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Civil Division

U.S. Department of Justice

Cobell v. Salazar, et al.

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

 


The following pleadings on behalf of defendants/appellants and Orders and Opinions of the Court have been filed in the United States Circuit Court for the District of Columbia in the Cobell case

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Date Full Title
July 24, 2009

Court of Appeals vacates the District Court's opinions and remands the case back to the lower Court for further proceedings

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May 18, 2009

Transcript of May 11th Oral Argument before the U.S. Court of Appeals for the District of Columbia Circuit

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April 6, 2009

Government's Reply Appellate Brief

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February 20, 2009

Government's Opening Appellate Brief

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March 26, 2007

US Supreme Court's Denial of Plaintiffs' Petition for Writ of Certiorari to Prevent the Reassignment of the Cobell Case to a New District Court Judge.

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March 26, 2007

US Supreme Court's denial of Plaintiffs' Petition for Writ of Certiorari to restore the 2005 I-T Security Injunction

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December 06, 2006

MANDATE vacating the Rule 23(b) Class Communication Order and to Granting Motion to Assign this Case to a New Judge

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November 09, 2006

ORDER Denying Plaintiff-Appellees' Petition for a Stay of the Mandate in Appeal of the Rule 23(b) Class Communication Order and to Motion to Assign this Case to a New Judge

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October 19, 2006

MANDATE vacating the District Court's October 20, 2005 Injunction Severing Internet Connections at Department of Interior

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October 11, 2006

Amended Response and Opposition to Plaintiff-Appellees' Petition for a Stay of the Mandate in Appeal of the Rule 23(b) Class Communication Order and to Motion to Assign this Case to a New Judge

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October 11, 2006

Response and Opposition to Plaintiff-Appellees' Petition for a Stay of the Mandate in Appeal of the Rule 23(b) Class Communication Order and to Motion to Assign this Case to a New Judge

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September 26, 2006

ORDER denying Plaintiff-Appellees' Petition for Rehearing before the Panel of the Appeal of the Rule 23(b) Class Communication Order and to Motion to Assign this Case to a New Judge

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September 26, 2006

ORDER denying Plaintiff-Appellees' Petition for Rehearing En Banc of the Appeal of the Rule 23(b) Class Communication Order and to Motion to Assign this Case to a New Judge

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September 26, 2006

ORDER denying Plaintiff-Appellees' Petition for Rehearing before the Panel of the Appeal of the October 20, 2005 Injunction Severing Internet Connections at Department of Interior

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September 26, 2006

ORDER denying Plaintiff-Appellees' Petition for Rehearing En Banc of the Appeal of the October 20, 2005 Injunction Severing Internet Connections at Department of Interior

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July 11, 2006

OPINION vacating the October 20, 2005 Injunction Severing Internet Connections at Department of Interior

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July 11, 2006

OPINION vacating the Rule 23(b) Class Communication Order and to Granting Motion to Assign this Case to a New Judge

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June 12, 2006

Government's Letter to Court of Appeals under FRAP 28(j) adsiving Panel Hearing Appeal of the Rule 23(b) Class Communication Order and to Motion to Assign this Case to a New Judge Before the Same Panel of Mandamus Suppressing of The Special Master's Disputed Reports

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June 09, 2006

OPINION granting Petition for Writ of Mandamus and Order Suppression of The Special Master's Disputed Reports

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March 27, 2006

Motion to File Two Supplemental Joint Appendix Volumes

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March 20, 2006

Government's Letter to Court of Appeals under FRAP 28(j) Forwarding FISMA "Scorecard" on Computer Security

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March 13, 2006

Motion to File Two Supplemental Joint Appendix Volumes

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February 06, 2006

ORDER granting Motion to Schedule Argument in Appeal of 2005 I-T Security Injunction and Appeal of the Rule 23(b) Class Communication Order and to Motion to Assign this Case to a New Judge Before the Same Panel

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February 06, 2006

Government's Letter to Court of Appeals under FRAP 28(j) Correcting of Date in Appellants Reply in Support of Motion to Schedule Argument

