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IN THE UNITED STATES DISTRICT COURT t 
8 % FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPION COBELL, a &, 1 
1 
P1aintiffs, ) 
) 
V. 1 Case No. 1:96CVO1285 
) (Judge Lamberth) 
GALE NORTON, Secretary of the Interior, al., ) 
1 
Defendants. ) 
) 
INTERIOR DEFENDANTS’ MOTION TO SUPPLEMENT ITS 
OBJECTIONS TO THE INTERIM REPORT OF THE SPECIAL MASTER 
REGARDING THE FILING OF INTERIOR’S EIGHTH QUARTERLY REPORT 
The Interim Report of the Special Master Regarding the Filing of Interior’s Eighth 
Quarterly Report (“Lnterim Report”) was filed on April 2 1,2003. Under Fed. R. Civ. P. 53(e)(2), 
objections to the Interim Report were due on May 5,2003. On that date Interior timely filed its 
Objections. 
After its Objections were filed, Interior learned, based in part upon invoices submitted by 
the Special Master on May 6,2003, that the Special Master secretly hired one of the principal 
witnesses to the events described in the Interim Report to assist with his investigation and with 
the drafting of the Interim Report. Interior seeks leave to file the accompanying Interior 
Defendants’ Supplemental Objections to Interim Report of the Special Master Regarding the 
Filing of Interior’s Eighth Quarterly Report (“Supplemental Objections”).’ Interior’s objections 
to the newly discovered, improper actions of the Special Master form the basis of Interior’s 
Supplemental Objections. 
I In accordance with Local Civil Rule 7.1(m), counsel for Interior Defendants 
conferred with Plaintiffs’ counsel regarding this motion. Plaintiffs’ counsel indicated that 
Plaintiffs will oppose this motion. This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Dated: May 13,2003 Respectfully submitted, 
ROBERT D. McCALLUM, JR. 
Acting Associate Attorney General 
STUART E. SCHIFFER 
Deputy Assistant Attorney General 
J. CHRISTOPHER JX~JHN 
Deputy Director 
D.C. Bar No. 261495 
JOHN T. STEMPLEWICZ 
Senior Trial Attorney 
PHILLIP M. SELIGMAN 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-0875 
(202) 514-7194 
2 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPION COBELL, gt &, 1 
) 
Plaintiffs, ) 
) 
V. 1 Case No. 1:96CV01285 
1 (Judge Lamberth) 
GALE NORTON, Secretary of the Interior, aL, ) 
) 
Defendants. ) 
ORDER 
This matter comes before the Court on Interior Defendants’ Motion to Supplement its 
Objections to the Interim Report of the Special Master Regarding the Filing of lnterior’s Eighth 
Quarterly Report. Upon consideration of the Motion, the responses thereto, and the record in this 
case, it is hereby 
ORDERED that Interior Defendants’ Motion is GRANTED. 
SO ORDERED. 
Date: 
ROYCE C. LAMBERTH 
United States District Judge This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
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. 
1275 Pennsylvania Avenue, N.W. 
Ninth Floor 
Washington, D.C. 20004 
Fax (202) 318-2372 
Mark Kester Brown, Esq. 
607 - 14th Street, NW 
Box 6 
Washington, DC 20005 
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 (Pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 59417 
(406) 338-7530 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
IN THE UNITED STATES DISTRTCT COURT 
FOR THE DISTRTCT OF COLUMBIA 
ELOUISE PEPION COBELL & al., 
Plaintiffs, 
V. 
GALE A. NORTON, Secretary of 
the Interior, gt al., 
Defendants. 
) 
No. 1:96CV01285 
1 (Judge Lamberth) 
1 
1 
) 
) 
INTERIOR DEFENDANTS’ SUPPLEMENTAL OBJECTIONS TO 
INTEFUM REPORT OF THE SPECIAL MASTER REGARDING 
THE FILING OF INTERIOR’S EIGHTH QUARTERLY REPORT 
Interior Defendants respectfully submit the following Supplemental Objections to the 
Interim Report of the Special Master Regarding the Filing of Interior’s Eighth Quarterly Report 
(“Interim Report”). On May 5 , 2003, Interior filed its Objections to the Interim Report. Interior 
has learned that the Special Master secretly hired one of thc principal Jvitnesses to the events 
described in the lnterim Report to assist with his investigation and with the drafting of the 
Interim Report. Interior’s objections to these newly discovered, improper actions of the Special 
Master forni the basis of Interior’s Supplemental Objections. 
BACKGROUND 
As discussed in Interior’s Objections, on August 30,2002, Native American Industrial 
Distributors, Inc. (“NAID”) moved to intervene in this case, alleging that its employees had 
prepared information related to TAAMS that Interior had withheld from the Eighth Quarterly 
Report. The Court denied NAID’s motion to intervene but, on November 5,2002, appointed 
Special Master Balaran to investigate NAID’s claims. On April 21,2003, the Special Master This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
filed his Interim Report, containing his preliminary findings and conclusions regarding his 
incomplete investigation into NAID’s claims. The Special Master indicated that his Interim 
Report was based on information “obtained outside of normal channels and to which the parties 
may have no faniiliarity.” Interim Report at 1. n. 1, 
Interior objected to the inaccurate and unsupported preliminary findings and conclusions 
in the Interim Report. Objections at 7-26, 34-40. Interior objected to the filing of an interim 
report before the Special Master’s investigation was complete. Objections at 27-29. Interior 
also objected to the Special Master’s ex parte acquisition of evidence. Objection at 30-36. 
On May 6,2003, the day after Interior filed its Objections, the Special Master filed his 
April 2003 Report to the Court. Attached as Exhibit 3 to the April 2003 Report is the Special 
Master’s Invoice #37 (attached as Exhibit A). This Invoice contains numerous charges related to 
work on the Interim Report for an individual identified as “MSS.” See. e.g, Invoice #37, entries 
for 3131/03,4/1/03,4/2/03,4/3/03,4/4/03,4/5/03,416/03, 4/7/03,4/8/03,4/9/03,4/11/03, 
4/14/03. In addition, it contains charges for the work of the Special Master’s assistant, Ed Volz 
(identified as “EKV” on the invoice), for work on the Interim Report in association with “Mike 
Smith.” See, e.g., Invoice #37, entries for 4/6/03,4/7/03,4/8/03, 4/9/03,4/10103,4/11/03, 
4/15/03,4/16/03. The charges submitted for “MSS” in Invoice #37 total 44.39 hours and 
$5,992.65 (seeExhibit B, for a breakdown of the charges submitted by the Special Master for 
Mike Smith).’ 
li The March 2003 Report of the Special Master contains Invoice #35 (at exhibit 7) which 
also lists work done by “MSS” for the Special Master in the investigation and preparation of the 
Interim Report (attached as Exhibit C). The charges on this invoice for Mike Smith total 65.30 
hours and $8,815.50. 
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Upon information and belief, the “Mike Smith” and “MSS” charges on the Special 
Master’s invoices are for work done by the same Mike Smith who was an employee of NAID and 
a member of the TAAMS Project Team at the time the events described in the Interim Report 
took place. Upon information and belief, this is also the same Mike Smith who, as Executive 
Vice President of NAID, wrote the Interior contracting officer a letter on January 7, 2003 
regarding NAID’s pending contract dispute with Interior. See Letter of January 7,2003 from 
Mike Smith (attached as Exhibit D). In this letter, which was carbon copied to “Alan Balaran, 
Special Master” (January 7 Letter at 2), Mike Smith informed the contracting officer: 
[W]e have retained the services of counsel because we are dealing with a 
government agency that is refusing to negotiate with us in good faith. Rather, we 
have been the target of retaliation; allegations of which are still under 
investigation by the Court Appointed Special Master. 
January 7 Letter at 1 
By February 27, 2003, a month and a half after that letter was written, the Special Master 
had hired Mike Smith to assist with his investigation of NALD’s allegations. See Invoice #35. 
