August 5, 2004
Nelson Phelps, President
ASSOCIATION OF U S WEST RETIREES
AUSWR Board 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
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.