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February 03, 2006

Government's Reply Brief in Support of Appeal of 2005 I-T Security Injunction and Appeal of the Rule 23(b) Class Communication Order and to Motion to Assign this Case to a New Judge Before the Same Panel Citations to the Joint Appendix

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February 03, 2006

Government's Final Brief for Appeal of 2005 I-t Security Injunction and Appeal of the Rule 23(b) Class Communication Order and to Motion to Assign this Case to a New Judge Before the Same Panel Citations to the Joint Appendix

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February 01, 2006

Reply Brief Supporting Motion to Schedule Argument in Appeal of 2005 I-T Security Injunction and Appeal of the Rule 23(b) Class Communication Order and to Motion to Assign this Case to a New Judge Before the Same Panel

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January 27, 2006

Brief in Opposition to Plaintiffs Request to file Sur-reply in Appeal of the Rule 23(b) Class Communication Order and to Motion to Assign this Case to a New Judge before the same Panel

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January 20, 2006

Reply Brief in Appeal of the Rule 23(b) Class Communication Order and to Motion to Assign this Case to a New Judge before the same Panel

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January 19, 2006

Motion to Schedule Argument in Appeal of 2005 I-T Security Injunction and Appeal of the Rule 23(b) Class Communication Order and to Motion to Assign this Case to a New Judge Before the Same Panel

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January 11, 2006

Brief for the Appellants Appealing October 20, 2005 Injunction Severing Internet Connections at Department of Interior

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December 29, 2005

ORDER granting Extension and Schedule Adjustment to File Reply Brief in Appeal of the Rule 23(b) Class Communication Order and to Motion to Assign this Case to a New Judge

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December 14, 2005

Motion for a 14-day Extension in Which to File Reply Brief in Appeal of the Rule 23(b) Class Communication Order and to Motion to Assign this Case to a New Judge

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December 09, 2005

ORDER dissolving the Administrative Stay Issued October 21, 2005 and Granting Defendants' Motion for a Full Stay Pending Appeal

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December 07, 2005

ORDER granting Appellees Emergency Motion for Immediate Issuance of the Mandate Vacating the 2004 I-T Security Injuction

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December 05, 2005

ORDER denying Plaintiff-Appellees' Motion for Leave to Exceed Word Limitations and Directing Inclusion in the Brief Issues Raised in the Motion to Reassign Case to a Different District Judge

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November 23, 2005

Brief to Vacate Rule 23(b) Class Communication Order and Motion to Assign this Case to a New Judge

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November 21, 2005

Reply to Opposition to Motion for Stay Pending Appeal, and Opposition to Motion to Vacate this Court's Administrative Stay

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November 16, 2005

ORDER granting extension and schedule adjustment

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November 15, 2005

MANDATE vacating the District Courts Reissuance of the Historical Accounting Injunction

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November 15, 2005

OPINION vacating the District Courts Reissuance of the Historical Accounting Injunction

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November 15, 2005

ORDER vacating historical accounting structural injunction.

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November 07, 2005

Government's letter to Court of Appeals under FRAP 28(j) regarding Plaintiffs' Use of Suspect Special Master Reports in a District Court Pleading

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September 2, 2005

ORDER per curiam that the emergency motion for stay be granted, and that the district court's order filed July 12, 2005 be stayed pending resolution of this appeal.

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August 15, 2005

Motion for Reassignment of this Case to a Different District Court Judge

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August 10, 2005

Brief for the Petitioner
(Recusal of Special Master)

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July 28, 2005

ORDER that the district court's order filed July 12, 2005 be stayed pending further order of this court. The purpose of this administrative stay is to give the court sufficient opportunity to consider the merits of the emergency motion for stay, and it should not be construed in any way as a ruling on the merits of that motion
(Class Communications)

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July 27, 2005

Emergency Motion for Stay of July 12, 2005 Order Pending Oral Argument on the Structural Injunction Appeal (Appeal No. 05-5068), and Pending Further Order of this Court
(Class Communications)