Indeed, Mr. Smith did more than just assist in the investigation. According to the Special 
Master’s billing information, Mr. Smith actually drafted portions of the Interim Report. See, e.g, 
Invoice #37, entries for 4/3/03 (“MSS Draft 8th QR analysis”), 4/4/03 (same), 4/15/03 (“EKV 
Assist the Special Master and Mike Smith editing report on the 8th Quarterly Report”), 
4/16/03(“EKV Assist Mike Smith editing and organizing materials for report on the 8th 
Quarterly Report”). 
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The Special Master did not inform Interior before he hired Mr. Smith and Interior was not 
aware that Mr. Smith had been hired by the Special Master.2 Interior did not, and does not, 
consent to Mr. Smith’s work for the Special Master regarding the investigation into NAID’s 
claims. 
DISCUSSION 
I. IT WAS IMPROPER FOR THE SPECIAL MASTER TO MEET IN SECRET 
WITH A WITNESS TO THE EVENTS BEING INVESTIGATED 
The Special Master revealed in his Interim Report that he had obtained information relied 
upon in his Interim Report “outside of normal channels.’’ Interim Report at 1 n. 1. He did not 
reveal any of the sources of his ex parte evidence. Tnterior suspected that the Special Master’s 
abnormal channels of information gathering may have included NAID employees who had 
participated in the events being investigated. Objections at 32-33. The Special Master’s 
bills confirm that he did indeed meet secretly with one such NAID employee, Mike Smith. See 
Invoice #35, #37. 
Interior obviously does not object that the Special Master would interview one of the two 
NALD employees3who were principally involved in the matters being investigated. Indeed, an 
investigation into the claims made by NAID against Interior might not be complete without the 
Y Interior has been informed that Mike Smith was no longer employed by NAID, as 
Executive Vice President or otherwise, when the Special Master secretly hired him to assist with 
the investigation and drafting of the Interim Report. Mr. Smith’s employment status with NAID 
at the time he was employed by the Special Master does not affect Interior’s objection. 
Jerry Moran is the other NAID employee principally involved in the matters being 
investigated. 
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views of the NAID witnesses who made such claim^.^ Interior is surprised, however, that the 
Special Master would meet with an NAID witness like Mike Smith and take his testimony off the 
record. For the reasons discussed at length in its Objections, such ex Darte acquisition of 
evidence by the Special Master is wholly improper and is objected to by Interior. 
11. IT WAS IMPROPER FOR THE SPECIAL MASTER TO HIRE AN ADVERSE 
WITNESS TO THE EVENTS BEING INVESTIGATED TO ASSIST WITH THE 
INVESTIGATION AND THE DRAFTING OF AN INTERIM REPORT 
Although secret meetings with witnesses and the secret gathering of evidence are clearly 
improper, the Special Master’s invoices confirm that he has done much worse here. He not only 
met secretly with a witness and participant in the events and claims being investigated who had 
demonstrated a manifest hostility to Interior as recently as January 2003; he hired him. Mike 
Smith participated in the Special Master’s investigation, researched issues for the Special Master, 
and drafted portions of the Interim Report. Invoice #35, Invoice #37. 
The Court ordered the Special Master to investigate NAID’s claims. The Special Master 
hired a former NAID Executive Vice President, who had recently written a letter critical of 
Interior, to help with the investigation and to help with the actual drafting of the Interim Report. 
By hiring Mike Smith it appears that the Special Master did not investigate NAID’s claims; he 
simply adopted them and published them as findings in an Lnterim Report without even speaking 
to any Interior official to get their view of NALD’s allegations. In any event, the employment of 
9 Any investigation which did not include information from the Interior officials and 
employees being investigated would also be incomplete and it was thus improper for the Special 
Master to file a public report detailing his preliminary findings before such a complete 
investigation had been conducted. 
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Mr. Smith presents the appearance of bias arid the abandonment of neutrality required of a 
judicial official. 
Interior did not consent to the Special Master’s action. Interior objects to the retention 
and participation ofMr. Smith in this investigation and in the preparation of the Interim Report. 
Under the circumstances, the Special Master should not continue this or any other investigation. 
CONCLUSION 
For these reasons, and for the reasons stated in its Objections, Interior Defendants object 
to the Special Master’s Interim Report. 
Dated: May 13, 2003 Respectfully submitted, 
ROBERT D. McCALLUM, JR. 
Assistant Attorney General 
STUART E. SCHIFFER 
Deputy Assistant Attorney General 
J. CHRISTOPHER KOHN 
Director 
SANDVAOONER 
Deputy ir tor 
D.C. Bar No. 261495 
JOHN T. STEMPLEWICZ 
Senior Trial Attorney 
PHILLTP M. SELIGMAN 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-0875 
(202) 514-7194 
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LAW OFFICE 
ALANL. BALARAN, P.L.L.C. 
ADMLTIED IN DC AM)MD 
Invoice submitted to: 
Cobell, et al. v. Norton, et al. 
United States District Court for the 
District of Columbia 
333 Constitution Avenue, NW 
Washington DC 20001 
May 06,2003 
Invoice #37 
Professional Services 
3/31/2003 EKV Research - continued work on final summary of Navajo Region 
TFAS Review. 
MSS Research - Analyze 8th QR Issues. 
MSS Research - Prepare Analysis of Appraisal Subproject. 
4/1/2003 ALB Draft Monthly Report; review documentation 
ALE Review Interior's Unopposed Motion for Leave to Substitute Original 
Expert Rebuttal Report of Lasater; to file under seal Defendants' 
Objections to report and recommendatoin of Special MastUonitor 
on Motion to Unseal Document Filed Under Seal by Court monitor; 
ALE Draft 8QR Report 
EKV Continue work on final summary of Navajo Region TFAS Summary 
LlSS A~laIyze8 t h QR ExhIbItS 
4/2/2003EKV Corl1plete Navajo Region TFAS Surnrr-iaryand begin edit 
t: * 1. 
1717 PENNSYLVANIAAVE., N.W. 
THIRTEENTH FLOOR 
WASHINGTON, D.C. Zoo06 
TELEPHONE (202) 466-5010 
FAX (202) w - a m 
E-MhlLabh)emlr.com 
Hrs/Rate Amount 
9.25 925.00 
lOO.OO/hr 
3.13 422.55 
135.00/hr 
0.25 33.75 
135.00/hr 
1.30 260.OO 
200.00/hr 
1.60 320.00 
200.OO/hr 
2.20 440.00 
200.OO/h r 
6.25 625.00 
100.00ihr 
7.75 775.00 
IOO.OO/hr 
E'XHIBIT A 
Defs' Motion to Suppleiiicnt its 
Ohirctinris to C M ' F lntrrim Rrnrrrt This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell. et al. v. Norton, et al. Page 2 
HrslRate Amount 
4/2/2003 ALB Review Motion for Protective Order and Opposition thereto; research 
applicable law and precedent; draft opinion 
5.80 
200.00/hr 
1,160.00 
ALB Draft Report to Court regarding 8QR 2.70 540.00 
200.00lhr 
ALB Research Issues regarding Motion for Protective Order -- generally 
fiduciarty duties 
3.50 
200.00/hr 
700.00 
MSS Analyze 8th QR Exhibits. 4.88 658.80 
135.00/hr 
4/3/2003 ALB Review Bureau and Agency comments on draft trust matrices and 1.70 340.00 
decision trees 200.00/hr 
ALB Draft Report to the Court regarding Interior's reprentations in the 8QR 6.70 1,340.00 
200.00/hr 
EKV Complete Navajo Region TFAS Summary and begin the Alaska 5.00 500.00 
Region TFAS Summary. 100.00/hr 
ALB Research and draft memo analyzing prudence/duty of care 3.60 720.00 
200.00/hr 
MSS Draft 8th QR Analysis. 2.00 
135.00/hr 
270.00 
MSS Analyze 8th QR Exhibits 2.75 
135.001hr 
371.25 
4/4/2003 EKV Complete Alaska Region TFAS Summary and begin and complete 
Eastern Region TFAS Summary. 
6.25 
100.00/hr 
625.00 
ALB Draft Report regarding generation of Eighth Quarterly Report; review 7.50 1,500.00 
versions of report and EDS submissions 200.00/hr 
MSS Draft 8th QR Analysis. 2 4 
x-. 
