement to voluntarily dismiss the Pension Death
Benefits litigation. Qwest counsel told us certain terms
that Qwest proposed, and we counter-proposed with
some different terms. Presently, both sides are far apart.
However, we agreed to continue this effort.
Therefore, we agreed to delay proceedings until August 12,
while we continue to discuss the matter. A copy of a joint
motion concerning this brief delay is attached hereto. The
joint motion was filed yesterday, June 30, with the Denver
The Named Plaintiffs, Ed Kerber and Nelson
Phelps, will meet with me and the Board for the Association
of U S WEST Retirees on July 20. At that meeting, we will
prepare a written proposal and submit that to Qwest for a
If no agreement can be reached, the case will
continue on track requiring Qwest to respond to the Amended
Complaint on August 12, 2005. Should a resolution be
reached, an update will be provided. Likewise, if no
resolution is reached and the case goes forward, an update
will be provided.
Please note that all PDF-formatted documents, such as
the attached document, require Adobe Reader for
viewing. In order to view the attachment, you must
have Adobe Reader Version 7.0. You can obtain a free