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IN THE UNITED STATES DISTRICT COURT ,, 
FOR THE DISTRICT OF COLUMBIA ' 
- .--* 7: 7 2 i4 
ELOUISE PEPION COBELL, et al., ) 
) 
Plaintiffs, 1 
1 
V. 1 
) 
) 
Case No. 1:96CVO1285 
(Judge Lamberth) 
GALE A. NORTON, Secretary of the 
Interior, et al., ) 
1 
Defendants. ~ ) 
INTERIOR DEFENDANTS' 
MOTION AND MEMORANDUM TO REQUIRE PLAINTIFFS' COMPLIANCE 
WITH COURT'S ORDERS CONCERNING "ATTACHMENT C" 
Interior Defendants respectfully move for an order requiring Plaintiffs to (1) remove from their 
website (Indiantrust.com) all references to "Attachment C" that are covered by the Court's October 18, 
2002 Order and the Court's April 11,2003 Memorandum Opinion and accompanying Order of the 
same date; and (2) return to Defendants all copies of Attachment C in their possession or control. 
Defendants' counsel met and conferred with Plaintiffs' counsel and Plaintiffs' counsel stated that Plaintiffs 
would oppose this motion. 
The Memorandum Opinion holds that the Court "elected to maintain the seal on Attachment C" 
as protected by the deliberative process privilege and concludes that the Court will "strike from the 
record in this case any references to [the content of Attachment C ] in any other filings in this case." 
Memorandum Opinion at 5,G (April 11, 2003). In furtherance of the Memorandum Opinion, on the 
same date the Court issued an Order (April 11,2003), which states in part: This is the background image for an Adobe Acrobat Capture page with image plus hidden text. 
 
  
ORDERED that the references by plaintiffs' counsel Dennis Gingold to the contents of 
Attachment C be stricken from the record of the November 5,2002 hearing in the 
present case. . . . 
ORDERED that references to the contents of Attachment C in plaintiffs' second reply in 
support of the public disclosure of Attachment C shall be stricken from the record of 
this case. . . . 
ORDERED that section IV(5) of plaintiffs' response to defendants' historical accounting 
plan for individual Indian money accounts and section n7.E of plaintiffs' motion for 
order to show cause why Interior defendants and Bert T. Edwards should not be held 
in civil and criminal contempt shall be stricken from the record in this case. 
-Id. at 2-4. 
In addition to the hearing transcript and the filings expressly referenced in the Order, Plaintiffs' 
Consolidated Opposition to Defendants' Motions to Strike Plaintiffs' Comments Regarding References 
to Attachment C "Red-Lined Version" and "Interesting Notes in the Margins that Identify Certain 
People who Appear to be Attorneys'' (Nov. 2 1, 2002) not only references the content of Attachment C 
in its title, but quotes the now-stricken comments of Mr. Gingold at the November 5, 2002 court 
hearing. Plaintiffs' Opposition to Gale Norton's and Aureen Martin's Motion to File under Seal the 
Declaration of David Longly Bemhardt (Feb. 25,2003) also refers to the content of Attachment C. 
In an effort to avoid unnecessary motion practice, on April 10, 2003, Interior Defendants faxed 
a letter to Plaintiffs requesting that they "ensure that the offending portions of these documents are 
removed from your website immediately." Letter from John R. Kresse to Keith M. Harper at 1 (April 
16,2003) (Exhibit "A" attached). Plaintiffs never responded to that letter and did not remove the 
offending text from their website. 
One week later, Interior Defendants again wrote to Plaintiffs seeking compliance with the 
Court's orders. Letter from John R. Kresse to Keith M. Harper at 1 (April 24,2003) (Exhibit "B" 
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attached). In that letter, Interior Defendants again requested removal of the Attachment C material 
from Plaintiffs' website, and also requested that Plaintiffs "return [to Defendants' counsel] all copies of 
Attachment C in Plaintiffs' possession." Id. Again, Plaintiffs did not respond. As of 5:OO p.m. today, 
none of the offending text had been redacted from the respective documents as posted on Plaintiffs' 
website, Indiantrust.com. Plaintiffs not only have flouted the Court's Memorandum Opinion and 
Order, but have failed to protect the seal of Attachment C as required by the Court's October 18, 
2002 Order. That first Order concerning Attachment C was the basis for Defendants' motions to strike 
Plaintiffs' numerous unsealed filings related to Attachment C. In sum, Plaintiffs' at best ignored but more 
apparently have defied the Court's orders concerning this privileged document. Their defiance should 
not be tolerated. 