4.75 
135.00/hr 
641.25 
4/5/2003 ALB Draft Report regarding generation of Eighth Quarterly Report; review 
versions of report and EDS submissions 
7.50 
200.OO/hr 
1,500.00 
MSS Analyze 8th QR Exhibits. 2.25 
135.00lhr 
303.75 
4/6/2003 ALB Draft Report regarding generation of Eighth Quarterly Report; review 
versions of report &id EDS submissions 
7.50 
200.OOihr 
1,500.00 
MSS Analyze 8th QR Exhibits 3.13 
135.00/hr 
422.55 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et al. Page 3 
Hrs/Rate Amount 
4/6/2003 EKV Assist Mike Smith with analysis of exhibits for report on the 8th. 3.50 350.00 
Quarterly Report. 100.00/hr 
4/7/2003 ALE Draft Report regarding generation of Eighth Quarterly Report; review 7.50 1,500.00 
versions of report and EDS submissions 200.00/hr 
ALE Research Issues regarding NO CHARGE 
200.OO/hr 
MSS Analyze 8th QR Exhibits. 5.00 675.00 
135.00/hr 
EKV Assist Mike Smith with analysis of exhibits for report on the 8th 6.75 675.00 
Quarterly Report. 100.00/hr 
4/8/2003 ALE Draft Opinion regarding Motion for Protective Order regarding RFP7 3.40 680.00 
200.00/hr 
ALE Draft Report regarding generation of Eighth Quarterly Report 6.80 1,360.00 
200.00/hr 
MSS Analyze 8th QR Exhibits 5.00 675.00 
135.00/hr 
EKV Assist Mike Smith with analysis of exhibits for report on the 8th 8.50 850.00 
Quarterly Report. 100.001hr 
4/9/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 7.30 1,460.00 
200.00/hr 
MSS Analyze 8th QR Exhibits. 2.75 3712 5 
135.00/hr 
EKV Review TFAS region summaries. 2,oo 200.00 
lOO.OO/hr 
EKV Assist Mike Smith with preparation of exhibits for report on tke 8th 
Quarterly Report. z., -. 
4.25 
100.00/hr 
425.00 
4110/2003 ALB Finalize Opinion regarding Protective Order 4.50 900.00 
200.OO/hr 
ALE Draft Report regarding generation of Eighth Quarterly Report 7.00 1,400.00 
200.00/hr 
EKV Assist Mike Smith with preparation of exhibits for report on the 8th 2.50 250.00 
Quarterly Report. 100.00ihr 
EKV Begin work on TFAS Southern Plains Region Summary 3.75 375.00 
100.00/hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et al. Page 4 
Hrs/Rate Amount 
4111/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 6.50 1,300.00 
200.001hr 
ALB Deposition NO CHARGE 
200.001hr 
MSS Analyze 8th QR Exhibits. 3.50 472.50 
135.00/hr 
EKV Assist Mike Smith in preparation of exhibits for report on the 8th 1.25 125.00 
Quarterly Report. lOO.OO/hr 
EKV Continue work on Southern Plains Region TFAS Summary. 2.00 200.00 
100.001hr 
4\12/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 5.80 1,160.00 
200.00/hr 
411312003 ALB Draft Report regarding generation of Eighth Quarterly Report 6.20 1,240.00 
200.00/hr 
EKV Finalize and edit report on the 8th Quarterly Report. 9.50 950.00 
100.001hr 
4/14/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 7.10 1,420.00 
200.00/hr 
MSS Analyze 8th QR Exhibits. 4.00 540.00 
135.00/hr 
EKV Finalize and edit report on the 8th Quarterly Report. 12.75 1,275.00 
100.001hr 
4/15/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 5.50 1,100.00 
200.00/hr 
EKV Assist the Special Master and Mike Smith editing report onthe 8th 6.OO 600.00 J- Quarterly Report. x-- 100.OO/hr 
EKV Continue work on the Southern Plains TFAS Summary. 1.oo 100.00 
100.00hr 
411612003 ALB Draft Report regarding generation of Eighth Quarterly Report 6.00 1,200.00 
200.00/hr 
EKV Continue work on the Southern Plains TFAS Summary. 2.25 225.00 
100.00/hr 
EKV Assist Mike Smith editing and organizing materials for report on the 6.75 675.00 
8th Quarterly Report. lOO.OO/hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
i:: 
Cobell, et at. v. Norton. et al. 
4/17/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 
EKV Orgainze exhibits and retrieve documents for 8th Quarterly Report. 
4/18/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 
EKV Edit report on the 8th Quarterly Report. 
4/19/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 
4/20/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 
EKV Final edit and exhibit preparation for report on the 8th Quarterly 
Report. 
412 1/2003 ALB Finalize Report regarding generation of Eighth Quarterly Report 
ALB Preparation for oral argument regarding plaintiffs' bills of particulars 
regarding Secretary Gale A. Norton; Assistant Secretary Neal A. 
McCaleb; Department of Justice attorneys Phillip A. Brooks, Charles 
W. Findlay I l l , James Simon; former Assistant Solicitor Willa 
Perlrnutter; and former Assistant Attorney General Lois Schiffer. 
EKV Continue work on Southern Plains Region TFAS Summary 
4/22/2003 ALB Hear oral argument regarding plaintiffs' bills of particulars regarding 
Secretary Gale A. Norton; Assistant Secretary Neal A. McCaleb; 
Department of Justice attorneys Phillip A. Brooks, Charles W. 
Findlay Ill, James Simon; former Assistant Solicitor Willa Perlmutter; 
-7. and former Assistant Attorney General Lois Schiffer. z- 
EKV Continue work on Southern Plains Region TFAS Summary. 
4/23/2003 EKV Continue work on Southern Plains Region TFAS Summary. 
4/24/2003 ALB Review filings regarding Blackwell and Cohen - email issues 
EKV Continue work on Southern Plains Region TFAS Summary 
Page 5 
HrslRate Amount 
7.20 1,440.00 
200.00/hr 
11S O 1,150.00 
100.001hr 
7.50 1,500.00 
200.00/hr 
9.25 925.00 
100.001hr 
7.50 . 1,500.00 
200.00/hr 
8.50 1,700.00 
200.00/hr 
7.25 725.00 
lOO.OO/hr 
2.20 440.00 
200.001hr 
4.50 900.00 
200.00/hr 
3.25 325.00 
100.00/hr 
8.50 1,700.00 
200.00/hr 
4.75 475.00 
100.001hr 
4.00 400.00 
lOO.OO/hr 
4.40 880.00 
200.00/hr 
5.75 575.00 
100.001hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et al. Page 6 
4/25/2003 ALE Preparation for oral argument regarding plaintiffs' bills of particulars 
regarding Edith Blackwell and Edward Cohen 
4/27/2003 ALB Review Gidner report and documentation related to Chickasaw and 
Wewoka agencies; prepare questions for deposition of Hanna et al. 
ALB Travel to Tulsa, Oklahoma to conduct depositions concerninng 
Wewoka and Chickasaw agency Special Master site visits 
4/28/2003 ALB Deposition of Jeannette Hanna 
ALB Depositions of S. tully, J. Belgarde; R. Phillips; J. Kemp; P. Phillip 
and J. Hanna 
For professional services rendered 
Additional Charges : 
3/31/2003 Copying cost 
4/7/2003 Copying cost 
Copying cost 
4/8/2003 Photocopies of Eastern Navajo Region for Report 
Total costs 
Total amount of this bill 
Previous balance 
5/5/2003 Payment - thank you 
Total payments and adjustments 
Balance due 
Hrs/Rate Amount 
2.50 500.00 
200.00/hr 
5.40 1,080.00 
200.OO/hr 
3.50 NO CHARGE 
200.00/hr 
3.50 700.00 
200.00/hr 
8.50 1,700.00 
200.001hr 
396.29 $60,372.65 
85.59 
1,315.06 
50.76 
126.90 
$1,578.31 
$61,950.96 
$59,771.03 
($59,771.03) 
($59,771.03) 
$61,950.96 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Work Performed by “MSS” in the Special Master’s April ll2003 Bill 
2/27/03 Re\ ien of EDS AS-IS Report and 8th Quarterly Report 0.60 $135.00 $81.OO 
2/27/03 Re\1cn ed 8th QR files (two boxes) 0.90 $135.00 $121.50 
1/27/03 Reviewed files in DO1 regarding 8th QR. 1.00 $135.00 $135.00 
2/27/03 Re\ laved 8th QR files (two boxes) 
3/5/03 Re\iie\\-ed8th QR files (two boxes) 
3/5/03 Re\ ie\z ed Appendix A.doc 
3/5/03 Reviewed Appendix B.pdf. 
