United States Court o f Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT September Term, 2003 96~~01285 NO. 03-5314 Elouise Pepion Cobell, et al., Appellees V. Gale A. Norton, Secretary of the Interior, et al., Appellants Filed On: April 21, 2004 p3175481 BEFORE: Henderson, Randolph, and Tatel, Circuit Judges O R D E R Upon consideration of the motion for reconsideration of the court’s stay order filed January 28,2004, it is ORDERED that the motion be denied. As evidenced by our citations to Washinuton Metropolitan Area Transit Commission v. Holidav Tours. Inc., 559 F.2d 841, 843 (D.C. Cir. 1977), and D.C. Circuit Handbook of Practice and Internal Procedures 33 (2002) in the stay order, we determined that a stay should be granted under the traditional four-factor analysis and that the potential harm to the appellees is outweighed by the other factors in the analysis. This determination is not inconsistent with prior judicial statements concerning delay-related harm to the appellees, as the harm to the appellees is only one of the factors to be considered in the stay analysis, and the other factors - including the effects of the November 2003 Appropriations Act on the appellants - outweigh it in this case. Nor is the stay overbroad, as the appellants established their entitlement to a stay of the institutional reform provisions, and the stay does not prohibit the appellants from conducting the historical accounting activities that have been funded by Congress. FOR THE COURT: Mark J. Langer, Clerk Per Curiam BY: United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT September Term, 2003 NO. 03-5314 Deputy ClerklLD