January 5, 2005
Nelson Phelps, President and
ASSOCIATION OF U S WEST
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
No. 04-B-1264(OES) (D.
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