3/5/03 Re\fir\sed OTRh4 Site Visit Plan 
3/5/03 Drafted 030305 Chronology 
315103 Re\ icu sd SOW.doc 
3/5/03 Re\it”\\ ed Appendix Apdf 
3/5/03 Re\ IIX ed MMS.pdf 
3/5/03 Re\ ie\~c.dProbate J.pdf 
3 3/03 Re\ieu ed Probate R.pdf 
3/5/03 Re\ 1m ed Probate K.pdf 
3/5/03 Re\ iem ed PSLP E.pdf 
3/5/03 Reviewed Workforce M 
1.40 $135.00 $189.00 
0.50 $135 .OO $67.50 
0.10 $135.00 $13.50 
0.10 $135.00 $13.50 
0.10 $135.00 $13.50 
1.oo $135.00 $135.00 
0.10 $135.00 $13.50 
0.10 $135.00 $13.50 
0.10 $135.00 $13.50 
0.10 $135.00 $13.50 
0.10 $135.00 $13.50 
0.10 $135.OO $13.50 
0.10 $135.00 $13.50 
0.10 $135.00 $13.50 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
3/5/03 
3/5/03 
3/5/03 
3/5/03 
315103 
3/5/03 
3/5/03 
3/5/03 
3/5/03 
3/5/03 
3/5/03 
3/5/03 
3/5/03 
3/5/03 
3/5/03 
3/5/03 
3/5/03 
3/5/03 
3/5/03 
Reviewed Workforce J .pdf 0.10 $135.00 $13.50 
Reviewed Breach 1 h.pdf 0.10 $135.00 $13.50 
Reviewed Appendix D.pdf 0.10 $135.00 $13.50 
Reviewed May 2001 Completion Criteria.pdf 0.10 $135.00 $13.50 
Reviewed Appendix C.pdf 0.10 $135.00 $13.50 
Reviewed May 2001 M R Notes-pdf 0.10 $135.00 $13.50 
Reviewed Appendix E.pdf 0.10 $135.00 $13.50 
Reviewed Appendix F.pdf 0.10 $135.00 $13.50 
Reviewed Aug 17 2001 talking points.pdf 0.10 $135.00 $13.50 
Drafted 030305 Chronology 0.10 $135.00 $13.50 
Reviewed Records Management Template 0.10 $135-00 $13.50 
Reviewed TAAMS Template 0.10 $135.00 $13.50 
Reviewed Policies and procedures template 0.10 $135.00 $13.50 
Reviewed Introduction template 0.10 $135.00 $13.50 
Reviewed probate backlog template 0.10 $135.00 $13.50 
Reviewed workforce planning template 0.10 $135.OO $13.50 
~ ~~ - ~ ~ 
Reviewed MMS system engineering template 0.10 $135.00 $13.50 
Reviewed computer architecture template 0.10 $135.00 $13.50 
Reviewed Appendix G template 0.10 $135.00 $13.50 
P 
I This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Date 
3118/03 
3118/03 
3/19/03 
3119/03 
3/20/03 
3120103 
3/21/03 
3/25/03 
3/26/03 
3/27/03 
3/31/03 
313 1/03 
4/1/03 
4/2/03 
Reviewed documents relating to 8th QR 
Reviewed documents relating to 8th QR 
Reviewed HLP microsoft file 
Compiled Appraisal information for later analysis 
Developed information on appraisals 
Compiled information for 8th QR analysis 
Reviewed and Analyzed 8th QR files 
Edited OST02CT0010 analysis 
Reviewed and Analyzed 8th QR files 
Reviewed and Analyzed 8th QR files 
TOTALS: 
1.oo $135.00 $135.00 
4.80 $135.00 $648.00 
0.80 $135.00 $108.00 
4.00 $135.00 $540.00 
1.80 $135.00 $243.00 
3.40 $135.00 $459.00 
3.90 $135.00 $526.50 
4.00 $135.OO $540.00 
3.90 $135.00 $526.50 
3.90 $135.00 $526.50 
65.30 $135.00 $8,815.50 
Work Pqformed by “MSS” in the Special Master’s May 6, 2003 Bill 
I 
Research - Analyze 8th QR Issues. 3.13 $135.OO $422.55 
~ 
Research - Prepare Analysis of Appraisal Subproject. 0.25 $135.00 $33.75 
Analyze 8th QR Exhibits. 1-00 $135.00 $135.00 
Analyze 8th QR Exhibits. 4.88 $135.00 $658.80 
P 
I This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
4/3/03 Draft 8th QR Analysis. 2.00 $135.00 $270.00 
4/3/03 Analyze 8th QR Exhibits 2.75 $135.00 $371.25 
4/4/03 Draft 8th QR Analysis. 4.75 $135.00 $641.25 
I 4/5/03 1 Analyze 8th QR Exhibits. 1 2.25 I $135.00 I $303.75 I 
I 4/6/03 I Analyze 8th QR Exhibits. I 3.13 I $135.00 I $422.55 I 
I 4/7/03 I Analyze 8th QR Exhibits. I 5.00 I $135.00 I $675.00 I 
I 4/8/03 I Analyze 8th QR Exhibits. I 5.00 I $135.00 I $675.00 I 
I 4/9/03 1 Analyze 8th QR Exhibits. 1 2.75 I $135.00 I $371.25 I 
1 411 1/03 I Analyze 8th QR Exhibits. 1- 3.50--- T $135.00 I $472.50 I 
I 4/14/03 I Analyze 8th QR Exhibits. I 4.00 I $135.00 I $540.00 I 
TOTALS: 44.39 ’\, $135.00 $5,992.65 
Total Work Pprformed by “MSS” in the Special Master’s April and May Bills: 
,I 
I April2003 I 65.30 I $135.00 I $8,815.50 [ 
I May2003 I 44.39 I $135.00 I $5,992.65 I I 
TOTALS: 109.69 $135.00 $14,808.15 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
I 3/4/03 1 EKV I Meeting with Mike Smith regarding- work objectives. I 0.50 I $100.00 I $50.00 I - I 
TOTALS: 0.50 $100.00 $50.00 
Work Performed Referencina “Mike Smith” in the Snecial Master’s Mav 6. ~ 003 Bill 
4/6/03 Assist Mike Smith with analysis of exhibits for report on the 8th $100.00 $350.00 
Quarterly Report. I 3.50 
4/7/03 Assist Mike Smith with analysis of exhibits for report on the 8th $100.00 $675.00 
Quarterly Report. I 6*75 
Assist Mike Smith with analysis of exhbits for report on the 8th 1 8.50 $100.00 I $850.00 
418i03 I Quarterly Report. 
4/9/03 EKV Assist Mike Smith with preparation of exhibits for report on the 8th $100.00 
Quarterly Report. I $425*00 
4/10/03 EKV Assist Mike Skith with preparation of exhibits for report on the 8th $100.00 $250.00 
Quarterly Report. I 2s0 
411 1/03 EKV Assist Mike Smith with preparation of exhibits for report on the 8th 
Quarterly Report. I 1*25 
Assist the Special Master and Mike Smith editing report on the 8th 1 6.00 $100.00 1 $600.00 
Quarterly Report. *-Assist Mike Smith editing and organizing materials for report on the 
8th Quarterly Report. 
