I” THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA r * i , ELOUISE PEPION COBELL, al., Plaintiffs, V. Case No. 1 :96CV01285 (Judge Lamberth) ) ) ) 1 1 1 GALE A. NORTON, Secretary of the Interior, al., Defendants. 1 ) ) > 1 RENEWED MOTION FOR EXPEDITED RESOLUTION OF MOTION TO RECUSE THE SPECIAL MASTER WITH REQUEST FOR A RULING BY OCTOBER 15,2003 motion. TO PERMIT TIMELY APPELLATE REVIEW IF NECESSARY Defendants respectfully renew their motion to have their motion to disqualify Special Master Balaran considered on an expedited basis. The motion for disqualification was filed on May 29,2003. In renewing our motion, we ask that the court act on our motion no later than October 15, 2003 to allow the government to seek timely review in the Court of Appeals if necessary. We have conferred with plaintiffs‘ counsel, who stated that plaintiffs oppose this 1. Our disqualification motion urges that Special Master Balaran has demonstrated both bias and the appearance of bias and that he may not continue as a judicial officer in this case. As the Court of Appeals has observed, the harm incurrcd by perniitting the continued activity of a Special Master who should properly be recused is “irreparable.” Cobell v. Norton, 334 F.3d 1128, 1139 (D.C. Cir. 2003). As this Court is aware, since the filing of our motion, the Special Master has continued to be an active participant in this litigation. The Special Master’s