Please Redistribute
January 5, 2005
Mimi Hull
Nelson Phelps, President and Executive Director
AUSWR Board Members
Finally, during the last week in December 2004, the Department of Labor sent to me two boxes containing a significant amount of the papers responsive to the Freedom of Information Act (FOIA) request made in March 2004, the subject of the Hull v. Department of Labor lawsuit filed in the Denver Federal Court.
The full text of the December 15, 2004, dated transmittal letter sent to me from the Department of Labor Office of the Solicitor is reprinted below.  While the letter is dated December 15, the 4,275 pages of "disclosable records" were not received at my office until after December 25.  Today, I will send the DOL and the United States Attorney who is defending the DOL a letter confirming we demand a Vaughn index pertaining to the missing or 1,500 pages of withheld information.
During the past two days, I have sorted out and tried to make some sense of everything, and I will eventually send a written report to you.
U.S. Department of Labor
Office of the Solicitor
Washington, D.C. 20210
December 15, 2004
Curtis L. Kennedy
8405 E. Princeton Avenue
Denver, Colorado 80237
Re:    Hull v. U.S. Department of Labor,
          No. 04-B-1264(OES) (D. Colo.)
Dear Mr. Kennedy:
Enclosed are one CD, one floppy disk, and 4,275 pages of disclosable records from the ongoing investigation of the Qwest Pension Plan, which are the subject of the captioned case brought under the Freedom of Information Act (FOIA).  Certain information contained in the Qwest Pension Plan investigation file has been redacted or entirely withheld under FOIA Exemptions 3, 4, 5, 7(A), and 7(D).  We have entirely withheld approximately 1,500 pages of information.  If necessary, a Vaughn index will be provided to you at the appropriate time.
Please contact Jennifer Toth at 202-693-5513 if you have any questions about this matter.

Miriam McD. Miller
Co-Counsel for Administrative Law
cc:    Michael C. Johnson, AUSA