JM 19 
IN THE UNITED STATES DISTIUCT COURT 
FOR THE DISTRICT OF COLUMBIA PH 6: 30 
NANCY M. 
333 
HAY E R - #Y I4 1 T T f N G TO H 
CLERK ELOUISE PEPION COBELL, gt 
No. 1:96CV01285 
(Judge Lamberth) Plaintiffs, 
V. 
1 
) 
1 
1 
al., 
GALE A. NORTON, Secretary of 
the Interior, @ A, 
) 
1 
) 
Defend ants. 
INTERIOR DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION 
FOR ENLARGEMENT OF TIME TO FILE OPPOSITION TO INTERIOR 
DEFENDANTS’ MOTION TO DISOUALIFY SPECIAL MASTER BALARAN 
Interior Defendants oppose Plaintiffs’ Motion for Enlargement of Time To File 
Opposition to Interior Defendants’ Motion to Disqualify Special Master Balaran (“Motion for 
Enlargement”). The Motion for Enlargement should be denied. 
On May 29, 2003, Tnterior Defendants filed a Motion to Disqualify Special Master 
Balaran. Under LCvR 7.l(b), Plaintiffs’ opposition was due on June 12,2003. On that date, 
Plaintiffs filed their Motion for Enlargement. The Court did not grant, or otherwise rule on 
Plaintiffs’ Motion for Enlargement as of June 12, 2003, and Plaintiffs did not file any opposition 
to Interior Defendants’ Motion to Disqualify. Any opposition is now untimely. 
If the Court nevertheless chooses to consider the Motion for Enlargement, it should be 
denied because Plaintiffs do not demonstrate good cause for the open-ended enlargement of time 
they have requested here and Defendants will be prejudiced by Plaintiffs’ delay. Plaintiffs ask 
for permission to file an opposition fourteen days after proposed findings and conclusions are 
due for Trial 1.5, or fourteen days after the last day of Trial 1.5 if no proposed findings and concIusions are ordered. Motion for Enlargement at 1. Although a brief enlargement of time 
may have been appropriate under the circumstances, Plaintiffs do not indicate why they need 
such a large amount of time. 
In addition, if the matters addressed in the Motion to Disqualify are not quickly decided, 
Interior Defendants will suffer further prejudice. Special Master Balaran has not suspended his 
activities pending resolution of the Motion to Disqualify. Indeed, he has announced his intention 
to open entirely new investigations. See Letter of June 5, 2003 from Special Master Balaran to 
Amalia Kessler (attached as Exhibit A). 
The delay in the briefing of this matter sought by Plaintiffs is unwarranted and will harm 
Interior Defendants. The Motion for Enlargement should be denied. 
Dated: June 19,2003 Respecthlly submitted, 
ROBERT D. McCALLUM, JR. 
Assistant Attorney General 
STUART E. SCHIFFER 
Deputy Assistant Attorney General 
J. CHRISTOPHER KOHN 
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 ELOUISE PEPION COBELL, al., gt 
Plain tiffs, 
V. 
GALE NORTON, Secretary of the Interior, al., a 
Defendants. 
SO ORDERED. 
Date: 
This matter comes before the Court on Plaintiffs’ Motion for Enlargement of Time To 
File Opposition to Interior Defendants’ Motion to Disqualify Special Master Balaran. Upon 
consideration of the Motion, the responses thereto, and the record in this case, it is hereby 
ORDERED that Plaintiffs’ Motion is DENIED. 
ORDER 
ROYCE C. LAMBERTH 
United States District Judge 
) 
1 
) 
) 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
Case No. 1:96CV01285 
(Judge Lamberth) 
) 
) 
) 
1 
) 
1 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 
Mark Kester Brown, Esq. 
Dennis M. Gingold, Esq. 
607 - 14th Street, NW 
Box 6 
Washington, DC 20005 
Fax (202) 3 18-2372 
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 
17 1 7 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 5941 7 
(406) 338-7530 F-846 T-823 2029869477 From-THE Jlrrl-35-C3 P 02/03 0$:07 
\;IA FACSIMILE 
hm!ia Kesslcr 
UNITED STATES DEPARTMENT 
Civil Division 
Comrnsrcial Litigation Branch 
P. 0. Box 875 
Ben Fronklin Station 
Washin~Ol~, DC 20044-OS75 
Dear Ms, Kessler: 
h March 9003, rhe 
issued of the 
copy ofthe QhfS 
Audit 
11ic to 
irs 
c1ec:ronic 
policies, procedures, and the Government Auditing Srandards (Srandards)." SJS Memorwdum 
fiom Anne Richards, Regom! -4udir hlanager, Cznkal Region 10 the Assisraiit Secretary for 
Land and Mnerals 'Managematt. 
