E LXITED STATES COURT OF APPEALS 
HE DlSTRICT OF COLUMBLA CIRCUIT 
In re Gale Norton, 
Secretary of the hterior 
in her official capacity, NO. 03-5288 
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Petitioner. 1 
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resolution. 
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. 
The govemnent has asked that its mandamus petition seeking to disqualify the Special 
Master be heard by the same panel considering other mandamus petitions seeking 
disqualification of the Special Master. As we explained, the government moved to disqualify the 
Special Master on May 29, 2003, and we are eager for a resolution at the earliest possible time. 
Assignment to the same panel considering related petitions would further the goal of an early 
Plaintiffs’ suggestion that the cases are unrelated is difficult to fathom. Cases are 
“related” if they involve “substantially the same parties and the same or similar issues.” Local 
Rule 28(a)( l)(C). The mandamus petitions arise out of the same litigation. They seek 
disqualification of the same Special Master. They both involve a pattern of ex parte contacts, 
although, in the case of the government’s petition, the Special Master not only engaged in ex 
parte contacts but hired a complaining witness to assist in the preparation of his report. 
Moreover. if the Court agrees that the Special Master should be disqualified from further participation in this litigation, as the government has argued, that outcome would clearly bear 
upon the relief requested by the individual petitioners. 
The questioii is not, as plaintiffs believe, whether other members of the Coui-t would be 
able to absorb the facts and law pertinent to the government’s mandaiiius petition. Plainly they 
would. But plaintiffs offer no reason whatsoever that would suggest that assignnient to the panel 
already considering related petitions is inapproprizte. 
Respectfully submitted, 
PETER D. KEISLER 
Assistant Attorney General 
GREGORY G. KATSAS 
Deputy Assistant Attorney General 
ROBERT E. KOPP 
MARKB. STERN 
THOMAS M. BONDY f&wFc by CHARLES W. SCARBOROUGH 
ALISA B. KLEIN 
(202) 5 14-5089 A--- 
Attorneys, Appellate Staff 
Civil Division, Room 9108 
Department of Justice 
601 D Street, N.W. 
Washington, D.C. 20530 
MARCH 2004 By hand delivery: 
By first class mail: 
CERTIFICATE OF SERVICE 
I hereby certify that on this 15th day of March, 2004, I am causing the foregoing motion 
for assi,ment to be served on the following in the manner specified: 
The Honorable Royce C. Laniberth 
United States District Court 
United States Courthouse 
Third and Constitution Ave., N.W. 
Washington, D.C. 20001 
Douglas B. Huron 
Heller, Huron, Cliertkof, Lenier, Simon & Salsman 
1730 M Street, NW 
Suite 412 
Washington, D.C. 20036 
202-293-8090 
(Attorney for Special Master Balaran) 
Elliott H. Levitas 
Kilpatrick Stockton LLP 
607 14th Street, NW 
Suite 900 
Washington, D.C. 20005-2018 
202-508-5800 
Keith M. Harper 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D.C. 20036-2976 
(202) 785-4166 
Dennis Marc Gingold 
Law Office of Dennis Marc Gingold 
607 14th Street, N.W., Box 6 
Washington, D.C. 20005 Earl Old Person (pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 594 17 
Alisa B. Klein