QPR-87-2805   16:28              LISC_ CLERK'S OFFICE                                 282 219 8538    P.81x82              -


                                                                               _./_.



                                                                                                   NT"/
         No. 05-5068                              September Term, 2004
                                                                              96cv01285
                                                                                Filed On:
               Elouise Pepion Cobet[, et al.,
                               Appellees                                              L,:,, ,.: o _ ro CuURT OF APPEALS
                                                                                        FOR DISTRICT OF COLUMBIA. CIRCUIT
                         v.                                                                      ,,,      FILED  ,..
                                                                                                I
               Gale A. Norton, Secretary of the Interior, et aL.,
                                                                                                t   l_   -_
                               Appellants
                                                                                                I
                                                               CLERK
                                                                                            _               i




                                                                     BEFORE:    SenteUe, Randolph, and Rogers, Circuit Judges

                                                              ORDER
                       Upon consideration of appellants' emergency motion for stay pending appeal
               and expedition, the response thereto and motion to remand, the reply to the response
               to the motion for stay pending appeal and expedition and opposition to the motion to
               remand, and the reply to the opposition to the motion to remand, it is
                       ORDERED that the motion to remand be denied.  It is
                       FURTHER ORDERED that the 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. Appellants have shown sufficient likelihood
               Of success on the merits and irreparable harm to warrant the issuance of a stay
               pending appeal. See Washington M_etronolitan Area Transi:t Commission v.. Holiday
               ]-_ours, Inc., 559 F.2d 841,843 (D.C. Cir. 1977); Virqinia Petroleum Jobbers Association
               v. FPC, 259 F.2d 921 (D.C. Cir. 1958) (per curiam).  It is
                       FURTHER ORDERED that the motion for expedition be granted. The following
               briefing schedule shall apply:


              AP_-0?-200._   I@:2B              USCA CLERK'S OFFICE                                 202 219 8532)    P.@2/_2



                                                           FOR THE DISTRICT OF COLUMBIA CIRCUIT


                   No. 05-5068                             September Term, 2004

                       Appellants' Opening Brief          May 18, 2005
                               Appellees' Brief                     June 17, 2005
                               Appellants' Reply Brief             July 1, 2005
                                Deferred Appendix                  July 1, 2005
                               Final Briefs                           July 8, 2005
               The Clerk is directed to schedule this case for oral argument on the first available date
               on the court's September calendar.
                                                            Per Curiam






















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