Please Redistribute
 
 
February 18, 2005
 
Mimi Hull, President
ASSOCIATION OF U S WEST RETIREES (AUSWR)
AUSWR Board Members and General Members
 
 
This is an update to my February 4, 2005, email report concerning the Phelps v. Qwest EBC case where we have legally challenged Qwest's wholesale denial of our request for a copy of:  1) the pension plan "investment policy guidelines";  and  2) the pension plan and health care plan "investment trust proxy voting policy."  In this pending lawsuit, we have made demand for the requested documents and asked for an award of a daily penalty ($110) for each day that went by and the documents were not given to us.
 
 
Today, Qwest complied with Magistrate Judge Edward Schlatter's directive to provide a disclosure listing the documents that have been withheld, and a copy of the disclosure statement is attached hereto in Adobe PDF file format.  The disclosure statement includes a chart that Qwest prepared.
 
 
Although, Qwest has provided a list describing the documents, it does not appear that the Company is willing to give us the documents.  Therefore, we may have to file a motion asking Magistrate Judge Schlatter for an order compelling Qwest to give us the documents.  I will let you know what develops.
 
 
Curtis
 

Curtis L. Kennedy
Attorney-at-law
8405 E. Princeton Ave.
Denver, CO  80237-1741
Tele: 303-770-0440
Fax:  303-843-0360
CurtisLKennedy@aol.com
 
 

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