IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPION COBELL, gt &, 
Plaintiffs, 
V. 
1 
) 
) 
1 
1 
Case No. 1:96CVO1285 
1 (Judge Lamberth) 
GALE A. NORTON, Secretary of the Interior, g al., ) 
Defendants. 1 
) 
STATEMENT SUBMISSIONS OF PLAINTIFFS 
Pursuant to Fed. R. Civ. P. 26(a)(3) and Local Rule 16.5(e), Defendants hereby subniit 
their objections to the Pretrial Statement submissions of Plaintiffs. On April 22,2003, the parties 
attempted to file a Joint Pretrial Statement containing, inter alia, a witness list, exhibit list and 
deposition designations for each side's use at trial. When this proved unfeasible, Defendants 
filed a separate Pretrial Statement with attachments on April 22, 2003, and Plaintiffs moved on 
April 23, 2003 for leave to file their own "unilateral" Pretrial Statement. By Order of April 28, 
2003, the Court granted Plaintiffs the requested leave. Although Defendants do not object to the 
grant of leave,' they do have several objections to the contents of Plaintiffs' submission. 
Obiections to Plaintiffs' Witness List A. 
Plaintiffs' witness list does not comply with the requirements of Local Rule 16S(b)(5). 
' Having no objection to Plaintiff making their requested filing, Defendants will not 
undertake a line by line refutation of Mr. Brown's story, as set forth in his Declaration supporting 
Plaintiffs' motion for leave, other than to note that despite Defendants' repeated entreaties to 
Plaintiffs, including in writing, up to a week before the deadline to confer on the Pretrial 
Statement, Defendants first received a draft of Plaintiffs' text at approximately 10:55 p.m. on 
April 22,2003. This rule, in pertinent part, requires that the list "separately identify[ ] those whom the party 
expects to present and those whom the party may call if the need arises including rebuttal 
witnesses." Plaintiffs' witness list does not contain any such separate identification, and 
therefore, the list is deficient under the local rule. 
Defendants brought this deficiency to Plaintiffs attention on April 24,2003, and 
requested that the missing information be provided by the next evening.2 Plaintiffs did provide a 
hrther annotated witness list later on Friday, but this list is also defective. On the revised list, 
Plaintiffs simply flagged certain witness names with a "#" symbol, which Plaintiffs describe as 
denoting a "witness likely to be called." See Plaintiffs' Witness List at 5 (Rev. Apr. 25,2003) 
(Tab "B*' hereto). This designation of "likely to be called" does not correct the problem. 
Defendants are entitled to know what witnesses will be called by Plaintiffs at trial and which 
?nay" be called. 
B. Obiections to Plaintiffs' Exhibit List 
Plaintiffs' exhibit list contains several defects, and Defendants object to the list in its 
entirety on the grounds set forth below. In compliance with Local Rule 16.5(e), Defendants also 
submit herewith all of their specific objections (except as to relevance) to each of the exhibits 
identified by Plaintiffs, to the extent such a determination could be reasonably made. 
Defendants' specific objections are set forth on the chart annexed hereto at Tab C. 
Notwithstanding the referenced objections, Defendants expressly reserve the right to object to 
any exhibit on grounds of relevance under Fed. R. Evid. 402 or 403 at the appropriate time. Fed. 
R. Civ. P. 26(a)(3). 
* Letter from Michael J. Quinn to Mark Brown, Esq. (April 24,2003) (Tab "A" hereto). 
- 2 - 1. 
2. 
3. 
4. 
Plaintiffs' general objections to Plaintiffs' exhibit list are as follows: 
The list fails to comply with Local Rule 16.5(b)(6), which requires that the list shall 
"separately identi@[ ] those which the party expects to offer and those which the party 
may offer if the need arises." Despite Defendants' notice to Plaintiffs concerning this 
deficiency in their exhibit list (see Tab A), Plaintiffs have not corrected the defect. 
Defendants object to Plaintiffs' exhibit list on the grounds that numerous exhibit entries 
do not properly identify individual exhibits but multiples of separate, individual 
documents that should each be identified separately as exhibits. Defendants object to 
both the description of the such "catch all" and "placeholder" exhibits as inadequate under 
the rules and to offering multiple documents as one exhibit. 