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July 20, 2005

ORDER This case has been scheduled for oral argument on Friday, October 14, 2005 at 9:30 A.M. before Chief Judge Ginsburg and Circuit Judges Henderson and Randolph
(Recusal of Special Master)

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July 08, 2005

ORDER by the Court on its own motion, that the above-entitled case be scheduled for oral argument on Friday, September 16, 2005 at 9:30 A.M. before Circuit Judge Garland and Senior Circuit Judges Silberman and Williams
(Structural Injunction II)

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July 01, 2005

Reply Brief for Appellants
(Structural Injunction II)

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May 18, 2005

Brief for Appellants
(Structural Injunction II)

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April 15, 2005

Opposition to Plaintiffs' Motion to Dismiss
(Recusal of Special Master)

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April 07, 2005

ORDER per curiam that emergency motion for stay pending appeal be granted. The district court's order filed February 23, 2005, reissuing the historical accounting provisions of the court's structural injunction, is stayed pending resolution of this appeal, except to the extent that Part 3 of the order requires additional briefing on topics other than the historical accounting
(Structural Injunction II)

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April 04, 2005

Response to Order of February 25, 2005
(Recusal of Special Master)

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March 24, 2005

Reply in Support of Emergency Motion for Stay Pending Appeal and Expedition, and Response in Opposition to Motion to Remand
(Structural Injunction II)

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March 10, 2005

ORDER per curiam that appellees file their response to the emergency motion on or before Thursday, March 24, 2005
(Structural Injunction II)

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March 09, 2005

Appellants' Emergency Motion for Stay Pending Appeal and Expedition
(Structural Injunction II)

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February 25, 2005

ORDER per curiam that by March 25, 2005, the parties file motions to govern proceedings. The parties are directed to address whether the petition is moot in light of the disposition of Cobell v. Norton, 392 F.3d 461 (D.C. Cir. 2004) and In re: Brooks, 383 F.3d 1036 (D.C. Cir. 2004)
(Recusal of Special Master)

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January 03, 2005

MANDATE of December 03, 2004 Judgment vacating and remanding judgment of the District Court
(IT Security Appeal and IT Security Appeal II)

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January 03, 2005

ORDER per curiam that upon consideration of appellees' emergency motion for immediate issuance of the mandate, the Clerk is directed to issue the mandate forthwith.
(IT Security Appeal and IT Security Appeal II)

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December 29, 2004

Response to Motion for Immediate Issuance of Mandate
(IT Security Appeal and IT Security Appeal II)

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December 09, 2004

Government's letter to Court of Appeals under FRAP 28(j) regarding signing into law of the Consolidated Appropriations Act appropriating funding for the Office of the Special Trustee and historical accounting
(Structural Injunction Appeal)

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December 03, 2004

ORDER that the Clerk withhold issuance of the mandate until seven days after disposition of any timely petition for rehearing or petition for rehearing en banc
(IT Security Appeal and IT Security Appeal II)

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November 8, 2004

Government's letter to Court of Appeals under FRAP 28(j) regarding November 2003 Department of Interior publication entitled "Independent Auditors' Report on the U.S. Department of the Interior's Fiscal Year 2003 Annual Report on Performance and Accountability"
(IT Security Appeal and IT Security Appeal II)

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October 05, 2004

Government's letter to Court of Appeals under FRAP 28(j) regarding transmittal of account statements
(Structural Injunction Appeal)

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October 05, 2004

Government's letter to Court of Appeals under FRAP 28(j) regarding September 9, 2004 district court ruling
(Structural Injunction Appeal)

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August 25, 2004

Government's letter to Court of Appeals under FRAP 28(j) regarding General Account Office and National Institute of Standards publications
(IT Security Appeal and IT Security Appeal II)

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August 25, 2004

Government's letter to Court of Appeals under FRAP 28(j) regarding General Account Office and National Institute of Standards publications
(Structural Injunction Appeal)

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June 28, 2004

Government's letter to Court of Appeals under FRAP 28(j) regarding recent Supreme Court ruling regarding limits on District Court's jurisdiction
(Structural Injunction Appeal)

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June 21, 2004

Reply Brief for Appellants
(IT Security Appeal and IT Security Appeal II)

