." ~ FORTHE DISTRICTOF COLUMBlnCiRCUlT~ 
BEFOIRE: Edwards, Sentelle, and Tatel, Circuit Judges 
CLERK 
NO. 03-5063 
Elouise Pepion Cobe 
Gale A. Norton, as the Secretary of the Interior, et al., 
Appellants 
Joseph S. Kieffer, 111, Monitor and Alan Lee Balaran, 
Appellees 
Consolidated with 03-5084.03-5097 
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it is 
O R D E R 
. . ' Upon consideration of the federal appellants' motion for voluntary, dismissal. of 
Nos..03-5063 and 03-5097, the response thereto, the reply, the federal appellants' 
conditional motion for extension of time in which to file their opening brief, the opposition 
thereto, appellant Norton's motion for enlargement of the word limits for her opening and 
reply briefs, styled as a motion "to vacate procedural order," and the opposition thereto, . 
ORDERED that the federal appellants' motion for voluntary dismissal .of Nos. 03- . . 
5063 and 03-5097 be granted. In moving for voluntary dismissal of these appeals, the 
federal appellants have waived any right to pursue their currently pending challenges to 
the district court's application of the fiduciary exGeption to the attorrtey-client privilege 
and the work product doctrine. Accordingly, we dismiss these appeals with prejudice as 
to the pending.claims. Pursuant to D.C. Circuit Rule 39, ~. appe&ees, the plaintiffs below, 
may submit a bill of costs for any costs they 
FURTHER ORDERED that the federal 
extension of time in which to file their opening 
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emb'er Term, 2003 
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SEP 9 2003 I 1 
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FOR THE DISTRICT OF COLUMBIA CIRCUIT 
$lkifieb.$hiea M m i of &qwk 
NO. 03-5063 
further order of the cawt. 
Per Curiam 
September Term, 2003 
FURTHER ORDERED, on the court's own motion, that the briefing and argument 
schedule established in the court's order filed July 15,2003 be vacated, and that 
appellant Norton show cause within 30 days of the date of this order why No. 03-5084 
should not be dismissed in light of the fact that the Department of the Interior's interests 
are fully represented by the federal appellants. The response to the order to show cause 
shall not exceed 10 pages. Failure to comply with this order will result in dismissal of No. 
03-5084 for lack of prosecution. See D.C. Cir. Rule 38. Appellees may fife a reply not 
exceeding 10 pages within 14 days after the filing of the response. 11. is 
FURTHER ORDERED that consideration of appellant Norton':; motion for 
enlargement of the word limits for her opening and reply briefs be defeerred pending 
The Clerk is directed to send a copy of this order to appellant Norton both by 
certified mail, return receipt requested, and by first class mail. 
Pursuant to D.C. Circuit Rule 36, this disposition of Nos. 03-5063 and 03-5097 will 
not be published. The Clerk is directed to withhold issuance of the mandate in Nos. 03- 
5063 and 03-5097 pending disposition of any timely petition for rehearing or petition for 
rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41. 
FOR THE COUIRT: 
Mark J. Langer, Clerk 
Scott H. Atchue 
Deputy ClerkLD 
BY: /e-&-----