IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) Case No. 1:96CV01285 v. ) (Judge Lamberth) ) GALE NORTON, SECRETARY ) NOTICE OF DEPOSITION OF THE INTERIOR, et al., ) ) Defendants. ) ) TO: Dennis M. Gingold, Esq. Keith Harper, Esq. Mark Kester Brown, Esq. Native American Rights Fund 1275 Pennsylvania Avenue, NW 1712 N Street, NW Washington, DC 20004 Washington, DC 20036-2976 PLEASE TAKE NOTICE that, pursuant to Federal Rules of Civil Procedure 30 and 45, the Secretary of the Interior and the Assistant Secretary-Indian Affairs will take the deposition upon oral examination of Ms. Mary Zuni of the Intertribal Monitoring Association, 2401 12th Street, NW, Suite 214s, Albuquerque, New Mexico 87104, on December 6, 2002 at 10:00 am at the office of the United States Attorney, 201 Third Street, NW, Suite 900, Albuquerque, New Mexico 87102. The deposition shall continue from day to day until completed, and will be recorded stenographically. Dated: November 26, 2002 ROBERT D. McCALLUM, JR. Assistant Attorney General STUART E. SCHIFFER Deputy Assistant Attorney General J. CHRISTOPHER KOHN Director SANDRA P. SPOONER Deputy Director D.C. Bar No. 26149 JOHN T. STEMPLEWICZ Senior Trial Counsel GiNO D. VISSICCHIO Trial Attorney Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, DC 20044-0875 (202) 514-7194 AD 88 {Rev. 1/94) Subpoena in a Civil Case Issued by the UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ELOUISE PEPION COBELL et aL., Ptaintiffs, SUBPOENA IN A CIVIL CASE V. CASE NUMBER: 1 1:96CV01285 (D.D.C.) (RCL) GALE A. NORTON, SECRETARY OF THE INTERIOR et aL, Defendants. TO: Ms. Mary Zuni Intertdba[ Monitoring Association 2401 12th Street, NW, Suite 214s Albuquerque, New Mexico 87104 [_] YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to testify in the above case. PLACE OF T'_STIMONY COURTROOM DATE ANO TIME [-_ YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case. PLACE OF DEPOSITION DATE AND TIME United States Attomey's Office, 201 Third Street, NW, Suite 900, Albuquerque, NM 87102 Dec. 6, 2002, 10:00 am ....... r--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): PLACE J DATE AND TIME I r-'] YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. PREMISES J DATE AND T1ME I 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)(6). ISSUING OFFICER SIGNA_JRE AUO TITLE (INQICATE [F AI-rORNEY FOR PC_/_NTIFF OR DEFENOANT_ I OATE _ ; 7_41 8allergy AttorneYs for Defendants Secretary of the Interior Ii Nov. 25, 2002 and Assistant Secretary-Indian Affairs I ISSUING OFFICER'S NAME, Ar)DRESS AND PHONE NUMBER Gino Vissicchio, US Department of Justice, P.O. Box 875, Ben Frank[in Station, WashinBton, DC 20044 (202) 307-3242 Jan Elizabeth Mitchell, Assistant U.S. Attorney, 201 Third Street, NW, Suite 900, ALbuquerque, NM 87102 (505) 346-77.74 '-- (See Rule 45, Federal Rules of Civil Procedure', Parts C & D on Reverse) If action is pending in distdct other than district of issuance, state district under case number. AD 88 (Rev. 1/94} Subpoena in a Civil'Case PROOF OF SERVICE OATE PLACE SERVED SERVED ON (PRINT NAME) MANNER OF SERVICE SERVED 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 ADDRESS OF SERVER Rule 45, Federal Rules of Civil Procedure, Parts C & D: (C) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may (1) A party or an attorney responsible for the issuance and service of a in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or subpoena shall take reasonable steps to avoid imposing undue burden or (iii) requires disclosureofpdvilegedorotherprotectedmatter expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the part,/or and no exception or waiver applies, or attorney in breach of this duty an appropriate sanction which may include, but is (iv) subjects a person to undue burden. not limited to, lost earnings and reasor_able attorney's fee. (B) If a subpoena (2) (A) A person commanded to produce and permit inspection and (i) requires disclosureofa tradesecretorotherconfidential 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 or (ii) requires disclosure of an unretained expert's opinion or inspection unless commanded to appear for deposition, hearing or trial, information not describing specific events or occurrences in dispute and (B) 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 party or an officer of 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 trial, 14 days after service, serve upon the party or attorney designated in the the court may, to protect a person subject to or affected by the subpoena, quash subpoena written objection to inspection or copying of any or all of the or modify the subpoena, or, if the party in whose behaff the subpoena is issued shows a substantial need for the testimony or 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 inspect 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 or production only upon specified conditions. notice to the person commanded to produce, move at any time for an order to (d) DUTIES IN RESPONDING TO SUBPOENA. compel the production. Such an order to compel production shall 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 business or shall organize resulting from the inspection and copying commanded, and label them to correspond with the categodes in the demand. (3) (A) On timely motion, the court by which a subpoena was issued (2) When information subject to a subpoena is withheld 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 (i) fails to allow reasonable time for compliance, shall be made expressly and shall be supported by a descdpUon of the nature of (ii) requires a person who is not a party or an officer of a party the documents, communications, or things not produced that is sufficient to 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 declare under penalty of perjury that, on November 27, 2002, I served the foregoing Notice of Deposition 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 Brown, Esq. 1712 N Street, NW 1275 Pennsylvania Avenue, NW Washington, DC 20036-2976 Ninth Floor 202-822-0068 Washington, DC 20004 202-318-2372 and by U.S. Mail upon: Elliott Levitas, Esq. 1100 Peachtree Street, Suite 2800 Atlanta, GA 30309-4530 and by U.S. Mail and by facsimile upon: Alan L. Balaran, Esq. Special Master 1717 Pennsylvania Ave., NW 12th Floor Washington, DC 20006 202-986-8477 Joseph S. Kieffer, III, Esq. Special Master-Monitor 420 7th Street, NW Apt 705 Washington, DC 20004 202-478-1958 Sean P. Schmergel