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May 12, 2004

ORDER that the above entitled case be scheduled for oral argument on Wednesday, September 15, 2004 at 2:00 p.m. before Circuit Judges Sentelle and Tatel and Senior Judge Williams.
(Structural Injunction Appeal)

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May 11, 2004

ORDER per curiam that the petition for writ of mandamus be held in abeyance pending the resolution of nos. 03-5314 and 03-5262.
(Recusal of Special Master)

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April 21, 2004

ORDER per curiam that the motion for en banc consideration of the court's stay order filed January 28, 2004 be denied.
(Structural Injunction Appeal)

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April 21, 2004

ORDER per curiam consideration of the court's stay order filed January 28, 2004 be denied. Before Judges Henderon, Randolph and Tatel
(Structural Injunction Appeal)

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April 16, 2004

Response to Order to Show Cause
(Recusal of Special Master)

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April 07, 2004

ORDER per curiam that the administrative stay be dissolved, that the motion for stay pending appeal be granted, and that the district court's preliminary injunction issued on March 15, 2004 be stayed to the extent that the injunction requires disconnection from the internet of "Information Technology Systems" that were connected as of that date. Before Judges Ginsburg, Randolph and Rogers
(IT Security Appeal and IT Security Appeal II)

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April 06, 2004

Brief for the Appellants
(IT Security Appeal and IT Security Appeal II)

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April 06, 2004

Brief for the Appellants
(Structural Injunction Appeal)

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April 06, 2004

ORDER per curiam that, in light of the Special Master's resignation, the case is removed from oral argument calendar for April 8, 2004 and petitioner shall show cause within ten days why the petition for show cause should not be dismissed as moot. Before Judges Ginsburg, Henderson and Randoph
(Recusal of Special Master)

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April 06, 2004

Government's letter to Court of Appeals under FRAP 28(j) regarding Special Master's resignation and significant new issues raised by the resignation
(Recusal of Special Master)

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April 01, 2004

ORDER per curiam that the motion to consolidate the IT security appeals be granted. Before Judges Ginsburg, Randoph and Rogers
(IT Security Appeal and IT Security Appeal II)

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March 31, 2004

Reply in Support of Government's Motion for Stay Pending Appeal and Opposition to Plaintiffs' Motion to Vacate Administrative Stay
(IT Security Appeal II)

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March 31, 2004

Reply in Support of Government's Emergency Motion for Consolidation of Appeals
(IT Security Appeal and IT Security Appeal II)

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March 24, 2004

ORDER per curiam that the motion for a temporary stay pending consideration of the motion for a stay pending appeal be granted and that the district court's preliminary injunction filed March 15, 2004 be stayed pending further Order of the Court; that the appellees file a response to the motion to consolidate appeals and a response to the motion for a stay pending appeal by March 29, 2004.
(IT Security Appeal and IT Security Appeal II)

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March 24, 2004

Emergency Motion for Stay Pending Appeal and for Temporary Stay Pending Consideration of Motion
(IT Security Appeal II)

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March 24, 2004

Emergency Motion to Consolidate Appeals
(IT Security Appeal and IT Security Appeal II)

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March 16, 2004

Government's letter to Court of Appeals under FRAP 28(j) regarding District Court's decision declining to recuse Special Master
(Recusal of Special Master)

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March 15, 2004

Reply in Support of Motion to Assign Consideration of this Mandamus Petition to the Panel Before Whom Related Mandamus Petitions Have Been Scheduled for Argument on March 15, 2004
(Recusal of Special Master)

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February 26, 2004

ORDER per curiam Establishing the initial briefing schedule: Appellants' brief (not to exceed 20,000 words)due on 4/6/04; Plaintiffs-Appellees' brief (not to exceed 20,000 words) due on 5/17/04; Appellants' reply brief (not to exceed 10,000 words) due on 6/7/04; Deferred appendix due on 6/14/04; Final brief due on 6/21/04. The Clerk is directed to schedule this appeal for oral argument on the next appropriate date after comppletion of the briefing. Before Judges Edwards, Rogers, Tatel
(Structural Injunction Appeal)

