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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPION COBELL, a al., 
Plaintiffs, 
V. 
GALE NORTON, Secretary of the Interior, gt al,, 
Defendants. 
) 
)
1 
) 
) 
) 
Case No. 1:96CV01285 
(Judge Lamberth) 
INTERIOR DEFENDANTS' OPPOSITIONTO PLAINTIFFS' MOTION FOR 
ENLARGEMENT OF TIME TO FILE OPPOSITION TO INTERIOR DEFENDANTS' 
MOTION AND MEMORANDUM TO REQUIRE PLAINTIFFS' COMPLIANCE 
WITH COURT'S ORDERS CONCERNING "ATTACHMENTC" 
Plaintiffs' Motion for Enlargement of Time to File Opposition to Interior Defendants' Motion 
and Memorandum to Require Plaintiffs [sic] Compliance with Court's Orders Concerning "Attachment 
C" ("Plaintiffs' Motion") should be denied. Plaintiffs' Motion, if granted, would allow Plaintiffs to 
continue flouting the Court's orders protecting the seal on Attachment C, which the Court held is 
protected by the deliberative process privilege. Interior Defendants' motion seeks an order directing 
Plaintiffs to remove from their website privileged material that the Court has already ordered stricken 
from the record. 
Contrary to Plaintiffs' bald contention, the First Amendment is not implicated by their wrongfkl 
publication of a sealed, privileged document. They brazenly urge the Court to give them more time 
because the web-posted documents referencing Attachment C are "in the public domain." Plaintiffs' 
Motion at 1. The documents are in the public domain because Plaintiffs' blatantly and repeatedly have 
refused to protect the seal on Attachment C, first in violation of the Court's October 18,2002 Order This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
and now in violation of the Court's Memorandum Opinion and separate Order of April 11,2003. 
Plaintiffs should not be rewarded for their improper actions. 
Finally, Plaintiffs argue that they should be given more time to oppose Interior Defendants' 
motion because they "are engaged fully in prosecuting Trial 1S." Plaintiffs' Motion at 1. Interior 
Defendants are also fully engaged in Trial 1.5. More importantly, for every day Plaintiffs keep these 
references to Attachment C on their website, the harm to Interior Defendants increases because the 
protection of the seal on Attachment C becomes less meaningful. 
For the reasons set forth above, the Court should deny Plaintiffs' Motion. 
May 19,2003 Respectfully submitted, 
ROBERT D. McCALLUM, JR. 
Assistant Attorney General 
STUART E. SCHIFFER 
Deputy Assistant Attorney General 
J. CHRISTOPHER KOHN 
w a r No. 261495 
Deputy Director 
JOHN T. STEMPLEWICZ 
Senior Trial Counsel 
JOHN R. KRESSE 
Trial Attorney 
D.C. Bar No. 430094 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-0875 
(202) 514-7194 
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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPION COBELL, al., )
1 
Plainti ffs, ) 
) 
V. ) Case No. 1:96CVO1285 
) (Judge Lamberth) 
GALE NORTON, al., ) 
) 
Defendants. ) 
) 
Secretary of the Interior, 
ORDER 
This matter comes before the Court on Plaintiffs' Motion for Enlargement of Time to File 
Opposition to Interior Defendants' Motion and Memorandum to Require Plaintiffs Compliance with 
Court's Orders Concerning "Attachment C" and any responses thereto. The Court finds that the 
Motion should be DENIED. 
IT IS THEREFORE ORDERED THAT Plaintiffs' Motion for Enlargement is denied. 
SO ORDERED this day of ,2003. 
ROYCE C. LAMBERTH 
United States District Judge This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
cc: 
Sandra P. Spooner, Esquire 
John T. Stemplewicz, Esquire 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-0875 
Fax (202) 514-9163 
Dennis M Gingold, Esquire 
Mark Kester Brown, Esquire 
1275 Pennsylvania Avenue, N.W 
Ninth Floor 
Washington, D.C. 20004 
Fax (202) 318-2372 
Keith Harper, Esquire 
Native American Rights Fund 
1712N Street, N.W. 
Washington, D.C. 20036-2976 
Fax (202) 822-0068 
Elliott Levitas, Esquire 
1100 Peachtree Street, Suite 2800 
Atlanta, GA 30309-4530 
Alan L. Balaran 
Special Master 
1717 Pennsylvania Avenue, N.W. 
12th Floor 
Washington, D.C. 20006 
Earl Old Person (prose) 
Blackfeet Tribe 
P.O. Box 850 
~ Browning, MT 59417 
Fax (406) 338-7530 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
CERTIFICATE OF SERVICE 
I declare under penalty of perjury that, on May 19,2003 I served the foregoingInterior 
Defendants’ Opposition to Plaint@s’ Motionfor Enlargement of Time to File Opposition to 
Interior Defendants Motion and Memorandum to Require Plaint@s Compliance With Court‘s 
Orders Concerning “AttachmentC“ by hand upon: 
Keith Harper, Esq. 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D.C. 20036-2976 
(202) 822-0068 
Mark Kester Brown, Esq. 
607 - 14th Street, NW 
Box 6 
Washington, DC 20005 
(202) 318-2372 
Per the Court’s Order of April 17,2003, 
by facsimile and by US. Mail upon: 
Earl Old Person (Pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 59417 
(406) 338-7530 
By facsimile and US. Mail: 
Alan L. Balaran, Esq. 
Special Master 
1717 Pennsylvania Avenue, N.W. 
13th Floor 
Washington, D.C. 20006 
(202) 986-8477 
Dennis M Gingold, Esq. 
1275 Pennsylvania Avenue, N.W. 
Ninth Floor 
Washington, D.C. 20004 
(202) 318-2372 
By U.S. Mail upon 
Elliott Levitas, Esq: 
1100 Peachtree Street, Suite 2800 
Atlanta, GA 30309-4530