'I dL16 1 5 p;'i 3: 59 IN THE UNITED STATES DISTRICT COURT +-- 
FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPION COBELL, @ al., 
Plaintiffs, 
V. 
1 
1 
) 
1 
) Case No. 1 :96CV01285 
(Judge Lamberth) 
GALE A. NORTON, Secretary of the Interior, 
Defendants. 
- 
) 
) 
) 
1 
) 
) 
gt &, 
his Reply. 
DEFENDANTS' OPPOSITION TO EDDIE JACOBS'S 
BRIEF/ARGUMENT IN SUPPORT OF HIS MOTION 
FOR LEAVE TO FILE AMICUS CURIAE PRO SE 
Defendants file this opposition to Eddie Jacobs's BrieUArgument in Support of Motion 
for Leave to File Amicus Curiae Pro Se ("BrieflArgument"). Mr. Jacobs has previously filed a 
motion for amicus status as well as ;t reply to Defendants' brief in opposition. 'The Court has not 
ruled upon that motion, and the Local Rules do not perniit him to file this Bnef/Argument. The 
Court should therefore not consider Mr. Jacobs's Briefihgument. 
Mr. Jacobs filed his Motion for Leave to Pile Amicus Curiae Pro Se on July 8,2003. In 
this document, Mr. Jacobs presented several arguments in support of his amicus request. On July 
22,2003, Defendants filed their opposition brief. On August 1,2003, Mr. Jacobs filed his reply 
memorandum. In this document, Mr. Jacobs addressed many points raised in Defendants' 
opposition brief. Tn the meantime, on July 28, Mr. Jacobs had filed his BrieUArgument. In this 
BrieUArgument, Mr. Jacobs reiterated many of the arguments made in his initial Motion and in 
- 1 - The Local Rules require a motion to be accompanied by a "statement of points and 
authorities," see Local Civil Rule 7.1(a), and permit a brief in opposition to be filed eleven days 
later, id. at 7.1 (b), followed by a reply memorandurn five days later, id. at 7.1 (d). As the Local 
Rules do not permit any ftirther pleadings in response to a motion, the Court should not consider 
Mr. Jacobs's Brief/Argument. 
In the event the Court chooses to consider Mr. Jacobs's Brief/Argument, then the Court 
should deem it a reply memorandum and should not consider the reply memorandum Mr. Jacobs 
filed on August 1, 2003. If the Court permits Mr. Jacobs to file his Brief/Argument as an 
additional pleading, Defendants hereby incorporate Defendants' Opposition to Eddie Jacobs's 
Motion for Leave to File Amicus Curiae Pro Se, filed July 22,2003. 
Respectfully submitted, Dated: August 15,2003 
ROBERT D. McCALLUM, JR. 
Associate Attorney General 
PETER D. KEISLER 
Assistant Attorney General 
STUART E. SCHIFFER 
Deputy Assistant Attorney General 
J. CHRISTOPHER KOHN 
fl SANDRA P. SPOONER 
D.C. Bar No. 261495 
Deputy Director 
JOHN T. STEMPLEWICZ 
Senior Trial Attorney 
JOHN J. STEMIETKOWSKI 
Trial Attorney 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875 
- 2 - Ben Franklin Station 
Washington, D.C. 20044-0875 
(202) 5 14-3368 
(202) 514-9163 (fax) 
- 3 - IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
ELOUJSE PEPlON COBELL, al., 
Plaintiffs, 
V. Case No. 1 :96CV01285 
(Judge Lamberth) 
1 
1 
1 
1 
1 
1 
GALE A. NORTON, Secretary of the Interior, 1 
Defendants. 1 
) 
gt al., 
Pro Se shall not be filed. 
Dated: 
) 
__ ' 
responses, it is hereby Ordered that: 
ORDER 
Having considered Eddie Jacobs's BrieUArgument in Support of his Motion 
for Leave to File Amicus Curiae Pro Se, Defendants' Opposition to same, and any other 
Eddie Jacobs's Brief/Argument in Support of his Motion for Leave to File Amicus Curiae 
Hon. Royce C. Lamberth 
United States District Judge cc: 
Sandra P. Spooner, Esquire 
John T. Stemplewicz, Esquire 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-0875 
Fax (202) 5 14-9 163 
Dennis M Gingold, Esquire 
Mark Kester Brown, Esquire 
607 14th St., N.W., Box 6 
Washington, D.C. 20005 
Fax (202) 3 18-2372 
Keith Harper, Esquire 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D.C. 20036-2976 
Fax (202) 822-0068 
Elliott Levitas, Esquire 
1 100 Peachtree Street, Suite 2800 
Atlanta, GA 30309-4530 
Alan L. Balaran 
Special Master 
17 17 Pennsylvania Avenue, N.W. 
12th Floor 
Washington, D.C. 20006 
Charles A. Hobbs, Esquire 
Geoffiey D. Strommer, Esquire 
Attorneys for National Congress of American Indians 
2120 L St., N.W., Suite 700 
Washington, D.C. 20037 
Telefax: 202-296-8834 
John Dossett, Esquire 
General Counsel, National Congress of American Indians 
1301 Connecticut Ave., N.W., Suite 200 
Washington, D.C. 20009 
Telefax: 202-466-7797 CERTIFICATE OF SERVICE 
I declare under penalty of perjury that, on August 15,2003 I served the foregoing 
Defendants' Opposition to Eddie Jacobs's BrieflArgttment in Support of His Motion f o r Leave to 
File Amicus Curiae. Pro Se by facsimile in accordance with their written request of October 3 1, 
2001 upon: 
Keith Harper, Esq. 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D.C. 20036-2976 
(202) 822-0068 
Per the Court's Order of April 17,2003, 
by facsimile and by US. Mail upon: 
Earl Old Person (Pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 5941 7 
(406) 338-7530 
Dennis M Gingold, Esq. 
Mark Kester Brown, Esq. 
607 - 14th Street, NW 
Box 6 
Washington, D.C. 20005 
(202) 3 18-2372 
By U S . Mail upon: 
Elliott Levitas, Esq 
1100 Peachtree Street, Suite 2800 
Atlanta, GA 30309-4530 
Mr. Eddie Jacobs 
P.O. Box 2322 
Oklahoma City, OK 73 I01