IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 

) ELOUISE PEPION COBELL, et al., ) ) No. 1:96CV01285 Plaintiffs, ) (Judge Robertson)
 v. 	) 
) DIRK KEMPTHORNE, Secretary of ) the Interior, et al., ) 
)
 Defendants. ) 
) 

DEFENDANTS’ MOTION TO RESOLVE PENDING MATTERS PERTINENT TO 
THE EVIDENTIARY HEARING THAT BEGAN ON OCTOBER 10, 2007 

On October 25, 2007, the Court invited the parties to file a motion identifying pending matters relevant to the evidentiary hearing on the historical accounting.  Tr. 2185:5-13. Defendants have identified the following such unresolved matters:1 
• 	
Defendants’ Motion to Rescind Or, in the Alternative, to Amend the Class Communication Orders (June 22, 2007) (Dkt. No. 3348); 

• 	
Defendants’ Third Submission in Compliance with May 28, 2004 Memorandum and Order Regarding Historical Statements of Account (May 24, 2005) (Dkt. No. 2914); 

• 	
Defendants’ Fourth Submission in Compliance with May 28, 2004 Memorandum and Order Regarding Historical Statements of Account (March 9, 2006) (Dkt. No. 3240); and 

• 
Defendants’ Fifth Submission in Compliance with May 28, 2004 Memorandum 


1/ Plaintiffs’ counsel has indicated that, while Plaintiffs continue to oppose the identified filings on the merits, they take no position on this motion.
and Order Regarding Historical Statements of Account (January 26, 2007) 
(Dkt. No. 3288). 
Dated: December 4, 2007 Respectfully submitted, 
JEFFREY S. BUCHOLTZ Acting Assistant Attorney General MICHAEL F. HERTZ Deputy Assistant Attorney General 
J. CHRISTOPHER KOHN Director
 /s/ Robert E. Kirschman, Jr.  ROBERT E. KIRSCHMAN, JR. 
D.C. Bar No. 406635 Deputy Director Commercial Litigation Branch Civil Division 
P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875 
(202) 616-0328 
2 

CERTIFICATE OF SERVICE 

I hereby certify that, on December 4, 2007 the foregoing Defendants’ Motion to Resolve Pending Matters Pertinent to the Evidentiary Hearing That Began on October 10, 2007 was served by Electronic Case Filing, and on the following who is not registered for Electronic Case Filing, by facsimile: 
Earl Old Person (Pro se) Blackfeet Tribe 
P.O. Box 850 Browning, MT 59417 Fax (406) 338-7530
 /s/ Kevin P. Kingston Kevin P. Kingston