IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) Case No. 1:96CV01285 v. ) (Judge Larnberth) ) GALE NORTON, SECRETARY ) NOTICE OF SUBPOENA OF THE INTERIOR, et al., ) ) Defendants. ) ) TO: Dennis M. Gingold, Esq. Keith Harper, Esq. Mark Kester Brown, Esq. Nativc American Rights Fund 1275 Pennsylvania Avenue, NW 1712 N Street, NW Washington, DC 20004 Washington, DC 20036-2976 PLEASE TAKE NOTICE, pursuant to Federal Rule of'Civil Procedure 45, that thc Secretary of the Interior and the Assistant Secretary-Indian Affairs intend to serve a Subpoena, in the tbrm attached hereto, on the Intertribal Monitoring Association on November 19, 2002 or as soon thereafter as service may be effectuatcd. Dated: November 19, 2002 ROBERT D. McCALLUM, JR. Assistant Attorney General STUART E. SCH_FER Deputy Assistant Attorney General J. CHRISTOPHER KOHN Director SANDRA P. SPOONER Deputy Director D.C. Bar No. 261495 GINO D. VISSICCHIO Trial Attorney Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, DC 20044-0875 (202) 514-7194 2 AC 88 (Rev. 1/94) Subnoena in a Civil Case Issued by the UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ELOUISE PEPION COBELL, et al., Plaindr-fs, SUBPOENA IN A CML CASE V. GALE A. NORTON, SECRETARY OF CASE NUMaER: ' 1:96cv01285 (D.D.C.) (RCL) THE INTERIOR, et al., Defendants. TO: [ntertdbal Monitoring Associa(ion - Attn: Custodian af Records 2401 12th Street, NW, Suite 214s Albuquerque, New Mexico 87104 [] YOU ARE COMMANDED to appearin the United States District Court at the place, date, and time specified below to testify in the above case. PLACE OF TESTIMONY I COURTROOM I 'l DATE A,'_lO TIME / [] YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition tn the above case. -Pt.AC_ oF OEPOSanON joA_ _.o u_E I ['_ YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects): All videos, recordings, transcripts, prepared statements, and other documents and/or tangible things that contain, reflect or relate to any speeches, comments or remarks by JoSeph S. Kieffer, III at any meeting, conference or other event from April 2001 through the present. PLACE IoA_ _o n_E i United States Attorney's Office, 201 Third Street, NW, Suite 900, Albuquerque, NM 87102 ,I Dec. 4, 2002, 10:00 am CZ] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.' 'PREMISES DATE AND TIME Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(8),. /._SUING OFFICER S!GNATURE AND TITLE tlNO!C_..ATE IF ATTORNEY ;=OR _JNT;FF OR DEFENDANT} I DATE Attorneys for Defendants Secretary of the Interior _ November 19, 2002 and Assistant Secretary-indian Affairs I '[_UIN_ OFFICER'S NAME, AOO_E_,,_ AND PHONE NUMBER (Sm Rule 45, Fe<_erai Rules Df C/vil _rg-...durl, Parts C & D on Rev_rsll) If action is pending in district other than district of issuance, state district under case number. AO 88 (Rev. 1/94.) Sub13cena in a Civil Case PROOF OF SERVICE OATE FLACE SERVED SERVED ON (PRINT NAME) MANNER CF SERVICE _ERVEO BY (PRINT NAME) TITLE DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct. Executed on DATE SIGNATURE OF SERVER AOORES$ OF SERVER 'Rule 45, Federal Rules of Civil Procedure, Parts C & D: lc) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the (1) A party or an attorney responsible for the issuance and seNice cf a . state in which the trial is held, or subpoena shall take reasonable steps to avoid imposing undue burden or (iii) requiresdlsclosureofprivilegedorotherprotectedmatter expense on a person subject to that subpoena. The court on behalf of wh_h the subpoena was issued sh_U enforce mis duty and impose upon the party or and no exception or waiver applies, or attorney in breach of this duty an appropriate sanction whirJ3 may incJude, but is ,(iv) subjects a person to undue burden. not limited to, lost earnings and reasonable attorney's fee, lB) If a subpoena (2) lA) A person commanded to produce and permit inspection and ii) requires disclosure of a trade secret or other confidential copying of designated books, papers, documents or tangible things, or research, development, or commercial information, or inspection of premises need not appear in person at the place of production cr (ii) requires disclosure of an u_etained expert's opinion or inspection unlesS commanded to appear for deposition, hearing or trial, information not describing speciEc events or occurrences in dispute and (Bi Subject to paragraph (d)(2) of this rule, a person commanded resulting from the expert's study made not at the request of any party, or to produce and permit inspection and copying may, within 14 days after service (iii) requires a person who is not a part-/or an officer cf a of subpoena or before the time specified for compliance if such time is less than party to incur substantial expense to travel more than 100 miles to attend thai, the court may. to prctect a person subject to or affected by the subpoena, quasl_ 14 days after service, serve upon th e party or attorney designated in the or modify the subpoena, or, if the party in whose behalf the'subpoena is issued subpoena written objection to inspection or copying of any or all of the shows a substantial need for the testimony er material that cannot be otherwise designated materials or of the premises, if objection is made, the party serving met without undue hardship and assures that the person to whom the subpoena the subpoena shall not be entitled to inspecl and copy materials or inspect the is addressed will be reasonably compensated, the court may order appearance premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon cr production only upon specified conditions. notice to the person commanded to produce, move at any time for an order to (d) DUTIES JN RESPONDING TO SUBPOENA. compel the production Such an order to compel production shail protect any (1) A person responding to a subpoena to produce documents shall person who is not a party or an officer of a party from significant expense produce them as they are kept in the usual course of bus[ness or shall organize resulling from the inspection and copying commanded, and label them [o correspond with the categories in the demand. (3) lA) On timely motion, the court by which a subpoena was issued (2) When inforrnalion subject to a subpoena is w_thheld on a claim that shall quash or modify the subpoena if it it is privileged or subject to protection as trial preparation materials, the claim ti) fails to arlow reasonable time for compliance, shall be mace expressly and shall be suppoAed by a description of the nature of (ii) requires a person who is not a party or an officer ora par'b/ the documents, communications, or things nat produced that is sufficient lo to travel to a place more than 100 miles from the place where that person enable the demanding party to contest the claim, resides, is employed or regularly transacts business in person, except that, CERTIFICATE OF SERVICE I dcclare under penalty of perjury that, on November 19, 2002 I served the foregoing Notice of SubŁoena by facsimile in accordance with their written request of October 31,2001 upon: Keith Harper, Esq. Dennis M Gingold, Esq. Native American Rights Fund Mark Kester Brown, Esq. 1712 N Street, N.W. 1275 Pennsylvania Avenue, N.W. Washington, D.C. 20036-2976 Ninth Floor (202) 822-0068 Washington, D.C. 20004 (202) 318-2372 By U.S. Mail upon: Elliott Levitas, Esq. 1100 Peachtree Street, Suite 2800 Atlanta, GA 30309-4530 By facsimile and U.S. Mail upon: Alan L. Balaran, Esq. Special Master 1717 Pennsylvania Avenue, N.W. 12th Floor Washington, D.C. 20006 (202) 986-8477 By Hand upon: Joseph S. Kieffer, III Special Master Monitor 420 7 th Street, N.W. Apartment 705 Washington, D.C. 20004 (202) 478-1958 Kevin P. K_ston /j/