This is an update to my October
1, 2004, email reporting the Complaint filed to legally
challenge 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." We believe
those requested documents should have been delivered to
Mr. Phelps or his legal counsel and that Qwest
deliberately refused to comply with ERISA document
I have attached hereto your copy
of the "Answer" filed by the outside counsel hired by
Qwest to oppose our legal challenge under the federal
law ERISA. The attached Answer was filed on November
10, 2004, in Denver Federal Court, Phelps v. Qwest
Employee Benefits Committee, Civil Action No.
04-B-2042 (OES). The case is assigned to Chief Judge
Babcock, the same federal judge handling the Freedom of
Information Act (FOIA) case filed against the Department
of Labor concerning the "investigation" about the Qwest
Pension Plan. The Phelps case has been
assigned Magistrate Judge Edward Schlatter, who is also
assigned to the FOIA case.
In the pending Phelps
case, we are asking the federal court to compel Qwest to
produce the requested information and to pay a penalty
of $110 per day for each day the requested documents
have been withheld. Already, the combined penalties
exceed $40,000.00, and the amount continues to accrue
each passing day.
The Answer is a general
denial. No surprise here. You can compare the numbered
paragraphs in the attached Answer with the corresponding
paragraph in the Complaint.
Now, the case will proceed to a
scheduling conference where we will meet with the
Magistrate Judge for the purpose of setting dates on
depositions and the parameters of formal discovery
requests, such as interrogatories and document
requests. To date, the conference has not be scheduled.
Curtis L. Kennedy
8405 E. Princeton Ave.
Denver, CO 80237-1741