IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) Plaintiffs, v. ) ) ) ) ) GALE NORTON, Secretary of the Interior, et al., ) Defendants. ) ) __________________________________________) NOTICE OF FILING Defendants in the above-entitled action give Notice of Filing of a letter received yesterday, September 7, 2004, from individual Indian land owners addressed to the Solicitor's Office of the Department of the Interior inquiring about the suspension of a pending sale of their land. Identifying information within the letter has been removed from this filing but can be provided to the Court under seal if so requested. Case No. 1:96CV01285 (Judge Lamberth) Respectfully submitted, Dated: September 8, 2004 ROBERT D. McCALLUM, JR. Associate Attorney General PETER D. KEISLER Assistant Attorney General STUART E. SCHIFFER Deputy Assistant Attorney General J. CHRISTOPHER KOHN Director /s/ Sandra P. Spooner SANDRA P. SPOONER D.C. Bar No. 261495 Deputy Director JOHN T. STEMPLEWICZ Senior Trial Counsel MICHAEL J. QUINN D.C. Bar. No. 401376 Trial Attorney Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875 (202) 514-7194 (phone) (202) 514-9163 (fax) 2 CERTIFICATE OF SERVICE I hereby certify that, on September 8, 2004 the foregoing Notice of Filing 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 September 7,2004 bfs. Rachel Speotor, Assistmi Solicitor Division o f Indian m a u s RE: Federal Court Injunction- Third Party Appeal for Modification um rvritiq are enrollcd I am wAng to appeal For the immdiate madificatjon of the recent federal court injunction dated August 31,2004. 15 month ago my wlfe was forced into a sirUation financially that required her to sell a portion of ?xr tribal trust land to take cate ofher sisters dire medical condition She has been basically roadblock& for the last I5 monchs by our local r e ~ o n B.1.k office in the attempt to SOU. ber land for €inancia1 reso~~ces to further aitcnd her sisters dire medical need. Both my wife and sister-in-law lost their m o t h KI cancer in 1997, ‘therefore placing her as the mahiarch oftbe GmFly and responsible mr the care of her sisters mcdical condition We have hnd to enlist the aid of Stan Speaks (Regional Dirmctor for B1.A.) GabrieUe Sneezy (Supervisor 0-e wife and I h v c exhausted all ow resources lo care land sale to relieve ow financial dishcss and allow nursinz facility a4 requested by her attending physi law is only allowed 3 visits per w e d by nursing staff to imend her need for the of completed Septembn: 1,2004. Special T m e ) to simply conduct a trust to trust saIe ofIndian Land, As afore mentioned after 15 mnnths ofpersistmt diligence, d&g with mis-infurmation, lost sale applications, and Glsc apprakal mileria requirernenTs. We finally, with the asskzance of klr. Sneezy were able to get a B.IA approved ap@l To allow US to proceed with closing of afore mentioned trust to trust sale. W5 were vzry clktraufit to learn oClhe August 31 injunctionthat in a sense freezes all B.I.A. trust transactions or any EM, account activity. The reason for my d’stress over this marter is as follows. 1. My sisrer in law has severe rheumatoid arthritis, with other companion medical conditions shnmhg ftom her arthritic condition. She has an open port to her heart to allow medical personnel 10 give her basically life sustaining medication. Their h i e informed me when I moved my sister-in-law fo North Idaho after her divoTca in Arizona due to her illness, that her medical condition was beyond rhek level ofcare, and € d e m o r e roo complicated for thcm to attend to in their moderate care hilily, and that ‘they would also be unable to utilize conizact health services generally held for such cases bec2use of Lack of funds duc to the current cons~rt~c administering oTlm v3sious medicines. Without lhis land ssle wc have 110 other mcam to s c u m firnding for her medical needs. We h v c .%Ad all OUT life long assets and borrowed begged for all we could to aid her in her time o f need PKmg ourst?lves(my wife and I) in incrediile Gnnoclal disarm ourselves unnble to meet basic monthly bills, food and rravsl d s . Due to this recent court decision handed down August 31,2004. I fear the worst for my sister in law B vvoll as my wife and myself These are dire times for OUT family, so any k b d ofmodiCimtion to enable US to dose lllis trust to lrust sale would no doubt embk Us LO provide the mming cwe needed as well as relieving the .financial stranglehold we now d f e r i r o n Respectfully submitted, P.S. I would like to reinforce I am anon tribal member(camasion) and do not nor have I ever had any kind o f ITM account or olherwise. Please i f t b a ~ ~ is any way to modify rhe afore menuoned decisian I aroplore you please modify this document as such so that we may close om land sale and try to reestablish some semblance of normality to OUT lives and afford us the capitol needed to &tend to my vcry ill sister in law.