‘ TOTALS: 39.50’ ‘$100.00 $3,950.00 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Total Work Referencing “Mike Smith” in the Special Master’s April and May Bills: 
] April2003 I 0.50 I $100.00 I $50.00 I I May2003 I 39.50 $100.00 I $3,950.00 I 
TOTALS: 40.00 $100.00 ’ $4,000.00 
c 
c 
i This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
J. .- 
& -I 
LAW OFFICE 
ALANL. BALIZRAN. P.L.L.C. , 
ADMI7TED IN DC AND MD 
Invoice submitted to: 
Cobell, et al. v. Norton, et al. 
United States District Court for the 
District of Columbia 
333 Constitution Avenue, NW 
Washington DC 20001 
April 01,2003 
Invoice #35 
Professional Seruices 
212712003 MSS Review of EDS AS-IS Report and 8th Quarterly Report. 
MSS 
MSS 
MSS 
31212003 ALE 
ALE 
31312003 EW 
ALE 
ALB 
Reviewed 8th QR files (two boxes) 
Reviewed files in DO1 regarding 8th OR. 
Reviewed 8th QR files (two boxes) 
Draft Monthly Report; review attachments 
Review records related to possible document destructiarffor 
upcornding Albuquerque trip 
Attended two IT security meetings. 
Weekly IT meeting regarding status of pending requests and reports 
from Interior; Conference w/Mahach et al. regarding after hours 
"Phase I l l " testing; conference w/Kerr and Gast regarding tasks for 
upcoming month and status of NBC Washington 
Review Plaintiffs' Notice of Supplementat Author~tyin Support of 
Motion for Order to Show Cause Why Interior and Edwards should 
not be held in contempt 
11717 PENNSYLVANIAAVE.. N.W. 
THIRTEENTH FLOOR 
WMHINGTON. D.C. Zoo06 
TELEPHONE (202) 466-5010 
F M (202) 986-8477 
E-MAIL abalann@cmL.com 
Hrs/Rate Amount 
0.60 81.OO 
135.00lhr 
0.90 121.50 
135.00lhr 
1.oo 135.00 
135.00lhr 
1.40 189.00 
135.00/hr 
2.00 400.00 
200.00/hr 
3.50 700.00 
200.00/hr 
2.00 200.00 
100.00/hr 
3.50 700.00 
200.00ihr 
0.30 60.00 
200.GGihr 
EXHIBIT C 
Defs' Motion to Supplement its -. . . This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell. et al. v. Norton, et al. Page 2 
HrslRate Amount 
3/3/2003 ALB Review Brooks' Reply to Plaintiffs' ConsolidatedOpposition 0.30 60.00 
200.001hr 
EKV Research of I80 contracts. 2.00 200.00 
100.001hr 
EKV Preparationof monthly reports and for distribution. 2.50 250.00 
100.001hr 
EKV Preparation of Department of Corrections report. 1.oo 
100.00/hr 
100.oo 
3/4/2003 EKV Research and drafting of a memo comparing TFAS draft and final 8.25 825.00 
draft. 100.00/hr 
EKV Meeting with Mike Smith regarding work objectives. 0.50 50.00 
100.00hr 
EKV Research TFAS reviews and began drafting memos regarding their 6.25 625.00 
contents, 100.00/hr 
ALB Travel to Kansas City and to Overland Park en route to Overland 4.50 NO CHARGE 
Park 200.00/hr 
3/5/2003 EKV Research of IBO binders and drafting of summary memos. 7.25 725.00 
MSS Reviewed 8th QR files (two boxes) 
MSS Reviewed Appendix A.doc 
MSS Reviewed Appendix B.pdf. 
MSS Reviewed OTRM Site Visit Plan 
MSS Drafted 030305 Chronology 
MSS Reviewed SOW.doc 
MSS Reviewed Appendix A.pdf 
MSS Reviewed MMS.pdf 
100.00/hr 
0.50 67.50 
135,00/hr 
0.10 13.50 
135.00/hr 
0.10 13.50 
135.001hr 
0.10 13.50 
135.00/hr 
1.oo 135.00 
135.00/hr 
0.10 13.50 
135.00/hr 
0.10 13.50' 
135.001hr 
0.10 13.50 
135.001hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et at. v. Norton, et al. 
3/5/2003 MSS Reviewed Probate J.pdf 
MSS Reviewed Probate R.pdf 
MSS Reviewed Probate K.pdf 
MSS Reviewed P&P E.pdf 
MSS ReviewedWorkforce M 
MSS Reviewed Workforce J.pdf 
MSS ReviewedBreach 1 h.pdf 
MSS ReviewedAppendix D.pdf 
MSS Reviewed May 2001 Completion Criteria.pdf 
MSS ReviewedAppendix C.pdf 
MSS Reviewed May 2001 AAR Notes.pdf 
MSS ReviewedAppendix E.pdf 
MSS ReviewedAppendix F.pdf 
MSS ReviewedAug 17 2001 talking pointspdf 
MSS Drafted 030305 Chronology 
MSS Reviewed Records Management Template 
MSS Reviewed TAAMS Template 
Page 3 
HrsIRate Amount 
0.10 13.50 
135.001hr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.001hr 
0.10 13.50 
135.001hr 
0.10 13.50 
135.001hr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.00lhr x-. 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.00/hr 
0.10 13 50 
135.001hr 
0 10 13 50 
135.001hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobelt, et al. v. Norton, et al. 
3/5/2003 MSS Reviewed Policies and procedures template 
MSS Reviewed Introductiontemplate 
MSS Reviewedprobate backlog template 
MSS Reviewed workforce planning template 
MSS Reviewed MMS system engineeringtemplate 
MSS Reviewedcomputer architecture template 
MSS ReviewedAppendix G template 
MSS Drafted Oct 1 2001 8th OR templates 
MSS Reviewed Appendix H 
MSS Reviewed Oct 2001 briefings 
MSS Reviewed Appendix I 
MSS Reviewed Apendix J 
MSS Drafted 030305 Chronology 
Page 4 
HrslRate Amount 
0.10 13.50 
135.00hr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.00/hr 
0.10 13.50 
135.00/hr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.00/hr 
0.40 54.00 
135.00lhr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.00/hr 
0.40 54.00 
135.00/hr .-c 
MSS Reviewed Appendix J 0.10 13.50 
135.00/hr 
ALB Review Remediation Plan re: NBC -- Tkonference with Gillett and 3.50 700.00 
Travel to Labat - Anderson Facility/ Conference wlManagers, Dunbar 200.00lhr 
(L.A), Skotta (OTR). Siemekowski (DOJ), Baker (LA) and review 
effort to index, quality control, search and gatekeep 
ALB Review Defendants' Expert Reports provided by J.S. (DOJ) 1 50 300.00 
200 OOlhr 
ALB Review documents in preparation of investigation into possible 2.00 400.00 
document destruction at Navajo Regional Office 200.OO/hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et al. Page 5 
HrslRate Amount 
3/5/2003 ALE Travel from Kansas City to Albuquerque 3.50 NO CHARGE 
200.00/hr 
ALE Review Plaintiffs' Expert Reports 2.00 400.OO 
200.00/hr 
3/6/2003 EKV Research of IBO binders and drafting of summary memos. 8.OO 800.00 
MSS Reviewed Appendix J1 
MSS ReviewedAppendix 12 
MSS Reviewed Appendix L 
MSS Reviewed Appendix J2 
MSS Drafted 030306 Chronology Report 
ALB Travel from Albuquerque to Gallup 
100.001hr 
0.10 13.50 
135.00lhr 
0.50 67.50 
135.00/hr 
1.oo 135.00 
135.00lhr 
0.20 27.00 
135.00ihr 
5.00 675.00 
135.00/hr 
2.00 NO CHARGE 
200.00/hr 
ALB Interview Baker and Hatfield; review appraisal files; travel to Window 
Rock, AZ (NC) interview Stephen Graham 
0.50 
200.00/hr 
100.00 
3/7/2003 EKV Research of 180 binders and drafting of summary memos. 6.75 675.00 
100.001hr 
ALB Review Appraisal files - Draft Memorandum and edit 3.00 600.00 
200.00/hr 
ALB Review NAlD outline 1.20 240.00 
200.001hr 
.4-. 
