IN THE UNITED STATES COURT OF APPEALS 
FOR THE DISTRICT OF COLUMBIA CIRCUIT 
ELOUISE PEPION COBELL, et al., 
Appellees, 
) 
1 
V. 
) 
1 
) 
) 
1 GALE A. NORTON, as Secretary of 
the Interior, et al, 
Appellants ) 
1 
1 
1 
Pursuant to Rule 27, Fed. R. App. P., appellants hereby 
request that the above-captioned appeal be held in abeyance. 
1. This case arises out of claims for an accounting of 
funds held in trust for the benefit of individual Indians. The 
case has previously been before this Court in Cobell v. Norton, 
334 F.3d 1128 (D.C. Cir. 2003), and Cobell v. Norton, 240 F.3d 
1081 (D.C. Cir. 2001). 
In the ruling at issue on this appeal, the district court 
entered a preliminary injunction requiring the Department of 
Interior to disconnect from the Internet all Information 
Technology Systems that house or access Individual Indian Trust 
Data. The ruling did not require immediate disconnection, 
however, and it provided that the court would not require 
disconnection if the government certifies to the court's 
satisfaction that a system is essential for the protection 
against fires or threats to life or property, or that a system 
NO. 03-5262 either (a) does not house or access Individual Indian Trust Data, 
or (b) is secure from Internet access by unauthorized users. 
The court entered this preliminary injunction on July 28, 
2003. The court has not yet evaluated the certifications 
submitted by the government pursuant to the preliminary 
injunction or ordered the Department of Interior to disconnect 
systems from the Internet. 
2. On September 25, 2003, after a 44-day trial, the 
district court issued a "structural injunction" that precludes 
implementation of the historical accounting plan developed by the 
Department of Interior and asserts judicial control over 
virtually all aspects of the management of Individual Indian 
Money accounts. The 18-page structural injunction was 
accompanied by a 272-page opinion addressing historical 
accounting and a 79-page opinion addressing trust reform 
generally. See Cobell v. Norton, No. 96-1285, 2003 WL 22211405 
(D.D.C. S e p t ; 2 5 ; 2 0 0 3 ) = 
The structural injunction is appealable as of right under 28 
V.S.C. 1292(a) (1). The decisicx whether ts appeal rests with the 
Solicitor General of the United States. A notice of appeal would 
be due luove&er 24 , o o 3 . 
3. The preliminary injunction and the structural injunction 
are closely related, and in the government's view, the 
injunctions exceed the district court's jurisdiction for many of 
-2- the same reasons. The government thus requests that the above- 
captioned appeal be held in abeyance whiie the Soiicitor Generai 
determines whether to appeal from the structural injunction. If 
an appeal is taken from that ruling, it may be appropriate to 
consolidate the two appeals for briefing and argument. 
Respectfully submitted, 
GREGORY G. KATSAS 
Deputy Assistant Attorney 
u G A A c L a I 
r * n m n Y - ? l 
ROBERT E. KOPP 
MARK B. STERN 
1'HUlVMS bi. Baii'Dk' ----.-- 
CHARLES SCARBOROUGH 
ALISA B. KLEIN 
( 2 0 2 ) 514-5089 
Attorneys, ADpellate Staff 
Civil Division, Room 9108 
Department of Justice 
601 D Street, N.W. 
Washinston, D.C. 20530 
OCTOBER 2 0 0 3 
- 3 - n-....-.t 4 t , - t 
(202) 785-4166 
Dennis Marc Gingold 
CERTIFICATE OF SERVICE 
I hereby certify that on this 29th day of October, 2003, I 
caused copies of the foregoing motion to be sent to the Court and 
to the following by hand delivery: 
The Honorable Royce C. Lamberth 
United States District Court 
United States Courthouse 
ml, i i i i ~ u ' -A aiiu - - A 
~ u i i ~ ~ ~ c I u L - i u i i 
4 hn n v c . , N.W. 
Washington, D.C. 20001 
Keith M. Harper 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D.C. 20036-2976 
and to the following by federal express, overnight mail: 
Elliott H. Levitas 
Law Office of Elliott H. Levitas 
1100 Peachtree Street 
Suite 2800 
Atlanta, GA 30309-4530 
(404) 815-6450 
and to the following by regular, first class mail: 
Law Office of Dennis i"7arc Ginyoid 
607 14th Street, N.W., Box 6 
Washington, D.C. 20005 Earl Old Person (pro se) 
Blackfeet Tribe 
P . O . Box 850 
Browning, MT 59417 
Alisa B. Klein