NEW ENGLAND HEALTH CARE EMPLOYEES PENSION FUND, on behalf of itself and all others similarly situated; Clifford Mosher, on behalf of himself and all others similarly situated; Tejinder Singh, on behalf of himself and all others similarly situated; Sotpal Singh, on behalf of himself and all others similarly situated, Plaintiffs-Appellees,
v.
Robert S. WOODRUFF; Joseph P. Nacchio, Defendants-Appellants, and
Qwest Communications International, Inc.; Drake S. Tempest; James A. Smith; Arthur Andersen L.L.P.; Craig D. Slater; Philip F. Anschutz, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
April 2, 2008.
April 2, 2008.
Attorney(s) appearing for the Case
Herbert J. Stern of Stern & Kilcullen, LLC, Roseland, New Jersey, and David Meister of Clifford Chance, US, LLP, New York, New York (James Miller and David Cook of Clifford Chance, US, LLP, New York, New York; and Jeffrey Speiser and Joel M. Silverstein of Stern & Kilcullen, LLC, Roseland, New Jersey, with them on the briefs), for Defendants-Appellants.
David R. Boyd of Boies, Schiller & Flexner LLP, Washington, D.C. (Jonathan D. Schiller, Alfred P. Levitt, and Jorge Schmidt P. of Boies, Schiller & Flexner LLP, Washington, D.C.; Terence C. Gill of Sherman & Howard, LLC, Denver, Colorado, with him on the brief), for Defendant-Appellee Qwest Communications International Inc.
Michael J. Dowd of Lerach Coughlin Stoia Geller Rudman & Robbins LLP, San Diego, California (Keith F. Park, Spencer A. Burkholz, and Thomas E. Egler of Lerach Coughlin Stoia Geller Rudman & Robbins LLP, San Diego, California; Sanford Svetcov and Susan K. Alexander of Lerach Coughlin Stoia Geller Rudman & Robbins LLP, San Francisco, California, with him on the brief), for Plaintiffs-Appellees.
Before KELLY, BALDOCK, and BRISCOE, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
ORDER
PAUL KELLY, JR., Circuit Judge.
Appellee Qwest Communications International Inc.'s petition1 for panel rehearing is denied by the panel. Judge Briscoe would grant panel rehearing for the reasons stated in her dissent. Judge Baldock would grant panel rehearing to hold that once appellants demonstrate plain legal prejudice as to one provision of the settlement agreement, they have standing to object to all of the agreement...
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