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February 26, 2004

ORDER per curiam establishing the initial briefing schedule: Appellants' brief due on 4/6/04; Plaintiffs-Appellees' brief due on 5/17/04; Appellants' reply brief due on 6/7/04; Deferred appendix due on 6/14/04; Final briefs due on 6/21/04. The Clerk is directed to schedule this appeal for oral argument on the next appropriate date after completion of the briefing. Before Judges Edwards, Rogers, Tatel
(IT Security Appeal)

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February 20, 2004

Reply to Plaintiffs' Response Regarding Expansion of Page Limits
(Structural Injunction Appeal)

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February 20, 2004

Reply in Support of Scheduling Motion
(IT Security Appeal)

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February 13, 2004

Response to Plaintiffs' Emergency Motion for Expedited Briefing and Argument
(Structural Injunction Appeal)

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February 13, 2004

Notice of Scheduling Motion Filed in Related Case no. 03-5314
(IT Security Appeal)

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December 19, 2003

Defendants-Appellants' Response to Plaintiffs-Appellees' Supplemental Authority regarding Fourth Report on Computer Security at Federal Departments and Agencies
(Structural Injunction Appeal)

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December 05, 2003

Appellants' Transcript Report, Statement of Issues, Certificate of Counsel, Statement Reqardinq Deferred Appendix, and attached Docketinq Statement, and Copies of Decision
(Structural Injunction Appeal)


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November 28, 2003

Reply in Support of Government's Motion for Stay Pending Appeal and Opposition to Plaintiffs' Motion to Vacate Administrative Stay
(Structural Injunction Appeal)


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November 28, 2003

Appellants' Reply in Support of Motion to Consolidate Related Appeals
(Structural Injunction and IT Security Appeals)

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November 19, 2003

MANDATE of July 18, 2003 Judgment vacating September 17, 2002 Contempt II Ruling
(Contempt II Appeal)

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November 13, 2003

Appellants' Reply to Opposition to Motion to Hold Appeal in Abeyance
(IT Security Appeal)

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November 13, 2003

Motion to Consolidate Related Appeals
(Structural Injunction and IT Security Appeals)

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November 10, 2003

MANDATE of September 9, 2003 Order Granting Federal Appellants' Motion for Voluntary Dismissal of Nos. 03-5063 and 03-5097
(Attorney-Client/Work Product Appeal)

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November 10, 2003

Appellants' Motion for Stay Pending Appeal
(Structural Injunction Appeal)

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November 05, 2003

ORDER that Appellant will submit documents by the indicated dates (December 15 and 22, 2003) and file a final status report within three days of receipt of all transcripts; briefing in this case is deferred pending further Order
(Structural Injunction Appeal)

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October 29, 2003

Appellants' Motion to Hold Appeal in Abeyance
(IT Security Appeal)

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October 17, 2003

Petition for Writ of Mandamus
(Recusal of Special Master)

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October 10, 2003

ORDER that Appellees' Petition for Rehearing en banc be denied
(Contempt II Appeal)

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September 26, 2003

Appellants' Response to Rehearing Petition
(Contempt II Appeal)

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August 25, 2003

Federal Government's Reply in Support of Motion for Voluntary Dismissal of Consolidated Appeals
(Attorney-Client/Work Product Appeal)

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August 12, 2003

Federal Government's Motion for Voluntary Dismissal of Consolidated Appeals
(Attorney-Client/Work Product Appeal)

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July 18, 2003

OPINION reversing Special Master-Monitor Kieffer's reappointment and the citations for contempt; but Court lacks jurisdiction to consider whether District Court overstepped its authority
(Contempt II Appeal)

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July 18, 2003

ORDER that Clerk will withhold issuance of Mandate herein until seven days after disposition of any untimely petition for rehearing or petition for rehearing en banc
(Contempt II Appeal)

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July 18, 2003

ORDER denying Plaintiffs'-appellees' motion to dismiss insofar as it concerns contempt citations and matters related to Special Master-Monitor Kieffer; granted in all other respects; Norton's and McCaleb's brief to be filed as amicus; denying motions to strike
(Contempt II Appeal)

