IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) ELOUISE PEPION COBELL, et al., ) Plaintiffs, v. GALE A. NORTON, Secretary of the Interior, et al., ) ) ) ) ) ) ) No. 1:96CV01285 (Judge Lamberth) Defendants. ) ) DEFENDANTS’ OPPOSITION TO PLAINTIFFS' MOTION FOR EXPEDITED CONSIDERATION OF PLAINTIFFS' MOTION TO COMPEL DEPOSITION TESTIMONY OF ANSON BAKER AND REQUEST FOR SANCTIONS On March 15, 2004, in response to a motion for a protective order from Defendants and a motion to compel from Plaintiffs, the Court ordered that Anson Baker, an Interior employee, submit to a deposition. Order of March 15, 2004. The Court, however, placed limits on the scope of the deposition. See id. Mr. Baker's deposition began on March 31, 2004. A dispute arose concerning the limits on the scope of the deposition imposed by the Court, and counsel for Defendants instructed Mr. Baker not to answer certain questions. On April 26, 2004, this dispute prompted Plaintiffs to file a motion to compel answers from Mr. Baker. Although Plaintiffs waited nearly a month following the deposition to file their motion to compel, they also filed a motion to expedite consideration of that motion ("Motion to Expedite"). The Motion to Expedite should be denied. The only reason supplied by Plaintiffs to support expedited consideration of their motion to compel is the vague assertion that: "Time is of the essence." Motion to Expedite at 2.5.1 1/ The page of the Motion to Expedite on which this quoted language appears is actually unnumbered. It follows page two, but precedes page three. Therefore, to avoid confusion, we Plaintiffs do not elaborate. Plaintiffs provide no connection between this assertion and the relief sought in their motion to compel. None exists and their motion should, therefore, be denied. CONCLUSION For these reasons, Plaintiffs' Motion to Expedite should be denied. Respectfully submitted, Dated: May 10, 2004 ROBERT D. McCALLUM, JR. Associate Attorney General PETER D. KEISLER Assistant Attorney General STUART E. SCHIFFER Deputy Assistant Attorney General J. CHRISTOPHER KOHN Director /s/ John T. Stemplewicz SANDRA P. SPOONER D.C. Bar No. 261495 Deputy Director JOHN T. STEMPLEWICZ Senior Trial Counsel Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875 (202) 514-7194 have designated the unnumbered page as page "2.5" for purposes of citation. 2 CERTIFICATE OF SERVICE I hereby certify that, on May 10, 2004 the foregoing Defendants’ Opposition to Plaintiffs' Motion for Expedited Consideration of Plaintiffs' Motion to Compel Deposition Testimony of Anson Baker and Request for Sanctions was served by Electronic Case Filing, and on the following who is not registered for Electronic Case Filing, by facsimile: Earl Old Person (Pro se) Blackfeet Tribe P.O. Box 850 Browning, MT 59417 Fax (406) 338-7530 /s/ Kevin P. Kingston Kevin P. Kingston IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) Plaintiffs, v. Case No. 1:96CV01285 (Judge Lamberth) ) ) ) ) ) GALE NORTON, Secretary of the Interior, et al., ) Defendants. ) ) __________________________________________) ORDER This matter comes before the Court on Plaintiffs’ Motion For Expedited Consideration of Plaintiffs' Motion to Compel Deposition Testimony of Anson Baker And Request For Sanctions [Dkt. # 2563]. Upon consideration of the Motion, the responses thereto, and the record in this case, it is hereby ORDERED that the Motion For Expedited Consideration is DENIED. SO ORDERED. Date: _________ ROYCE C. LAMBERTH United States District Judge cc: Sandra P. Spooner John T. Stemplewicz Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875 Fax (202) 514-9163 Dennis M Gingold, Esq. Mark Kester Brown, Esq. 607 - 14th Street, NW, Box 6 Washington, DC 20005 Fax (202) 318-2372 Keith Harper, Esq. Richard A. Guest, Esq. Native American Rights Fund 1712 N Street, NW Washington, D.C. 20036-2976 Fax (202) 822-0068 Elliott Levitas, Esq. 1100 Peachtree Street, Suite 2800 Atlanta, GA 30309-4530 Earl Old Person (Pro se) Blackfeet Tribe P.O. Box 850 Browning, MT 59417 (406) 338-7530 Rod Lewis, Esq. Davis, Wright & Tremaine, LLP 1300 SW Fifth Avenue, Suite 2300 Portland, Oregon 97201-5630 (503) 778-5299