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
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.