<< COB0000001 >>
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA.
ELOUISE PEPION COBELL et al,	)
		)
	Plaintiffs,	)
		)
	v.	)	Case No. 1:96CV01285
)	(Judge Laniberth)
GALE A. NORTON, Secretary of the Interior, ~
		)
	Defendants.	)
		)
INTERIOR DEFENDANTS' UNOPPOSED MOTION TO FILE UNDER SEAL
EXCERPTS FROM TESTIMONY BEFORE SPECIAL MASTER TO PROVIDE
ADDiTIONAL INFORMATION RELEVANT TO INTERIOR DEFENDANTS'
MOTION TO REVOKE THE APPOINTMENT OF JOSEPH S. KIEFFER, III,
AND TO CLARIFY THE ROLE AND AUTHORITY OF A COURT MONITOR
	Pursuant to Local Civil Rule 5.1(j), Interior Defendants respectfully move this Court for
an Order permitting the filing under seal of excerpts from testimony taken by the Special Master
during July 2002, pursuant to the Special Master's protective order dated May 9, 2002. A copy of
the protective order is appended to this motion as Attachment A. Counsel for the Government
discussed this motion with plaintiffs' counsel, Mr. Gingold, on August 1, 2002, and Mr. Gingold
stated that this motion would not be opposed by plaintiffs.
	The testimony excerpts referenced in this motion are from interviews conducted by the
Special Master. The interviews are subject to the Special Master's protective order dated May 9,
2002, which provides that "[t]he Special Master has.., determined that information may come
to light during these interviews that is sensitive and confidential and should not be publicly
disclosed." Attachment A (initial paragraph). The protective order further provides:
Transcripts of the... interviews shall be distributed, upon written
request, only to the deponent, counsel representing the deponent in
<< COB0000002 >>
his or her personal capacity, counsel representing the deponent in
his or her official capacity, one official of the Department of the
Interior who shall be designated in advance, plaintiffs' counsel and
immediate staff and one named plaintiff who shall be designated in
advance.
Attachment A, paragraph 1. Finally, the protective order provides that "[tihe content of the...
interviews, in form or in substance, shall not be discussed with or revealed to any persons or
entities not specifically designated in Paragraph 1 of this Order." Attachment A, paragraph 4.
	The Interior Defendants have appended to this motion excerpts from testimony taken by
the Special Master during July 2002, designated as Attachment B. In accordance with the May 9,
2002 protective order, Attachment B does not appear in the publicly filed version of this motion.
The Interior Defendants seek to file these excerpts to provide the Court with additional
information of relevance to matters advanced in the Interior Defendants' Motion to Revoke the
Appointment of Joseph S. Kieffer, m, and to Clarify the Role and Authority of a Court Monitor
(filed June 14, 2002).
	For the foregoing reasons, the Interior Defendants respectfully request that this Court
grant Interior Defendants' Unopposed Motion to File Under Seal Excerpts From Testimony
Before Special Master to Provide Additional Information Relevant to Interior Defendants'
Motion to Revoke the Appointment of Joseph S. Kieffer, III, and to Clarify the Role and
Authority of a Court Monitor.
Respectfully submitted,
ROBERT MeCALLUM, JR.
Assistant Attorney General
STUART E. SCHIFFER
Deputy Assistant Attorney General
-2-
<< COB0000003 >>
J. CHRISTOPHER KOHN
Director
Deputy Director
JOHN T. STEMIPLIEWICZ
Senior Trial Attorney
JOHN WARSHAWSKY (D.C. Bar No. 417170)
Trial Attorney
Commercial Litigation Branch
Civil Division
P.O. Box 875
Ben Franklin Station
Washington, D.C. 20044-0875
Telephone:	(202) 514-7194
August 1, 2002
-3-
<< COB0000004 >>
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
ELOUISE PEPION COBELL Ct al.	)
		)
	Plaintiffs,	)
		)
	v.	)	Case No. l:96CV01285
)	(Judge Lamberth)
GALE A. NORTON, Secretary of the Interior, ~ ~L)
		)
	Defendants.	)
)
ORDER PERMITTING FILING UNDER SEAL
	This matter coming before the Court on Interior Defendants' Unopposed Motion to File
Under Seal Excerpts From Testimony Before Special Master to Provide Additional Information
Relevant to Interior Defendants' Motion to Revoke the Appointment of Joseph S. Kieffer, III, and
to Clarify the Role and Authority of a Court Monitor, and any responses thereto, the Court finds
that the Motion should be GRANTED.
	IT IS THEREFORE ORDERED that the Special Master testimony excerpts referenced in
the Motion shall be filed under seal.
	SO ORDERED this	day of	, 2002.
	ROYCE C. LAMBERTH
United States District Judge
<< COB0000005 >>
CERTIFICATE OF SERVICE
	I declare under penalty of perjury that, on August 1, 2002 I served the foregoing Interior
Defendants' Unopposed Motion to File under Seal Excerpts from Testimony Before Special
Master to Provide Additional Information Relevant to Interior Defendants' Motion to Revoke the
Appointment of Joseph S. Kieffer. III, and to Clar(~' the Role and Authority of a Court Monitor,
by hand upon:
Keith Harper, Esq.	Dennis M Gingold, Esq.
Native American Rigbts Fund	Mark Kester Brown, Esq.
1712 N Street, N.W.	1275 Pennsylvania Avenue, N.W.
Washington, D.C. 20036-2976	Ninth Floor
	Washington, D.C. 20004
Alan L. Balaran, Esq.
Special Master
1717 Pennsylvania Avenue, N.W.
12th Floor
Washington, D.C. 20006
Joseph S. Kieffer, III
Court Monitor
420 - 7~ Street, N.W.
Apartment 705
Washington, D.C. 20004
By U.S. Mail upon:
Elliott Levitas, Esq.
1100 Peachtree Street, Suite 2800
Atlanta, GA 30309-4530
Kevin P. Kingston