SinceMMS 
minsrais produced 
.VMS Audit Report at 8. 
'creativit!,' 
L A W OFFICE OF ALAN BALARAN 
' 
June 5.2003 
OF JL'STICE 
RE. Cobell v. Norton Civil Action KO. 96-1285 
Minerals 
Audit Report will bc transmirred 
is rzspomible for the 
fioin fcderal, lribal and 
Audit of the Minerals Management Service Audit 
Offices (No. 2003-I-0023j March 2003 
("OIG'') Depanmeni ofthc InLenor OIfice ofthc Inspecror Genera1 
MMruirryrmenr Service Audir Offices {"MMS 
slarcd 
Repon"). (An 
for your review.) Thc 
objective of rhar rspon "was TO dcrerniine wherhsr V M S ' intern21 quality control system 
provides reasonable assurance rhat MMS audirs 2re perfomed in accordance with established 
fees for ,umwil collection of 
Audir 
in royalties $6 biltion 
allotted lands, I became concerned upoil 
"rhen MMS that 
the working papers." Id. 8. At 
The OIG also rcpomd 
auditor rt'constnicted who 
arid 
reading 9 
section of the MMS Audil enritled "Professionalism," whcrc the OIG reported thar ic selected for 
rc\,icw an audir involving Navajo Indian leases. According to the MMS Audit Report, 
[wlhen MMS officials could not locate rhis aadir file, instead of informing [the 
OIG] af thar 1x1, rhcy recreated and backdared iht working papers. The recreared 
papers were dared ro \\hen MMS believed rhe work had been clone rather than 
when the replacement working papers were a c i d l y created. 
granted a cash award, citiug 
EXHIBIT A msr 
allortees) rhar documemation was 
were ”incomplete.”? Instead, Tvih1.5 auditors “recrearcd” and “backdatzd” rhe records 
“-623 P 03/03 F-646 
sets” of files (lacking 
the plainriffs (or, I 
files containing UM 
papers arc germane ro the 
to 
samples and not an exhaustive 
Froin-THE LAW OFFICE OF ALAN @ALARAN 
Audit Repon mentions two other insraiices of missing files penaking to The 
Indian leaszs; a statistical possibility :hat working papers for as many as 62 audits are missing; 
MMS 
MMS 
existence of“incomp1ete tiles” for rhe audits perfonxed by the same employees responsible 
for recreating and backdating the Xivajo leases file; 
working papers or masw indices). I& 
Aside from the violarion 
containing information, 
at 9.’ 
of Coun orders implicated by the loss of Tu‘avajo leasing files 
suspect, the failed ro infonn 
mlsjing and/or thai 
OIG* And 
rhe 
\rust 
was 
missing from these incomplete files and {vork 
infomlng you 
Indian 
onc 
dacumenrs produced by the agency are “origi~ls” or ‘’recreations’’ 
O E nor uncovcrrd this problem in the course of performing 
intention 
am confident that had 
loss of t h t Nalajo tmsi information w o ~ ~ l d not 1iaw come 10 jighl. 
to invesrigare 
trust information is properly maintained and safsparded. 
Sincerely, 
/? 
SPEClAL -VASTER 
2029EE847f 
and 30 ‘‘incomplete 
ihe Cowt, 
warded a cash bonus for his dupliciry. Beyond 
MMS’ leasing files determine 
judgment 
JuC-C5-03 ! 3 : 2 f 
rhe 
Iclavrrjo 
in for marion 
atrernpt to deceive The 
inroimaiion msr 
in an 
this, 
underlbing lirisarion and rhtls discoverable by plaintiffs. Given the findings of the OE, plaintiffs 
can not delermjne wherhcr 
generared by “creative” employees awairing cash bonuses. 
I 
1 
its audit, ihe 
m rhcrefort 
Thank yoti 
As the I1-IMS Audit 
1 
M hethcr indikiduai 
cc: 
These firpes were based 
r e w w of each file. l@ at S-9. 
rhar 
’ 
of my 
EIrcrroilic anachnitnr 
Dennis Gngold, Esq. fw:’artachmenr) 
on statistical md 
Report is dated March 2003, I suspect r h r rhe agency was awware 
I ~ S L docurnenration was missing at the time rhe audjt was undemken in 2001. CERTIFICATE OF SERVICE 
I declare under penalty of perjury that, on June 19,2003 I served the foregoing Interior 
Defendants ’ Opposition to PIaintgs’ Motion for Enlargement of Time to File Opposition to 
Interior Defendants ’ Motion to Disqualify Special Master Balarun 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 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. 
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 
I100 Peachtree Street, Suite 2800 
Atlanta, GA 30309-4530