ALB Review OTR Workplan; draft memo to file 0.80 160.00 
200.OO/hr 
ALE Review documents and reports submitted by Gallup Appraisal Ofice 2.80 560.00 
200.001hr 
3/8/2003 ALE Review Kerr Reports 0.90 180.00 
200.OO/hr 
3/9/2003 ALB Conference with Interior Employees (individually and collectively) 5.80 1,160.00 
regarding records retention, work plans, appraisals 200.00/hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et al. Page 6 
HrslRate Amount 
3/9/2003 ALB Review KPMG Annual Report regarding DOVOST Tribal and Other 1.70 340.00 
Trust Funds and IIM Funds Managed by OTFM 200.001hr 
3/10/2003 ALB Travel from Albuquerque to DC 3.50 NO CHARGE 
200.001hr 
ALB Conference with Interior employees 2.00 400.00 
200.00lhr 
ALB Review Independent Auditor's Report regarding Consolidated 0.80 160.00 
Balance Sheets of BIA focusing on weaknessees identified in IT 200.001hr 
Systems 
ALB Review 3/4/03 Bi-Weekly Report; draft memo to file to send letter to 0.80 160.00 
Justice 200.001hr 
3/11/2003 EKV Research of region binders. Drafted summaries for Midwest and 6.50 650.00 
Southwest Regions and began work on Pacific Region. 100.001hr 
EKV Meeting with IT group. 1.oo 100.00 
100.00/hr 
ALB Weekly IT Conference regarding updates and Phase IV testing 2.00 400.00 
200.001hr 
ALB Review appellate brieWopposition and reply 2.20 440.00 
200.00/hr 
ALE Review Opposition to Motion to Assign Mandamus to Appellate Panel 0.30 60.00 
200.00/hr 
ALB Review Angel and Lasater Reports (wlout attachments) 1.80 360.00 
200.00/hr 
ALB Review Defendants' reply regarding Attachment C (.3) Motion to file 
(2); 
1.60 320.00 
Mmotion for enlargment regarding B.Edwards (.2); Motion for 200.OOlhr 
Protective Order regading Mineral Act (.3);and Motion regarding 
E&Y report (.6). .zL- 
3/12/2003 EKV Meeting with Alan Baiaran regarding the progress of work performed 1.oo 100.00 
last week during his absence and plans for progression. 100.00lhr 
EKV Research and drafting of memo regarding the original intent of the 6.75 675.00 
IBO Inter-AgencyAgreement, the guidelines set out in the 100.00lhr 
TFASmAAMS memo, and work performed in various regions. 
MSS Reviewed 8th QR documents 5.00 675.00 
135.00ihr 
MSS Reviewed documents relating to OST2CTOOlO 2.50 
135.00lhr 
337.50 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell. et al. v. Norton, et al. Page 7 
Hrs/Rate Amount, 
3/13/2003 ALB Review Petrie letter regarding third production RFP7 documents and 0.10 20.00 
Protectiveorder 200.OO/hr 
ALB Review Motion for Expedited Consideration of Interior Defendants' 2.00 400.00 
Motion for Leave to Provide congress a Summary Version of the 
Ernst and Young Report 
200.OO/hr 
ALB Draft Letter to Gillett regarding Audit Report and Phase IV Testing 0.20 40.00 
200.00/hr 
ALB Review Interior Defendants' Motion and Memorandum in Support for 0.30 60.00 
a Protective Order Regarding Confidential Informationre: RFP7 200.00hr 
ALB Review Gingold Letter regarding Zantaz search 0.10 20.00 
200.00/hr 
ALB Review Scott Park's Letter to Gingold and attachments regarding 0.30 60.00 
Infield position discription 200.00/hr 
ALB Review Plaintiffs' Notice of SupplementalAuthority in Support of 0.10 20.00 
ComplianceAction Plan 200.00/hr 
ALB Review Notice of SupplementalAuthority in Support of Plaintiffs' Plan 0.10 20.00 
for DeterminingAccurate Balances in the Individual Indian trust 200.00/hr 
ALB Review Plaintiffs' correspondenceresponding to Beard letter 0.10 20.00 
modifying position description of Mona Infield 200.00/hr 
EKV Research involving Southwest and Navajo Regions TFAS Reviews; 8.00 800.00 
finished Southwest Summary Report and began Navajo Region 100.00/hr 
report. 
MSS Reviewed 8th QR documents 0.80 
135.001hr 
108.00 
540.00 
340.00 
MSS Reviewed documents relating to OST02CT0010 4.00 
135.001hr 
3/14/2003 ALB Conference with USi, John Kerr regarding plan to proceawith 1.70 
200.00/hr Phase IV, remediation efforts, Phase Ill continued scans, future site 
visits 
900.00 
ALB Review Interior Defendants' Motion to Strike Plaintiffs' request for 80.00 
ALB Draft Report to Court regarding Site Visit to Gallup and Window Rock 4.50 
200.00/hr 
0.40 
200.00ihr sanctions emanating from S.M. McCaleb Report; Plaintiffs' 
Opposition thereto 
ALB Review Motion by Gale Norton for Enlargement of Time to Respond 
to Motion for Order to Show Cause regarding Burt Edwards 
0.20 
200.00/hr 
40.00 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et al. 
3/14/2003 ALB Review Interior's Notice of Filing of Newell's expert report 
ALB Review Defendants'Unopposed Motion to File Expert Report of 
Joseph R. Rosenbaum under seal and attachments thereto 
ALB Review correspondence regarding Infield position dated 3/14 
EKV Research of Navajo Region TFAS review - continued work on 
summary document. 
MSS Drafted Analysis of contract issues. 
MSS Drafted analysis of contract issues. 
311512003 ALE Review Interior Defendants' Response to NAlC Amicus Brief 
311612003 ALE Review Defendants' Reply to Plaintiffs' Opposition to Interior's Motion 
to Strike comments regarding Corrected report and recommendation 
of Special Master 
ALB Draft Appraisal Report 
311 7/2003 ALB Draft letter to Gillett in response to Warshawsky letter and 
CasonISAIC attachments' 
ALB Conference with wlUSi, John Baddour and John Kerr regarding 
internal testing and Phase IV issues and upcoming IT meeting 
ALB Review Plaintiffs' Notice of Supplemental Information in support of 
opposition to motion to adjust SM-M fee 
AL0 Review USi OHA Report (311U03); transmit with cover letter to 
L'L-. counsel 
ALB Review Kessler letter regarding OTR certification and attachment 
ALB Review McKenna response to Plaintiffs' counsel regarding service 
on Secretary 
ALB Review Motion to Continue Motions for summary Judgment and 
affidavit is support thereof; notice of filing of amended certificate of 
service; opposition to Plaintiffs' Motions to treat as conceded and 
strike as untimely motion for partial summary judgment 
Page a 
HrsIRate Amount 
2.00 400.00 
200.001hr 
0.60 120.00 
200.00/hr 
0.10 20.00 
200.00/hr 
8.75 875.00 
100.001hr 
2.60 351.00 
135.001hr 
1.60 216.00 
135.001hr 
0.30 60.00 
200.00/hr 
0.10 20.00 
200.00/hr 
5.60 1,120.00 
200.00/hr 
0.40 80.00 
200.00/hr 
0.80 160.00 
200.001hr 
0.20 40.00 
200.001hr 
0.30 60.00 
200.001hr 
0.10 20.00 
200.OO/hr 
0.10 20.00 
200.00/hr 
1S O 300 00 
200 OO/hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et al. 
3/17/2003 ALB Review Materials related to O&G exploration in Eastern Navajo 
region 
EKV Research - finished drafting of Navajo summary, revised Southwest 
Region and Navajo Region Summary, began work on Midwest 
Region summary. 
3/18/2003 EKV Research - TFAS summary review of Midwest Region completed 
and work performed on Northwest Region. 
EKV Meeting - weekly IT meeting. 
