This is an update to my
February 1, 2005, email report. Yesterday, Magistrate
Judge Edward Schlatter conducted a scheduling conference
in the Phelps v. Qwest EBC case. As you know,
this case concerns the legal challenge to 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." When we filed the lawsuit, we
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.
Yesterday, the company's
attorney argued that the company still did not want to
reveal the requested documents and the company wanted an
order from the Court to prevent our side from conducting
any discovery. Magistrate Judge Schlatter said he
couldn't do that. So, Qwest will have 10 days to
provide a list describing the documents that have been
withheld. Even though Qwest will provide a list
describing the documents, the attorney stated the
company has no present intent to give us the
documents. So, when we get the list, I provide you a
copy and file a motion asking Magistrate Judge Schlatter
for an order compelling Qwest to give us the documents.
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