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. 
)
) 
__________________________________________) 
DEFENDANTS' MOTION AND SUPPORTING MEMORANDUM 
FOR ORDER PERMITTING THE DISCLOSURE OF LAND SALE APPLICATIONS 
TO CLASS COUNSEL AND AMENDING THE COURT'S NOVEMBER 27, 1996 
PROTECTIVE ORDER TO INCORPORATE THE SAME 
In support of Defendants' Opposition to Plaintiffs' Motion for Temporary Restraining 
Order and for Preliminary Injunction, Defendants wish to provide relevant Land Sale 
Applications for the Court's consideration. Because the Land Sale Applications contain 
information that is subject to protection from disclosure pursuant to the Privacy Act, 5 U.S.C. § 
552a, and because the individual applicants have not provided written consent for such 
information to be provided to plaintiffs' counsel, see 5 U.S.C. §552a(b), Defendants respectfully 
move the Court for an order permitting Defendants to also provide copies of these to plaintiffs' 
counsel pursuant to 5 U.S.C. § 552a(b)(11).1 
In denying Defendants' previous motion to file the Land Sale Applications with the Court 
for ex parte, in camera review, the Court stated that Defendants should instead seek to negotiate 
1 § 552a(b)(11) allows an agency to disclose Privacy Act material without prior written 
consent "pursuant to the order of a court of competent jurisdiction." Defendants are not aware of 
any previous orders of production in this case that would permit Defendants to produce the 
relevant Land Sale Applications.
an appropriate Privacy Act Protective order with Plaintiffs if an applicable one did not already 
exist. See Order dated August 31, 2004 (Denying Defendants' Motion For Leave to Submit 
Confidential and Privacy Act Materials Ex Parte for In Camera Review in Connection with 
Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction) (Dkt. # 2654). 
Accordingly, Defendants also move for an order amending the Court's November 27, 1996 
Protective Order so that it is expanded to govern the handling and dissemination of any Land 
Sale Applications that the Court orders Defendants to produce. 
Counsel for Defendants consulted Plaintiffs' counsel regarding this motion; Plaintiffs 
counsel stated that they will oppose this motion. 
Conclusion 
For the foregoing reasons, Defendants' motion should be granted. 
Dated: August 31, 2004 
Respectfully submitted, 
ROBERT D. McCALLUM 
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 Attorney 
-2-
Commercial Litigation Branch 
Civil Division 
P.O. Box 875, Ben Franklin Station 
Washington, D.C. 20044-0875 
Telephone: (202) 514-7194 
-3-
CERTIFICATE OF SERVICE 
I hereby certify that, on August 31, 2004 the foregoing Defendants' Motion and 
Supporting Memorandum For Order Permitting the Disclosure of Land Sale Applications To 
Class Counsel and Amending the Court's November 27, 1996 Protective Order to Incorporate 
the Same 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 A. NORTON, Secretary of the Interior, et al., ) 
Defendants. 
) 
) 
__________________________________________ ) 
ORDER 
This matter comes before the Court on Defendants' Motion for Order Permitting The 
Disclosure of Land Sale Applications to Class Counsel and Amending the Court's November 27, 
1996 Protective Order to Incorporate the Same. After considering the motion, any response 
thereto, and the record of the case, the Court finds that the Defendants' motion GRANTED; and 
it is 
ORDERED, that Defendants shall provide copies of the Land Sale Applications to class 
counsel; and 
IT IS FURTHER ORDERED that the Court's November 27, 1996 Protective Order is 
hereby amended so as to govern the disclosure of Land Sale Applications pursuant to this Order. 
SO ORDERED this ___ day of ______________, 2004. 
__________________________________ 
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 Brown, Esq. 
607 - 14th Street, NW, Box 6 
Washington, D.C. 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