MSS Draftedsole source justification (OST contract) 
MSS Reviewed documents relating to 8th QR 
MSS Reviewed documents relating to 8th QR 
3/19/2003 EKV Research - revised Southwest RegionalTFAS summary memo and 
began second revision on Navajo Regional TFAR summary memo. 
MSS Reviewed HLlP microsoftfile 
MSS Compiled Appraisal information for later analysis 
3/20/2003 ALB 
ALB 
ALB 
ALB 
ALB 
ALB 
ALB 
Review Defendants' Motion for reconsiderationof sanctions in light 
of CM-M decision to release privileged documents 
Review Secretary Norton's Motion (in her individual capacity) for 
Order Relating to Service 
Review Plaintiffs' Opposition to Bentzen's Motion for Protective 
Order to Quash Subpoena and other relief and attachments 
Review Brown-Quinn correspondence regarding expert 
opinionlproduction of documents 
Review Amended Notice of Christie Deposition and attached 
inventory list 
Review Status Report to S.M. of March 18, 2003; draft letter,to 
Kessler regarding OTR Report 
Review Defendants' Motion for Reconsideration of March 5, 2003 
Order Directing Payment to Special Master Alan L. Balaran, and 
Memorandum in Support 
Page 9 
Hrs/Rate Amount 
4.70 940.00 
200.00lhr 
7.75 775.00 
100.00lhr 
8.00 800.00 
100.00/hr 
1.50 150.00 
lOO.OO/hr 
0.80 108.00 
135.00lhr 
1.oo 135.00 
135.001hr 
4.80 648.00 
135.00/hr 
8.75 875.00 
100.00/hr 
0.80 108.00 
135.001hr 
4.00 540.00 
135.001hr 
0.30 60.00 
200.00/hr 
0.30 60.00 
200.00/hr 
0.40 80.00 
200.00/hr 
0.10 20.00 
200.00/hr 
0.20 40.00 
200.00/hr 
0.60 120 00 
200.00/hr 
0.30 60 00 
200.001hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et at. 
3/20/2003 ALB Review Defendants' Motion for Reconsideration of March 5, 2003 
Order Directing Payment to Special Master-Monitor J. Kieffer, and 
Memorandum in Support 
ALE Review Plaintiffs' Notice of Supplemental Authority in Support of 
Plaintiffs' Plan for DeterminingAccurate Balances 
ALB Review Notice of Filing of 13th Quarterly Treasury Report 
ALE Review Motion to Substitute Oeclaration of D. Erwin and attachments 
thereto 
ALE Review Motion for Enlargement regarding Bert Edwards and 
attachments thereto 
ALE Review Motion to substitute declarations of Griles. Cason and 
Swimmer in support of assertions of deliberativeprocess privileges 
ALE Review Filings regarding statute of Imitations and laches 
ALB Conference with J. Kerr regarding Phases I l l and 1V testing and 
future site visits; draft plan of action 
EKV Research - continued revision of Navajo Region and began 
Northwest Region TFAS reviews. 
MSS Developed information on appraisals 
MSS Compiled information for 8th QR analysis 
3121/2003 ALE Review Motion for expedited consideration and clarification regarding 
contact of Plaintiff Old Person 
ALB Review NAlD documents and begin draft of Preliminary NAlD Report 
x- 
ALE Conference with Haspell and Kessler regarding Labat, Trust 
Definition, Trust Training and creation of search engine 
ALE Draft Observations regarding lBO/TFAS review of four regions 
EKV Research - finished Northwest Region and began work on a TFAS 
review synopsis 
ALB Review NAlD documents and draft report in response to court order 
Page 10 
HrdRate Amount 
0.30 NO CHARGE 
200.001hr 
0.30 60.00 
200.00lhr 
0.70 140.00 
200.00lhr 
0.50 100.00 
200.001hr 
0.60 120.00 
200.00/hr 
0.60 120.00 
200.00lhr 
0.30 60.00 
200.001hr 
1.50 300.00 
200.00/hr 
8.50 850.00 
100.00/hr 
1.a0 243.00 
135.00/hr 
3.40 459.00 
135.00/hr 
0.40 80.00 
200.00/hr 
2.00 400.00 
200.001hr 
1.oo 200.00 
200.00/hr 
3.50 700.00 
200,00/hr 
8.25 825.00 
100 OOlhr 
4.50 900 00 
200.00lhr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et al. 
3/21/2003 MSS Reviewedand Analyzed 8th QR files 
3/22/2003 ALB Draft NAID Report; review EDS Reports (lO/lO; 10/31; 11/12) and 
Interior's request to replace HLlP with EDS format and Emergency 
Motion; review comments to EDS first two reports 
3/23/2003 ALB Draft NAlO Report; review EDS Reports (10110; 10131; 11112) and 
Interior's request to replace HLlP with EDS format and Emergency 
Motion; review comments to EDS first two reports 
3/24/2003 ALB Draft NAlD Report based on public information while awaiting 
production of documents 
ALB Conferencewith J. Kerr revieweingWork Plan for Cobell v. Norton 
Project dated March 20, 2003 
ALB Review Court documents related to 8th Quarterly Report 
EKV Research - completed TFAS synopsis report and began revised 
TFAS account 
EKV Meeting with AB regarding status of TFAS review. 
3/25/2003 ALB Review Plaintiffs' Reply to Defendants' Oppositionto Plaintiffs' 
Conolidated Motions regarding concession as to summary judgment, 
untimely opposition to P's Motion for Partial Summary Judgment and 
for enlargement of time to reply to opposition brief (+ attached 
affidavits); consolidated opposition to Norton's Motion for 
enlargement of time to respond to Ps' Motion for Order to Show 
Cause regarding contempt for Edwards and request for expedited 
consideration; Ds' Reply Memorandum in further support of Motion 
for Leave to provide Congress with Summary Versions of E&Y 
Report 
ALB Review Gidener Final Report regardingevents at Chickasaw -draft 
memo to file challenging assumptions for discussion with-err; draft 
letter to Gillett; review letter from Gillett regarding Boise Solicitor's 
Office and draft response 
ALB Draft Chronology of 6th,7th and 8QR 
ALB Review Navajo region IBO documents w/EV for report 
EKV Research - continued work on TFAS summary account. 
