February 4, 2005
 
Mimi Hull, President
ASSOCIATION OF U S WEST RETIREES (AUSWR)
AUSWR Board Members and General Members
 
 
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