IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) ELOUISE PEPION COBELL, et al., ) Civil Action No. 96-1285 (RCL) Plaintiffs, ) ) ) v. GALE A. NORTON, et al., ) ) ) ) ) Defendants. ____________________________________) NOTICE OF FILING OF PROPOSED ORDER Pursuant to the Court's request at the Status Conference held on October 19, 2004, Defendants respectfully submit the attached proposed order. Respectfully submitted, Dated: October 19, 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 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 CERTIFICATE OF SERVICE I hereby certify that, on October 19, 2004 the foregoing Notice of Filing of Proposed Order 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 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) ELOUISE PEPION COBELL, et al., ) Civil Action No. 96-1285 (RCL) Plaintiffs, ) ) ) v. GALE A. NORTON, et al., ) ) ) ) ) Defendants. ____________________________________) ORDER Pursuant to the Status Conference held by the Court on October 19, 2004, the arguments of counsel, and the record herein, it is hereby ORDERED that neither the Court's Order issued December 23, 2002 (Dkt. No. 1692) nor the Court's Order issued September 29, 2004 (Dkt. No. 2708), as modified by the Court's Order issued October 1, 2004 (Dkt. No. 2713), places any restrictions on communications, written or oral, between the Defendants, their agents, representatives, employees, officers, and counsel and members of the Plaintiff class regarding: 1. encumbrances, leasing, lease sales, permitting, rights-of-way, and timber sales of or on individually-owned Indian trust land; 2. the investment of trust funds in IIM accounts; 3. estate planning, will drafting and the probate of or relating to Indian trust assets; 4. the surveying or appraisal of trust assets; 5. title to trust lands; 6. ownership of trust funds or lands; or 7. physical improvements or alterations of trust assets. It is further ORDERED that the Court's Order issued September 29, 2004 (Dkt. No. 2708), as modified by the Court's Order issued October 1, 2004 (Dkt. No. 2713), is not applicable to oral communications between the Defendants, their agents, representatives, employees, officers, and counsel and members of the Plaintiff class related to the sale, exchange, transfer, or conversion of Indian trust land. SO ORDERED this ____ day of _____________, 2004. __________________________ ROYCE C. LAMBERTH United States District Judge - 2 - 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. 607 - 14th Street, NW, Box 6 Washington, D.C. 20005 Fax (202) 318-2372 Keith Harper, Esq. Richard A. Guest, 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 Earl Old Person (Pro se) Blackfeet Tribe P.O. Box 850 Browning, MT 59417 (406) 338-7530 - 3 -