United States Court of Appeals 
FOR THE DISTRICT OF COLUMBIA CIRCUIT - 
September Term, 2002 
96cvOl285 
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NO. 02-5374 
Elouise Pepion Cobell, et al., 
II - 1 , - 
V. 
nppellees 
Gale A. Norton, Secretary of the Interior, et al., 
Appellants 
BEFORE: GINSBURG, Chief Judge, and HENDERSON and RANDOLPH, Circuit 
Judges 
- O R D E R 
Upon concideratinn nf p!aintIfFc-appe!!ees’ mntinr! tn dismiss fer !ack of jurisdiction, 
the opposition thereto, and the reply; Norton’s motion in her individual capacity for leave 
to file an opposition to plaintiffs-appellees’ motion to dismiss; Norton’s motion in her 
individual capacity for leave to file a brief on the merits, the opposition thereto, which 
contains a request for damages and costs, and ine repiy; piaintifis-appeiiees’ motion to 
strike appellants’ opposition to the motion to dismiss, the opposition thereto, and the 
reply; McCaleb’s motion for leave to join brief of Norton in her individual capacity and to 
join motion of Norton in her individual capacity for leave to file brief; plaintiffs-appellees’ 
motion to strike McCaleb’s notice of adoption of Norton’s brief in her individual capacity 
and inclusion of brief before the district court and for damages, and the opposition 
thereto; Norton’s motion in her individual capacity for leave to file a reply brief, and the 
oppositior; the;&; I\?o;ton’s motion in he; indivibi;al capaci:j: f9r &jje to file a fifial brief, 
and the opposition thereto; Norton’s motion in her individual capacity for leave to file a 
final reply brief, and the opposition thereto, it is 
ORDERED that the motion to dismiss be denied in part and be granted in part for 
the reasons stated in the opinion issued today. There the court held it lacked jurisdiction 
to entertain the Government’s interlocutory claims that the district court overstepped the 
bounds of judicia! authority by assuming cnntm! of flrnctinns within the Department 9f the 
Interior; held it had jurisdiction to review the district court‘s entry of certain contempt 
citations, which we viewed as criminal in nature; and granted a writ of mandamus to 
compel the recusal of Joseph S. Kieffer, Ill as Court Monitor or as Special Master- 
Monitor. Piaintiiis-appeiiees’ motion to dismiss is tnereiore denied insofar as it concerns I l""l 8 """Ul 
NO. 02-5374 
FURTHER ORDERED that Norton's motions for leave to file in her individual 
capacity be construed as motions for leave to file as an amicus curiae and as such be 
granted. Insofar as Norton, in her individual capacity, sought to present arguments as an 
I, l U l Y l U U U l "UpUvIIJ "I 
hearing her appeal. United States v. Fewer, 236 F.3d 725, 727 (D.C. Cir. 2001). 
Insofar as Norton sought to present additional arguments as an amicus, or as 
supplemental briefing in her status as a party, her motion is granted. It is 
FURTHER ORDERED that plaintiffs-appellees' motions to strike be denied. 
BY: 
September Term, 2002 
v, UI IU ."" UI v L I IUI V 1 V I v ,U' l " U l " . l V l 1 U " J VUI I vu I, VI I I 
Mark J. Langer, Clerk 
Dorothy E. Barrack 
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