Case 1:96-cv-01285-JR Document 3359 Filed 07/11/2007 Page 1 of 3 
UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 

ELOUISE PEPION COBELL, et al., : 
: 
Plaintiffs, : 
: 

v. 	: Civil Action No. 96-1285 (JR)

: 
DIRK KEMPTHORNE, Secretary of: 
the Interior, et al., : 

: 
Defendants. :

SCHEDULING ORDER 
Following a status/scheduling conference held in open court on 
July 9, 2007, the following pretrial schedule is adopted: 

1. 	
Plaintiffs may identify deficiencies in the administrative 
record [3357] no later than August 6, 2007. The government 
may have eleven (11) days to respond. 


2. 	
Rule 26(a)(2) designations of expert witnesses are due 
August 17 from both sides. Designations of responding 
experts are due September 17. Rule 26(a)(2)(B) reports are 
to be filed for all witnesses expected to present 
substantial opinion testimony. 


3. 	
The parties are to exchange trial exhibits by August 31. 
Plaintiffs may have eleven (11) days to disclose additional 
exhibits responsive to defense exhibits that relate to the 
“cost” and “throughput” issues. Exhibits previously 
received in evidence in this case and documents within the 
administrative record need not be provided in the exchange. 


4. 	
If plaintiffs wish to offer statements, by affidavit or 
declaration, of persons unable to attend the trial because 
of some disability, they must provide such statements to 
defendants by August 31, together with appropriate 
identification of the affiants or declarants and the reasons 
why they cannot appear for trial. Objections must be made 
by September 7 and will be ruled on immediately. Upon 
notice by the government under Rule 30, any such affiant or 
declarant must be made available for de bene esse deposition 
a reasonable time before trial. 


5. 	
Pretrial statements compliant with LCvR 16.5(b)(1) are due 
September 17. 


6. 	
Motions in limine are due September 21. 


7. 	
A final pretrial conference is set for September 28 at 
3 p.m. 


8. 	
The parties will notify one another of their first three 
witnesses three business days before they testify and 
thereafter provide one another with three business days 
“rolling notice” of witnesses. Such notice is to include 
the subject matter and expected duration of the witnesses’ 
testimony. 



Case 1:96-cv-01285-JR Document 3359 Filed 07/11/2007 Page 2 of 3 
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Case 1:96-cv-01285-JR Document 3359 Filed 07/11/2007 Page 3 of 3 
9. 	Documents previously received in evidence will be deemed 
admissible, subject only to objections as to relevance or 
materiality. 


It is SO ORDERED.

 JAMES ROBERTSON 
United States District Judge 

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