Despite multiple invitations to exchange a copy of exhibits, Plaintiffs have not done so to 
date. Defendants have searched their litigation files in an attempt to locate documents 
matching items on Plaintiffs' exhibit list. Therefore, Defendants' objections for all of 
Plaintiffs' exhibits are subject to amendment at any time upon discovery that an exhibit 
Plaintiffs' intend to offer does match the document upon which Defendants have asserted 
their objections. To the extent that an actual exhibit is different or until such time as 
Plaintiffs provide a copy of their listed exhibits, Defendants reserve the right to amend 
their objections for any exhibit. 
For documents identified on Plaintiffs' exhibit list that are not presently in Defendant' 
possession, Defendants object to such exhibits upon &l available grounds for exclusion, 
until such time as a copy of such exhibits have been provided to Defendants. 
- 3 - Obiections to Plaintiffs' Deposition Designations 
available 
C. 
Plaintiffs have cited 17 discovery deposition transcripts in their entirety. Defendants 
object to this gross designation, for it is doubthl that all such testimony will be of use to the 
Court or relevant to the issues to be tried. The wholesale designation of entire depositions places 
an undue burden on Defendants to the extent it would require Defendants to assert objections to 
potentially hundreds of pages of testimony that Plaintiffs will never use. Defendants also 
anticipate that Plaintiffs will offer more specific citations to, or excerpts from, the identified 
depositions as the trial progresses. Defendants, therefore, expressly reserve the right to serve 
deposition counterdesignations and to assert line specific objections at the appropriate time. 
Until such time, Defendants object to such depositions in their entirety upon 
grounds for exclusion. (Defendants also incorporate by reference all objections asserted of 
record in the course of any listed depositions.) 
To the extent an objection exists under either Fed. R. Civ. P. 26(a)(3)(A) or 32(a) that is 
generally applicable to an entire deposition, such objection is asserted in the accompanying table 
at Tab "D." Notwithstanding any of the foregoing, Defendants expressly reserve the right to 
assert any and all objections based on relevance, under Fed. R. Evid. 402 or 403 (including but 
not limited to objections such as "asked and answered," "cumulative evidence," and "narrative") 
as to any deposition testimony in whole or in part. 
-4- Respect fid ly submitted, Dated: April 29,2003 
ROBERT McCALLUM, JR. 
Assistant Attorney General 
STUART E. SCHIFFER 
Deputy Assistant Attorney General 
J. CHRISTOPHER KOHN 
Director 
SANDRA P. SPOONER (D.C. Bar No. 261495) 
Deputy Director 
MICHAEL J. QUINN (D.C. Bar No. 401376) 
Trial Attorney 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-0875 
(202) 5 14-7 1 94 
- 5 - CERTIFICATE OF SERVICE 
I declare under penalty of perjury that, on April 29,2003 I served the foregoing Defendants' 
Objections to the Pretrial Statement Submissions of Plaint@s by facsimile in accordance with their 
written request of October 3 1,2001. 
Keith Harper, Esq. 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D.C. 20036-2976 
(202) 822-0068 
Per the Court's Order of April 17, 2003 
by facsimile and U.S. Mail upon: 
Earl Old Person (Pro Se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 5941 7 
(406)33 8-7530 
By U.S. Mail upon: 
Elliott Levitas, Esq. 
1100 Peachtree Street 
Suite 2800 
Atlanta, CA 30309-4530 
Dennis M Gingold, Esq. 
Mark Kester Brown, Esq. 
1275 Pennsylvania Avenue, N. W. 
Ninth Floor 
Washington, D.C. 20004 
(202) 3 18-2372 
By facsimile and U.S. Mail upon: 
Alan L. Balaran, Esq. 
Special Master 
17 17 Pennsylvania Avenue, N. W. 
13th Floor 
Washington, D.C. 20006 
(202) 986-8477 Postal Service Address 
P.O. Box 875 Ben Franklin Station 
Washington, D.C. 20044-0875 
Michael J. Quitin - Trial Attorney 
1. 
