IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 

) ELOUISE PEPION COBELL, et al., ) 
)  No. 1:96CV01285  
Plaintiffs,  )  (Judge Robertson) 
 v.  )  
)  

DIRK KEMPTHORNE, Secretary of ) 
the Interior, et al., ) 
)
 Defendants. ) 
) 

DEFENDANTS’ RESPONSE TO PLAINTIFFS’ UNOPPOSED MOTION TO RESOLVE OUTSTANDING MATTERS 
On December 5, 2007, Plaintiffs sought leave [Dkt. 3460] to file their motion, styled as Plaintiffs’ Unopposed Motion to Resolve Outstanding Matters [Dkt. 3461]. In that motion, Plaintiffs ask the Court to address Plaintiffs’ Motion for a Protective Order Requiring Defendants to Pay Plaintiffs’ Expert Deposition Fees and Expenses, filed October 10, 2003 [Dkt. 2329]. 
Although Defendants do not oppose the Court’s consideration of the merits of Plaintiffs’ underlying motion from 2003 [Dkt. 2329], Defendants have opposed the merits of that motion, as fully set forth in their opposition, Defendants' Opposition to Plaintiffs' Motion for a Protective Order Requiring Defendants to Pay Plaintiffs' Expert Deposition Fees and Expenses, filed October 24, 2003 [Dkt. 2353]. As part of their opposition, Defendants also assert a setoff against corresponding fees and expenses owed by Plaintiffs for deposition of Defendants’ experts. Defendants respectfully urge that their setoff request be considered together with the merits of Plaintiffs’ motion. 
Dated: December 19, 2007 	Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General MICHAEL F. HERTZ Deputy Assistant Attorney General 
J. CHRISTOPHER KOHN Director
  /s/ Robert E. Kirschman, Jr.    ROBERT E. KIRSCHMAN, JR. 
D.C.
 Bar No. 406635 Deputy Director MICHAEL J. QUINN 

D.C.
 Bar No. 401376 Commercial Litigation Branch Civil Division 


P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875 
(202) 616-0328 
2 

CERTIFICATE OF SERVICE 
I hereby certify that, on December 19, 2007 the foregoing Defendants’ Response to Plaintiffs’ Unopposed Motion to Resolve Outstanding Matters was served by Electronic Case Filing, and on the following who is not registered for Electronic Case Filing, by facsimile: 
Earl Old Person (Pro se) Blackfeet Tribe 
P.O. Box 850 Browning, MT 59417 Fax (406) 338-7530 
/s/ Kevin P. Kingston Kevin P. Kingston