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July 15, 2003

ORDER scheduling oral arguments for January 12, 2004 at 9:30 a.m. before Circuit Judges Edwards, Sentelle and Tatel and establishing briefing schedule
(Attorney-Client/Work Product Appeal)

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July 15, 2003

ORDER setting page limits for briefs
(Attorney-Client/Work Product Appeal)

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June 09, 2003

ORDER referring motion to dismiss appeal to merits panel, parties must adress in brief issues presented in motion to dismiss rather than incorporate by reference, and denying motion to expedite
(Attorney-Client/Work Product Appeal)

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June 09, 2003

ORDER parties to submit, within 30 days, proposed formats for briefing of cases, joint proposal is strongly urged
(Attorney-Client/Work Product Appeal)

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May 28, 2003

ORDER denying motion to assign consolidated appeals to same panel hearing contempt and Kieffer appeal; movant has not demonstrated that interests of judicial efficiency warrant
(Attorney-Client/Work Product Appeal)

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May 22, 2003

Federal Appellants' Response to Motion to Assign Appeal to the Same Panel Hearing Other Cases in Cobell v. Norton
(Attorney-Client/Work Product Appeal)

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May 13, 2003

Federal Government's Response to Motion to Dismiss Consolidated Appeals
(Attorney-Client/Work Product Appeal)

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May 09, 2003

ORDER denying plaintiffs-appellees' motion to modify stay re: Special Master-Monitor Kieffer
(Contempt II)

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April 24, 2003

ORDER staying Orders of District Court, including Orders of April 16, 2001, April 15, 2002 and Spetember 17, 2002 insofar as they authorize Joseph Kieffer to act as Court Monitor, Special Master-Monitor or in any other capacity pending Order of this Court
(Contempt II)

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April 16, 2003

Appellants' Motion to Expedite Briefing and Oral Argument
(Attorney-Client/Work Product Appeal)

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April 11, 2003

Defendants-Appellants' Response to Plaintiffs-Appellees' Motion to Strike Joint Appendix Materials Included at the Request of Secretary Norton in Her Individual Capacity
(Contempt II Appeal)

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March 17, 2003

ORDER consolidating offical capacity work product doctrine and attorney client privilege appeal with deliberative process privilege appeal
(Attorney-Client/Work Product Appeal)

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March 17, 2003

ORDER establishing new submission deadlines for consolidated appeal
(Attorney-Client/Work Product Appeal)

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March 14, 2003

Brief for the Appellants
(Contempt II Appeal)

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March 10, 2003

Reply Brief for the Appellants
(Contempt II Appeal)

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March 03, 2003

ORDER stating deadlines for filing documents for both appellants and appellees
(Attorney-Client/Work Product Appeal)

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February 10, 2003

ORDER granting in part motion to exceed word limit
(Contempt II Appeal)

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January 28, 2003

ORDER scheduling oral argument before Chief Judge Ginsburg and Judges Henderson and Randolph on April 24, 2003 at 9:30 a.m.
(Contempt II Appeal)

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January 21, 2003

ORDER granting motion to expedite and establishing briefing schedule, granting motion for extension of time to file reply re: motion for leave to file opposition to motion to dismiss and Norton motion for leave to file individual brief
(Contempt II Appeal)

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January 21, 2003

ORDER granting defendants motion to voluntarily withdraw Neal A. McCaleb's motion for extension of time to file appellate brief in his individual capacity
(Contempt II Appeal)

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December 23, 2002

Opposition to Plaintiffs-Appellees' Motion to Strike
(Contempt II Appeal)

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December 23, 2002

Reply in Support of Defendants' Motion for Expedited Appeal and Argument
(Contempt II Appeal)

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December 06, 2002

Brief for the Appellants
(Contempt II Appeal)

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December 06, 2002

Motion for Expedited Appeal and Argument
(Contempt II Appeal)

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November 25, 2002

ORDER scheduling order and deferring briefing until further order of the Court
(Contempt II Appeal)

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