October 26, 2004
Letter from Curtis Kennedy
 Hull v. Department of Labor


October 25, 2004
  Mimi Hull

Nelson Phelps, President and Executive Director
AUSWR Board Members
general membership

    As you know, as of last week, the Department of Labor continued to refuse our request for the Qwest Pension Plan information, the subject of the Hull v. Department of Labor lawsuit filed in the Denver Federal Court.  Last week, I sent the United States Attorney assigned to defend against our Freedom of Information Act lawsuit a proposed scheduling order in advance of the first conference before Magistrate Judge Schlatter to be held on Monday, November 8.

    Well, . . . . on Saturday, October 23, I received in the regular mail a letter from the Department of Labor Office of the Solicitor a letter which is reprinted in full below.  The DOL has decided to grant the FOIA request.  There is no explanation given for the changed position.

    Today, I advised the DOL that I will promptly make the required payment estimated to be about $750.00.  The text of my letter also appears below.

    Since we had to file the lawsuit in order to get compliance, I will continue to pursue the matter and ask the Court order the DOL to reimburse for reasonable attorney's fees and costs.



    U.S. Department of Labor
Office of the Solicitor
Washington, D.C. 20210
  October 19, 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:

    The Department of Labor is prepared to release the 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).  However, pursuant to the Department's FOIA regulations, 29 C.F.R. 70.42(c), you must be notified that the likely cost of the disclosure will be approximately $750.00.  Accordingly, we need "satisfactory assurance of full payment" before we duplicate the disclosable records and mail them to you.

    In light of the requirements of section 70.42(c), you should fax your written assurance of full payment of the FOIA fees in this case to me at 202-693-5538.  If you have any questions about this matter, please contact Jennifer Toth at 202-693-5513.


Miriam McD. Miller
Co-Counsel for Administrative Law

  cc:    Michael C. Johnson, AUSA


    October 25, 2004
  (Via Fax)

  Miriam McD. Miller, Esq
Office of the Solicitor
200 Constitution Ave. NW,  Room N2824
Washington, D.C.  20210
Tele: 202-693-5513 (Jennifer Toth)
    Fax:  202-693-5538      (Via Fax)

  Michael C. Johnson, Esq.
       Assistant United States Attorney
1225 17th Street, 7th Floor
Denver, CO 80202
Tele: 303-454-0134
Fax:  303-454-0404

    Re:    Hull v. Department of Labor (FOIA matter),
         Case No. 04-B-1254 (OES)
          Payment for FOIA Disclosures

    Dear Counsel:

    I received Ms. Miller's October 19, 2004, letter stating the DOL is, now, prepared to release the disclosable records and anticipates the charges will be near $750.  As I told Ms. Toth today, I will promptly send full payment when you are ready to bill me.

    Please advise whether you can send to me any of the responsive materials in electronic computerized format.  Also, please advise whether any documents are being withheld and, if so, whether you will be providing a Vaughn Index concerning any withheld documents.  Since the DOL is complying after defending the FOIA lawsuit, we request the DOL's agreement to pay reasonable attorney's fees and costs.


Curtis L. Kennedy

  c: Mimi Hull