Via Telecooier: 202-31 8-2372 
Mark Kester Brown, Esq. 
c/o 1275 Penna. Avenue, NW, 9th Floor 
Washington, DC 20004 
Dear Mark: 
I wiite to inquire about t h e e matters in connection with the upcoming Pretrial 
Conference to be held on April 29, 2003. Although I understand you have moved, we are faxing 
this letter to the last telecopier number that we have for you. Unless we receive written notice 
froin Plaintiffs instructing otherwise, we will continue to use this fax number for you and will 
also continue to make any hand deliveries to the address listed above. 
Witness List. We note that Plaintiffs' witness schedule as scrvcd upon 
Defendants omits identification, as required by Local Rule 16.5(b)(5), of which listed witnesses 
Plaintiffs "Expect to Call" and those Plaintiffs "May Call" during trial. Defendants complied 
with this disclosure obligation in submitting their witness list, and we (and the Court) are 
entitled lo receive the same disclosure from Plaintiffs for trial planning purposes. The omitted 
information must be provided immediately. If we do not receive this information by 5:OO p.m. 
tomorrow, April 25, we will move thc Court for appropriate relief. Unless you advise us to the 
contrary by (hat lime tomorrow, we will conclude that you oppose such a motion. 
2. Exhibit List. The same deficiency exists with respect to Plaintiffs' Exhibit List. 
Local Rule 16.5(b)(6) expressly provides that each party is to "separately identify which 
[exhibits] the party expects to offer and those which the party may offer iT the need arises." 
Defendants complicd with this obligation on their exhibit list, but Plaintiffs have not. This 
dcficicncy must also be corrected immcdiatcly. If we do not receive this additional omitted 
information by 5:OO p.m. tomorrow, we will seek redress this problem as well as part of the 
motion I described above. Thus, unless you advise us to the contrary by 5:OO p m . April 25, we 
will conclude that you oppose such a motion. 
3. Exchange of Exhibits. Do Plaintiffs desire to exchange a copy set of thcir 
marked exhibits with Defendants in return for a marked copy set of Defendants' exhibits? I 
mcntioncd this possibility to you at least once during in the past week, but there was no 
resolution. We are prepared to make an exchange upon reasonablc advancc notice. If Plaintiffs 
desire t3 niake such a1 exchange, please advise. 
U.S. Department of Justice 
Civil Division 
Street Address 
I 100 L Street, N. W.-Room 10040 
F ~ ~ : ( 2 0 2 / 5/4-9163 
(202) 305-4933 
Washington, D.C. 20005 
Phone (202)307-0243 
April 24,2003 
Re: Cobell et al. v. Norton et al. 
Defs' Objections to Pretrial 
Submissions o f Plaintiffs 
Exhibit A Mark Kester Brown, Esq. 
April 24, 2003 
Page 2 
Thank you for your prompt attention to our concerns. 
cc: Keith Harper, Esq. 
Very truly yours, 1cI I$JOOl COBELL-LIBRARY 
1643 
3 
TX/RY NO 
PCS . 
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(1) 93182372 
98220068 ( 2 ) 
04/24/2003 18:44 FAX 2023533565 
TX/HX I NCOMI'LKI'I< 
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TRANSACTION OK 
ERROR I NFOMATI ON 
FROM: 
_ _ _ _ _ 
MPORrmT: This faacsimilc Is intended only for the we ofthe individual or entity to which ir is addrcszad. It may 
contain infomu~tion that is privileged, codfidential, or otherwise protected from disclosure under applicable law. If 
the reader of this trmmission is nor The intmdcd recipient or the employee or agent responsible for deliveriug the 
transmission to the intended recipient, you BIC hcrcby notified that any dissemination, distribution, copying or usc of 
this transmission or its contents is strictly prohibited If you have received this transmission in error, plcsse notify us 
by telephoning and return the original transmission to us at the address given below. 
Department of Justice 
Civil Division 
Fax No. 
