Civil Division

U.S. Department of Justice

Cobell v. Norton, et al.

Case No. 1:96CV01285 (D.D.C.)

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September, 2003 Filings

The Department of Justice has previously filed the following documents on behalf of the United States and the Departments of the Interior and Treasury. Click here for additional archives.

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Cobell Case Documents
Date and Summary Full Title

September 26, 2003
Government seeks ruling on recusal of Special Master Balaran by October 15 in order to permit Court of Appeals to consider the issue, if necessary, along with other pending motions for his recusal

Renewed Motion for Expedited Resolution of Motion to Recuse the Special Master with Request for a Ruling by October 15, 2003 to Permit Timely Appellate Review If Necessary


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September 26, 2003
Interior opposes plaintiffs' motion for enlargement of time in light of irreparable harm that will result if the Court does not act swiftly to curb the Special Master's "investigative, quasi-inquisitorial, quasi-prosecutorial role that is unknown to our adversarial legal system"

Interior Defendants' Opposition to Plaintiffs' Motion for an Enlargement of Time to File an Opposition to Interior Defendants' Motion for an Order Directing the Special Master to Conform His Conduct to Limits Stated by the Court of Appeals; to Vacate or Clarify Existing Orders as Appropriate: and to Act on this Motion on an Expedited Basis


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September 25, 2003
Government notes its appeal of Preliminary Injunction entered by the Court on July 28, 2003 in connection with information technology systems

Notice of Appeal


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September 25, 2003
Interior seeks to have stricken plaintiffs' pleading that is unauthorized under the rules of the Court, is factually incorrect and which constitutes yet another scandalous attack upon numerous government officials

Interior Defendants' Motion to Strike "Plaintiffs' Notice of Supplemental Authority in Support of Complaints Filed by Plaintiffs on August 27, 2003 and September 10, 2003 Regarding this Court's Preliminary Injunction" or, in the Alternative, Interior Defendants' Response Thereto


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September 24, 2003
Interior asks Court to limit the activities of the Special Master in light of his consistent disregard for the proper limits on his role

Interior Defendants' Motion for an Order Directing the Special Master to Conform His Conduct to Limits Stated by the Court of Appeals; to Vacate or Clarify Existing Orders as Appropriate; and to Act on this Motion on an Expedited Basis


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September 23, 2003
Government seeks to strike plaintiffs' illegitimate attempt to put additional evidence before the Court after the close of Trial 1.5

Interior Defendants' Motion to Strike Notice of Supplemental Authority in Support of Plaintiffs' Proposed Findings of Fact and Conclusions of Law Dated August 4, 2003 and in Support of Plaintiffs' Plan for Determining Accurate Balances in the Individual Indian Trust, Dated January 6, 2003


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September 22, 2003
Interior seeks protective order to prevent discovery of its employee that is unauthorized and neither relevant to any claim nor likely to lead to any admissible evidence

Interior Defendants' Motion for a Protective Order Regarding Plaintiffs' Notice of Deposition of Anson Baker and Request for Production of Documents


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September 18, 2003
Government objects to discovery propounded to its counsel that is not authorized, seeks privileged information and/or has already been provided to plaintiffs in other productions

Objections of the United States to the Requests for Production of Documents Included in the Notices for the Depositions of Terry Petrie, Michael Quinn, and Sandra Spooner


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September 16, 2003
Government seeks to strike plaintiffs' outrageous comments that violate even the most relaxed interpretation of appropriate standards of attorney civility

Defendants' Motion to Strike Plaintiffs' "Comments," Filed August 27, 2003


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September 15, 2003
Interior opposes plaintiffs' motion that is unsupported by fact or law

Interior Defendants' Memorandum in Opposition to Plaintiffs' "Motion to Strike or Disregard" Section III of Interior Defendants' Reply Brief in Support of Information Technology Protective Order


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September 12, 2003
Government seeks to quash subpoenas served on government counsel noting that plaintiffs have not made requisite showing necessary to depose opposing counsel, the information sought is available elsewhere and, in any event, discovery is not authorized at this time

Motion of the United States for a Protective Order and Motion to Quash the Subpoenas Issued to Terry Petrie, Michael Quinn, and Sandra Spooner


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September 11, 2003
Interior moves to prevent deposition and discovery of former employee that is both unauthorized and in direct contravention of Special Master's scheduling orders

Interior Defendants' Motion for Protective Order and Motion to Quash Plaintiffs' Notice of Deposition and Request for Production of Documents Directed to Non-party Michael Carr and Defendants


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September 11, 2003
Interior asks Court to vacate order imposing sanctions that is inconsistent with recent Court of Appeals ruling

Interior Defendants' Motion for Leave and Supplemental Memorandum in Further Support of their Motion for Reconsideration of the March 5, 2003 Memorandum and Order insofar as it Imposed Sanctions on Interior Defendants and their Counsel


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September 02, 2003
Government urges summary denial of plaintiffs' time-wasting motion noting that its proposed findings of facts and conclusions of law are relevant and are neither prejudicial to the plaintiffs nor are they "redundant, impertinent, immaterial or scandalous"

Defendants' Opposition to Plaintiffs' Motion to Strike Portions of Defendants' Proposed Findings of Fact and Conclusions of Law Following the Phase 1.5 Trial


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September 02, 2003
Treasury files its quarterly report with the Court

Notice of Filing of the Fifteenth Quarterly Report for the Department of the Treasury


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