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-00333-

REB-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 CONCERNING CONSOLIDATION, STAY, & ADMINISTRATIVE CLOSURE

Blackburn, J.

This matter is before me on my own motion. Concurrently with this order, I have

issued an order approving a partial settlement between the plaintiff class, which has

been certified as a class for the purposes of the partial settlement only, and all but two

of the defendants in this case. The settlement is partial because it does not include the

two non-settling defendants, Robert Woodruff and Joseph Nacchio. With regard to the

claims against Woodruff and Nacchio, the lead plaintiffs continue to seek certification

of a plaintiff class, but no such class yet has been certified. With my approval of the

partial settlement, the only remaining claims asserted by the putative plaintiff class in

these consolidated cases are the claims against Woodruff and Nacchio.

Only one of the named plaintiffs in these consolidated cases has opted out of

the settlement class. That plaintiff, Stichting Pensioenfonds ABP, is the named plaintiff

in Stichting Pensioenfonds ABP v. Qwest Communications, et al., Case No. 04-cv00238 (D. Colo.). Nine hundred seventy other members of the settlement class also

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have opted out of the class, but none of these opt out plaintiffs is a named plaintiff in

any of these consolidated cases. To the extent the plaintiffs wish to pursue their claims

against the settling defendants, they must pursue those claims via some means other

than as a member of the settlement class. With the partial settlement, and Stichting’s

opt out, the Stichting case, Case No. 04-cv-00238, now is in a substantially different

posture than these consolidated cases because the Stichting case remains pending

against all defendants, not just Woodruff and Nacchio. As a result, I conclude that the

consolidation of the Stichting case, Case No. 04-cv-00238, with this case should be

terminated.

One of the two non-settling defendants, Joseph Nacchio, has been indicted on

criminal charges that currently are pending before United States District Judge Edward

W. Nottingham. USA v. Nacchio, Case No. 05-cr-00545 (D. Colo.). Trial in that case

currently is set to begin on Monday, March 19, 2007, and is scheduled to continue for

30 days. Id., courtroom minutes [#149], filed August 25, 2006, p. 4. Meanwhile,

pretrial proceedings in these consolidated cases appear to be complete. The discovery

deadline in these consolidated cases passed on October 28, 2005, although certain

elements of discovery continued until February, 2006. Scheduling Order [#529], filed

July 18, 2005, as modified by orders docketed as [#753] and [#863]. The dispositive

motions deadline expired on December 9, 2006. Scheduling Order [#529], filed July

18, 2005. As a practical matter, the prosecution of the putative plaintiff class’s claims

against Woodruff and Nacchio is and should be suspended pending the resolution of

the criminal case against Nacchio. That resolution likely will not be achieved until April,

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2007, at the soonest. In the meantime, nothing of consequence to the putative plaintiff

class’s claims in this case can be accomplished by the court.

Considering these circumstances, I conclude that these consolidated cases, with

the exception of the Stichting case, Case No. 04-cv-00238, should be stayed and

closed administratively pending the resolution of USA v. Nacchio, Case No. 05-cr00545. By this order, I direct that these cases be stayed and closed administratively.

Any party may seek to lift the stay and administrative closure on a showing that the

criminal charges against Nacchio have been resolved, or on a showing of other good

cause.

THEREFORE, IT IS ORDERED as follows:

1. That the consolidation of Stichting Pensioenfonds ABP v. Qwest

Communications, et al., Case No. 04-cv-00238 (D. Colo.), is TERMINATED;

2. That proceedings in Case No. 04-cv-00238 shall proceed independently of

this consolidated action;

3. That the caption in this consolidated case is AMENDED by the removal of

Case No. 04-cv-00238 from the caption;

4. That this consolidated action is STAYED pending the resolution of the

criminal charges against defendant Nacchio in USA v. Nacchio, Case No. 05-cr-00545

(D. Colo.);

5. That under D.C.Colo.LCivR 41.2 this consolidated action is CLOSED

ADMINISTRATIVELY pending the resolution of the criminal charges against defendant

Nacchio in USA v. Nacchio, Case No. 05-cr-00545 (D. Colo.); and

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6. That any party may seek to lift the stay and administrative closure on a

showing that the criminal charges against Nacchio have been resolved, or on a

showing of other good cause.

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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