i i r 
; 1 L-- _--.. ” - 
~ ‘, -A THb UNITED STATES COURT OF A P P E a s 
:y 
I %-c’ ti- 
t-” 2 . ~ >:lrD FOR THE DISTRICT OF COLUMBIA CIRCUIT E $ 
-_I ----v%‘-..c_^- 
NO. 03-5262 V. 
1 
1 
1 
1 
1 
1 
1 
---- 
ELOUISE PEPION COBELL, et al., 
Plaintiffs- Appellees, 
GALE A. NORTON, 
Secretary of the Lnterior, et al., 
Defendants- Appellants. 
1 
1 
1 
1 
NOTICE OF SCHEDULING MOTION FILED 
IN RELATED CASE NO. 03-5314 
Defendants-appellants, Gale Norton, Secretary of the Interior, et al., wish to draw to the 
Court’s attention the emergency motion for expedited briefing filed in the related appeal, Cobell v. 
Norton, No. 03-53 14. We make this filing because we believe it would be appropriate for both 
appeals to be considered on the same schedule if possible. 
In this appeal, No. 03-5262, the government seeks review of the district court’s preliminary 
injunction that asserts broad judicial control over Interior’s connection to the internet. In No. 03-53 14, 
the government seeks review of a far-reaching “structural injunction” encompassing a broad variety of 
matters related to the management of Individual Indian Money accounts. The govemient’s challenge 
to both injunctions involves the same legal and factual background, and the injunctions are defective for 
many of the same reasons. Indeed, the internet injunction could easily have been included as one of the 
many disparate requirements contained in the structural injunction. 
Although this Court denied the government’s motion to consolidate the two appeals, we 
respectfully suggest that the two cases should be heard on the same schedule if possible. Accordingly, 
in our response to plaintiffs’ motion for expedition in No. 03-53 14, we have urged that if expedition is 
granted in that appeal, the Court should expedite the briefing of this appeal as well. Conversely, if the Court determines not to expedite the sti-uctural injunction appeal, it should also defer scheduling of this 
appeal. ’ 
FEBRUARY 2004 
We note that the government 11% filed severa1 submissions with the district court pursuant to the 
preliminary injunction order which are now pending before the court. If the district court takes further 
adverse action after consideration of these submissions, expedirion of this appeal may become necessary 
regardless of the scheduling of the structural injunction appeal. 
J4--/- 
601 D Street, N. W. 
Washington, D.C. 20530 
Respectfully submitted, 
PETER D. KEISLER 
Assistant Attorney General 
ROSCOE C. HOWARD, JR. 
United States Attorney n 
ROBERT E. KOPP 
MAEXB. STERN 
THOMAS M. BONDY 
CHARLES W. SCARBOROUGH 
ALISA B. KLEIN 
(202) 5 14-5089 
Attorneys, AppelIate Staff 
Civil Division, Room 9 108 
Department of Justice 
-L- mail and by fax: 
Elliott H. Levitas 
Kilpatrick Stockton LLP 
607 14th Street, NW 
Suite 900 
Washington, D.C. 20005-201 8 
Phone: 202- 8 15-6450 
Fax: 202-585-0008 
Keith M. Harper 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D. C. 2003 6-2976 
(202) 785-4166 
Earl Old Person (pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, hlT 5941 7 
CERTIFICATE OF SERVICE 
I hereby certify that on this 13th day of February, 2004, I am causing copies of the foregoing 
notice to be sent to the Court by hand delivery and to be served on the following counsel by first class 
I am also causing copies to be served on the following by first class mail: 
Dennis Marc Gingold 
Law Office of Dennis Marc Gingold 
607 14th Street, N.W., Box 6 
Washington, D.C. 20005 
MARK B. STEm