For the reasons set forth above, Interior Defendants respectfully request that the Court enter an 
Order requiring Plaintiffs to immediately remove all documents and references to Attachment C from 
their website consistent with the Court's October 18,2002 Order and particularly its April 11, 2003 
Order striking such documents and references from the record, together with such other and further 
relief as to this Court seems appropriate. 
May 1,2003 Respectfully submitted, 
ROBERT D. McCALLUM, JR. 
Assistant Attorney General 
STUART E. SCHIFFER 
Deputy Assistant Attorney General 
J. CHRISTOPHER KOHN This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Deputy Director 
JOHN T. STEMPLEWICZ 
Senior Trial Counsel 
JOHN R. KRESSE 
Trial Attorney 
D.C. Bar No. 430094 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-0875 
(202) 514-7194 
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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPION COBELL, gj al., 
Plaintiffs, 
V. 
GALE NORTON, Secretary of the Interior, a al., 
Defendants. 
) 
1 
) 
) 
) 
) 
) 
) 
) 
Case No. 1:96CV01285 
(Judge Lamberth) 
ORDER 
This matter comes before the Court on Interior Defendants' Motion and Memorandum to 
Require Plaintiffs' Compliance with Court's Orders Concerning "Attachment C", and any responses 
thereto. The Court finds that the Motion should be GRANTED. 
IT IS THEREFORE ORDERED that the references by Plaintiffs' counsel Dennis Gingold to the 
contents of Attachment C be stricken from the transcript of the November 5,2002 hearing in the 
present case as posted on Plaintiffs' website, Indiantrust.com, and 
IT IS FURTHER ORDERED that references to the contents of Attachment C in Plaintiffs' 
second reply in support of the public disclosure of Attachment C shall be stricken from the document as 
posted on Plaintiffs' website, Indiantrust.com, and 
IT IS FURTHER ORDERED that section IV(5) of Plaintiffs' response to defendants' historical 
accounting plan for individual Indian money accounts and section 1V.E of plaintiffs' motion for order to 
show cause why Interior defendants and Bert T. Edwards should not be held in civil and criminal 
contempt shall be stricken from the document as posted on Plaintiffs' website, Indiantrust.com, and 
IT IS FURTHER ORDERED that plaintiffs' consolidatcd opposition to defendants' motions to This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
strike plaintiffs' comments regarding references to Attachment C (Nov. 2 1,2002) shall be removed 
from the Plaintiffs' website, Indiantrust.com; 
IT IS FURTHER ORDERED that Plaintiffs return to Interior Defendants all copies of 
Attachment C within Plaintiffs' possession and control; 
IT IS FURTHER ORDEREDthat Plaintiffs delete all electronic versions of Attachment C from 
all computer storage devices (hard drives, floppy drives, compact discs, etc.) within Plaintiffs' 
possession and control, including computer backup or "recycle bin" files; and 
IT ISFURTHER ORDERED that Plaintiffs take all steps necessary to ensure that they make 
no further references to the content of Attachment C, unless such references are made under seal. 
SO ORDERED this day of ,2003. 
ROYCE C.LAMBERTH 
United States District Judge 
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cc: 
Sandra P. Spooner 
John T. Stemplewicz 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-0875 
Fax (202) 514-9163 
Dennis M Gingold, Esq. 
Mark Brown, Esq. 
1275 Pennsylvania Avenue, N.W. 
Ninth Floor 
Washington, D.C. 20004 
Fax (202) 318-2372 
Keith Harper, Esq. 
Native American Rights Fund 
1712 N Street, NW 
Washington, D.C. 20036-2976 
Fax (202) 822-0068 
Elliott Levitas, Esq. 
1100 Peachtree Street, Suite 2800 
Atlanta, GA 30309-4530 
Alan L. Balaran, Esq. 
Special Master 
1717 Pennsylvania Avenue, N.W. 
13th Floor 
Washington, D.C. 20006 
(202) 986-8477 
Earl Old Person (Prose) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 59317 
(406) 338-7530