Please Distribute
 
July 28, 2004
 
 
Nelson Phelps, President and Executive Director
ASSOCIATION OF U S WEST RETIREES
AUSWR Board Members and general members
 
 
Again, the issues concern Mimi Hull's right to see the papers the DOL has received from Qwest about the Qwest Pension Plan and whether the DOL has the right to refuse to tell us anything about the "pending investigation."  
 
 
This is a follow-up to my July 18 emailed letter.  I have attached hereto in Adobe PDF file format a copy of the July 19 "Order of Reference to United States Magistrate Judge" and the July 20 "Minute Order for Scheduling/Planning Conference."
 
 
This case has been assigned to Magistrate Judge O. Edward Schlatter and the first event will be a hearing/conference to schedule matters.  That hearing/conference will take place on Monday, October 18, 2004 at 9:15 a.m., in the United States Courthouse located at 901 19th Street, Sixth Floor, Denver, CO.  At that time, the Magistrate Judge will decide whether or not I should be allowed to take a deposition of the Department of Labor or the matter should be simply set for an "in camera" inspection of documents by the Court.
 
 
Any interested person may attend the October 18 hearing/conference.  Most likely, Magistrate Judge Schlatter will rule that there should be an "in camera" Court review of the contested documents and, then, decide whether the DOL's position under the Freedom of Information Act (FOIA) is justified.
 
 
Curtis
CurtisLKennedy@aol.com
303-770-0440
 
 

Attachment    (July 19 and July 20 Orders - 6 pages)




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