<< COB0000001 >>
IN THE UNiTED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
	ELOIJISE PEPION COBELL, £1	)
		)
	Plaintiffs,	)
	V.	)
		)
	GALE A. NORTON, Secretary of the	)	No. I :96CV01285
	Interior et al		)	(Judge Lamberth)
		Defendants.	)
REPLY TO PLAINTIFFS' OPPOSITION TO INTERIOR DEFENDANTS'
MOTION FOR ADJUSTMENT OF THE JUNE 2002
COMPENSATION REQUEST OF THE COURT MONITOR
The Secretary of the Interior and the Assistant Secretary - Indian Affairs ("Interior
Defendants") file this Reply in response to the Plaintiffs' Opposition to their Motion For
Adjustment Of The June 2002 Compensation Request Of The Court Monitor, dated July 18,
2002, and in support of their Motion for Adjustment, filed on July 17, 2002.
This Court should grant Interior Defendants' Motion for Adjustment because the Court
Monitor's June 2002 compensation request is not reasonable or proper for the reasons articulated
in the motion: (1) it fails to provide sufficiently detailed information about the work performed
and instead provides vague descriptions which neglect to explain the subject matter addressed by
such work; and (2) certain charges reflect activities beyond the scope of the Court Monitor's
appointment orders. Further, as demonstrated in the motion, the compensation request's vague
descriptions constrain Interior Defendants' ability to fully assess or object to the Court Monitor's
fees. Consequently, the relief requested by the Interior Defendants — revision of the Court
Monitor's invoice and the opportunity to review and object to the revised invoice — is warranted.
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	Moreover, Plaintiffs fail to oppose, or even address, Interior Defendants' arguments that
adjustment of the Court Monitor's June 2002 compensation request is necessary because the
request does not provide sufficient detail regarding the work performed and its lack of specificity
precludes Interior Defendants from being able to fully assess or object to it. See Defs.' Mem. In
Support Of Mot. For Adjustment, July 17, 2002, at 2-6. Nor does Plaintiffs' incorporation by
reference of their Consolidated Opposition To Interior Defendants' Motion To Revoke The
Appointment Of Joseph S. Kieffer, Ill, And To Clarify The Role And Authority Of A Court
Monitor And Opposition To Interior Defendants' Motion For Reconsideration Of The May 31,
2002 Order To Pay The Court Monitor The Sum Of $54,307.34 ("Consolidated Opposition")
cure their 'failure to refute Interior Defendants' arguments. Plaintiffs' Consolidated Opposition
also neglected to oppose Interior Defendants' argument in their Motion for Reconsideration that
the Court Monitor's May 2002 compensation request does not contain detailed descriptions of
his activitjes sufficient to provide assurance that the fees charged are reasonable and properly
within the scope of his appointment orders and, therefore, is not reasonable or proper.
	In fact, Plaintiffs' sole response to Interior Defendants' Motion for Adjustment is their
citation to and incorporation of their Consolidated Opposition. Therefore, Interior Defendants
hereby incorporate by reference, as if restated herein in its entirety, their Reply To Plaintiffs'
Opposition To Interior Defendants' Motion For Reconsideration Of The May 31, 2002 Order To
Pay The Court Monitor The Sum Of $54,307.24, filed on July 11, 2002.
Conclusion
	For the reasons set forth herein and in Interior Defendants' Motion For Adjustment,
Interior Defendants respectfully request that this Court direct the Court Monitor to revise his
2
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June 2002 invoice to include sufficiently detailed information about his work and to delete all
charges for activities beyond the scope of his appointment orders. In addition, Interior
Defendants request an opportunity to review and object to the Court Monitor's revised June 2002
invoice.
Dated: July 23, 2002	Respectfully submitted,
	ROBERT D. McCALLUM, JR.
	Assistant Attorney General
	STUART E. SCHIFFER
	Deputy Assistant Attorney General
	J. CHRISTOPHER KOHN
	Director
	SAND	.SPOONER
	Deputy Director
	JOHN T. STEMPLEWIGZ
	Senior Trial Counsel
	CYNTHIA L. ALEXANDER
	Trial Attorney
Commercial Litigation Branch
Civil Division
P.O. Box 875
Ben Franklin Station
Washington, D.C. 20044-0875
(202) 514-7194
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CERTIFICATE OF SERVICE
I declare under penalty ofpeijury that, on July 23, 2002 I served the Foregoing Reply to
Plaint ifs' Opposition to Interior Defendants 'Motion for Adjustment of the June 2002
Compensation Request of the Court Monitor, by facsimile in accordance with their written
request of October 31, 2001 upon:
Keith Harper, Esq.	Dennis M Gingold, Esq.
Native American Rights Fund	Mark Kester Brown, Esq.
1712 N Street, N.W.	1275 Pennsylvania Avenue, N.W.
Washington, D.C. 20036-2976	Ninth Floor
202-822-0068	Washington, D.C. 20004
	202-318-2372
By U.S. Mail upon:
Elliott Levitas, Esq.
1100 Peachtree Street, Suite 2800
Atlanta, GA 30309-4530
By Facsimile and U.S. Mail:
Alan L. Balaran, Esq.
Special Master
1717 Pennsylvania Avenue, N.W.
12th Floor
Washington, D.C. 20006
(202) 986-8477
Courtesy Copy by Hand Delivery:
Joseph S. Kieffer, m
Court Monitor
420 - 7k" Street, N.W.
Apartment 705
Washington, D.C. 20004
Kevin P. Ki ston