December 9, 2004
Mimi Hull
and
Nelson Phelps, President
and Executive Director
ASSOCIATION OF U S WEST
RETIREES
and
AUSWR Board Members and
general membership
Yesterday, there was a
brief "status conference" before Magistrate Judge Edward Schlatter in
Denver Federal Court. Michael Johnson of the U.S. Attorney's office
reported that the Washington D.C. office of the Department of Labor was
sending me requested FOIA documents in two large boxes, and the boxes
were "sent" yesterday. He also reported the DOL decided to withhold
some documents because the Qwest Pension Plan is still under
'investigation,' and for that reason the DOL would contest our request
for payment of attorney's fees and the court filing fee. Again, he did
not elaborate, nor was he required to explain this so-called
'investigation.'
I advised the Court that
after I receive and review the materials that are supposedly on the way
to me, I will report back to the Court on what we will do about pursuing
the matter of payment of attorney's fees. So, Magistrate Judge
Schlatter scheduled another status conference to take place on January
27, 2005.
It will not be easy
collecting a judgment for attorney's fees from the federal government.
But, I believe the DOL acted wrongfully and abused the privilege -
exemption - under the Freedom of Information Act and that what happened
to us is typical of what happens so often to persons making FOIA
requests. So, I am inclined to pursue the matter.
Meanwhile, after I
receive the 'boxes', Mimi Hull and I will take time to review that
paperwork and, then, send you a report about what we have obtained and
learned.
Curtis
303-770-0440