Page 11 
HrsIRate Amount 
3.90 526.50 
135.00lhr 
4.80 960.00 
200.00/hr 
5.00 f ,000.00 
200.00/hr 
4.40 880.00 
200.00lhr 
1.60 320.00 
200.00lhr 
2.20 440.00 
200.001hr 
7.75 775.00 
100.00/hr 
1.oo 100.00 
100.00/hr 
1.60 320.00 
200.001hr 
3.50 700.00 
200.001hr 
2.90 sao.00 
200.00/hr 
1.50 300.00 
200.00/hr 
7.75 775.00 
100.00ihr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et al. Page 12 
HrslRate Amount 
3/25/2003 MSS Edited OSTO2CTOOlO analysis 4.00 540.00 
135.00/hr 
3/26/2003 ALE Review Interior Defendants' Motion and Supporting Memorandum for 
Reconsiderationof 3/11/03 Memo granting plaintiffs' request for 
0.70 
200.001hr 
140.00 
sanctions pursuant to 56(g) 
ALE Review NAID memoranda and e-mails relating to creation of 8QR; 
continue drafting report and chronology of events leading to January 
16, 2002 report release 
4.50 
200.00/hr 
900.00 
ALB Review Notification of Proposed Movement of EOR Records and 
attachments; draft letter of approval 
0.60 
200.00/hr 
120.00 
EKV Research - continued work on TFAS summary account. 6.25 
100.001hr 
625.00 
MSS Reviewed amd Analyzed 8th QR files 3.90 
135.001hr 
526.50 
3J2712003 ALE Review Notice of Intention to Reconnect BIA to Internet; draft letter 0.30 60.00 
to Gillett in response 200.00/hr 
ALE Draft Letter regarding proposed oral argument schedule in contempt 0.30 60.00 
proceedings 200.00/hr 
ALE Review Assessment of SAG regarding Sacramento Visit; OHA 1.40 280.00 
connection retest; MMS Strac; NEC; Vconference w/J. Kerr and 200.00/hr 
review letter from Kerr to J. Snoich regarding further remediation 
information 
ALE Review Interior Defendants' Motion to File Under Seal Memo to 0.50 100.00 
Strike Plaintiffs' References to and Quotation of the Content of 200.00/hr 
Attachment "C"; and Motion to Strike Order to Show Cause 
regarding Bert Edwards, HistoricalAccounting Plan and Notice of 
Violation 
ALB Review letters from Gillett requesting reports and regarding the OSM 0.30 60.00 
remediation; draft response. 200.00/hr 
ALE Review Plaintiffs' Notice of Filing Exhibit 1 in support of opposition to 0.20 40.00 
Secretary Norton's Memorandum 200.00/hr 
ALE Draft Report regarding 8QR 4.70 940.00 
200.00/hr 
EKV Research - continued work on Midwest Region TFAS summary 9.00 900.00 
account. 100.001hr 
ALE Draft NAlD Chronology and Report; review 10110101 EDS Report 7.00 1,400 00 
200.00/hr 
.-E This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et ai. v. Norton, et al Page 13 
HrsIRate Amount 
3/27/2003 A t 0 Review Ferrell letter regarding digitization 0.10 20.00 
200.OO/hr 
AL0 Review Weekly Status Report of SAG 0.40 80.00 
200.00fhr 
AL0 Begin Review of Interior's opposition to Plaintiffs' Motion for Order to 1.a0 360.00 
Show Cause why Edwards Should not be held in Civil and Criminal 200.00/hr 
Contempt; and Motion by Secretary Norton (in her individual 
capacity) regarding same 
MSS Reviewed and Analyzed 8th QR files 3.90 526.50 
3/28/2003 EKV 
3/29/2003 ALB 
ALB 
3/3012003 ALE 
313 112003 At0 
ALB 
135.001hr 
Research - continued work on TFAS summary accounts for 8.OO 800.00 
Southwest and Northwest regions. 100.00lhr 
Review Interior Defendants' Opposition to Show Cause Motion 2.60 520.00 
regarding 8. Edwards and attachments; Opposition to Plaintiffs' 200.00lhr 
Motion to Continue 0s' Motion for Summary Judgment Pursuant to 
Fed.R.Civ.P. 56(f) and to Enlarge (wlout attachments 
Draft Review of 8QR Chronology 4.40 880.00 
200.00/hr 
Review checkerboarddocuments; Oil & Gas Journals and draA Site 5.60 1.120.00 
Visit Report to the Navajo Eastern Region 200.00lhr 
Drafi Report to Court regarding 8QR; Site visit to Navajo report and 5.70 1,140.00 
monthly report 200.00/hr 
Review Court Monitor Opinions regarding deliberative process etc 2.20 NO CHARGE 
200.00/hr 
For professional services rendered 400.70 $56,795.50 
Additional Charges : 
a- 
31312003 Copying cost 162.22 
3121I2003 Copying cost for Navajo allottee map 105.75 
3/31/2003 Airline for Kansas City and Albuquerque 834.00 
Food Expenses (at government rate of $42 per diem) 294.00 
Hotel for Kansas and Albuquerque I ~32a.02 
Taxicab to Baltimore and National for Kansas City and Overland Park 88.00 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et at. v. Norton, et al. 
3/31/2003 Rental Cars in Kansas City and Albuquerque 
Gasoline in Kansas City and Albuquerque 
Total costs 
Total amount of this bill 
Previous balance 
4/1/2003 Payment - thank you 
Total payments and adjustments 
Balance due 
Page 14 
Amount 
434.44 
29.10 
$2,975.53 
$59,771.03 
$38,623.77 
($38,623.77) 
($38,623.77) 
$59,771.03 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
, \ 
'. .., . -NAID. fnA . I 
399 
9706 Pennsylvania Avenue 
"c :. :! Upper Marlborm, Maryland 20772 
(301) 599-7085, Fax (3-W) 599-7087 
www,nir/d,cum 
Jan- 7,2003 
Car1 Haahbe 
conoactingofftcw 
O f h ofrhe Specid Tt~~ter: 
T wAcquisition lrod Support Sdvices 
505W q u m e N:fv.,Suite 1403, 
Nbuqucque. h i S7102 
%hreacz Serrlenenr clarzmfar Termination for rhe Convcni=nce of zhc Govemmcnc 
Coamcr OSTO2CTOOO5 
Dear Mr. Hotubbce. 
N - Dackno~vicdgesreceipr of the Ieuer from K&thKaylcdy dated January 6,2003, responding to OK Dectmbm 
26,2002 lem. 
EXHIBIT D 
Defs' Motion to Supplement its 
ni,iri.finmrC L A ' - I-' --...n +,, This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
' .4 . - 
:. . _.' . . % 'i, 
1 Third, it is now over four a d 9 half manrhs since you reminiid h e contracS aud wehave not yet b e ~ - 
. smlemmt negoaacions. NA.lD snbmincd OUT Dnal invoicc, Vsith &hekmxofbeginniag ntpriz&u, an 
* .&gun 22,2002, immediarely &r yan issued your terminatlon lener. Thc Prompt Payrneur A C ~requires 
you LO itcum improper invdces in sewn days,yeryou took WQrnoncbs (undOctober 18,2002)lo respond 
and t e m the invoice with Specific h d o n s . TniS is am more p k c of cvidrcce ha1 yon are acting in 
bad faib and not following the Federal Aquisiuon Rcpkriom and the law. 
Fourth. in OUT pr~tcsCSof bo& rhe EDS c00hacr award and rhe OSTsoiicitaion for managemcat s u p p o ~ 
we ad4bat your dccisiun be p i e w a d by a higher aur.h&ty wi& dleDeparuaent of the Inmior. 'Enis 
request isdlowed in, a d consisrcnr wirh. ths TAR. Yct chis higher aurhority review did not occur. This is 
anocher a m p l e (nor you are actirig in bad faith zod noc fallowing rhc Federal Acqaisitian Replations and 
the Isw. 
Finally, in GUI' Decuiher 26.2002 letter, NAID requrstrd chayaa issue % camarcing o f f i c b sdaision 
' wichizi 60days,JAW F.4.R P a ?3211(c)(l). WE stmd rendy to ncgorim chc settlement ar yotb 
ccrnvenience 
In the fucurc. address 41correspondylce: and negotiations to om counsel Neil R&er at 29 West Susquehma 
Avenue, Suirc 610,Towson, Mkr)hnd 21204. E& may be rcwhd ar (410) 337-6888,and fax (410) 337-0636. This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
CERTIFICATE OF SERVICE 
I declare under penalty of perjury that, on May 13,2003 I served the foregoing Interior 
Defendants’ Motion to Supplement Its Objections to the Interim Report of the Special Master 
Regarding the Filing of Interior’s Eighth Quarterly Report and Interior Defendants ’ Objections 
to the Interim Report of the Speciul Master Regarding the Filing of Interior’s Eighth Quarterly 
Report by facsimile in accordance with their written request of October 31,2001 upon: 
Keith Harper, Esq. 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D.C. 20036-2976 
(202) 822-0068 
Mark Kester Brown, Esq. 
607 - 14th Street, NW 
Box 6 
Washington, DC 20005 
(202) 318-2372 
Per the Court’s Order of April 17,2003, 
by facsimile and by U.S. Mail upon: 
Earl Old Person (Pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 59417 
(406) 338-7530 
By facsimile and U.S. Mail: 
Alan L. Balaran, Esq. 
Special Master 
17 17 Pennsylvania Avenue, N.W. 
13th Floor 
Washington, D.C. 20006 
(202) 986-8477 
Dennis M Gingold, Esq. 
1275 Pennsylvania Avenue, N.W. 
Ninth Floor 
Washington, D.C. 20004 
(202) 3 18-2372 
By U.S. Mail upon 
Elliott Levitas, Esq: 
1100 Peachtree Street, Suite 2800 
Atlanta, GA 30309-4530