Voice No. (202) 307-0243 
I 
(202) 5 14-9 163 
Keith Harper 
(202) 822-0068 
SENT BY; Michael J. Qirinn 
TO: Mark Kester Brown 
(202) 3 18-2372 FAX XC. 
NUMBER OF PAGES SENT (INCLUDING COVER PAGE): 3 
sPECiAL INSTRUCTIONS: Letter coricerning Prelrial Conference matters. 
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PLAINTIFFS ' W ITXES S 'LIST 
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FAS N[:MBF,R 12025149163 
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FROM Geoffrey Rempel 
2003-04 -25 21 : 34 : 21 GMT 
Fax f r o m Geoffrey Rempel 
FORMICHAEL QUINN 
WWW-EFAX COU PO0 1 
Po02 
PO03 
PO04 
~ 
PO05 
PO06 
PO07 
PO08 
PO09 
PO10 
PO1 1 
PO12 
PO13 
PO14 
PO15 
Exhibit # Description 
Defendant's Objections to Plaintiffs' Phase 1.5 Trial Exhibits 
Cobell v. Norton, 96~~01285, RCL 
Obiections 
None Letter &om Representative Pallone to the Court dated 
January 2,2003 
Letter from Representative Pallone to Secretary Norton dated None 
April 17,2003 
None May 19, 1932 memorandum for the Secretary from C.J. 
Rhoads 
None Notice of Filing of Department of Interior's First Quarterly 
Report and Related Documents 
Notice of Filing of Department of Interior's Second Quarterly None 
Report 
Notice of Filing of Department of Interior's Third Quarterly 
Report 
Notice of Filing of Department of Interior's Fourth Quarterly 
Report 
None 
None 
None Notice of Filing of Department of Interior's Fifth Quarterly 
Report 
Notice of Filing of Department of Interior's Sixth Quarterly None 
None 
None 
None 
None 
None 
Report 
Notice of Filing of Department of Interior's Seventh Quarterly None 
Report 
Quarterly Report 8 
Quarterly Report 9 
Quarterly Report 10 
Quarterly Report 1 1 
Quarterly Report 12 
Page 1 of 26 
~ Dek' ... Objections . to Pretrial 
Submissions of Plaintiffs 
Exhibit C I PO16 
PO17 
PO1 8 
PO19 
PO20 
PO2 1 
PO22 
PO23 
PO24 
PO25 
PO26 
PO27 
PO28 
PO29 
PO30 
PO3 1 
PO32 
~~~~ ~~~ 
~~ ~ ~ 
~~ ~ 
~~ 
Description 
As-Is Communications from Superintendents 
Department of the Interior As-Is Report 
Joe Christie Inventory and documents referenced therein 
First Treasury Quarterly Report 
Second Treasury Quarterly Report 
Third Treasury Quarterly Report 
Fourth Treasury Quarterly Report 
Fifth Treasury Quarterly Report 
Six Treasury Quarterly Report 
seventh Treasury Quarterly Report 
3ighth Treasury Quarterly Report 
Vinth Treasury Quarterly Report 
renth Treasury Quarterly Report 
Zleventh Treasury Quarterly Report 
rwelfth Treasury Quarterly Report 
I rhirteenth Treasury Quarterly Report 
Department of the Interior Comprehensive Trust Managemenl None 
Plan dated March 28,2003 
~- 
16.5, FRCP 26(a)(3); 
Reserve the right to 
further object upon receipt 
of exhibits 
None 
FRE 90 1 - requires 
Authentication; 
Inappropriate identificatioi 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
fbrther object upon receipt 
of exhibits; Potentially 
Privileged and FRE 80 I - 
Hearsay 
None 
None 
None 
None 
Vone 
Vone 
\lone 
Vone 
\lone 
Vone 
\Tone 
$one 
gone 
0 b i ections 
Inappropriate identificatioi 
of exhibits, Local Rule 
Page 2 of 26 
~~ Exhibit # Description 
PO33 
PO34 
PO3 5 
PO36 
PO3 7 
Documents referenced in the Trial 1.5 expert report of 
Matthew Gabriel 
Documents referenced in the Trial 1.5 expert report of John 
Wright 
Documents referenced in the Trial 1.5 expert report of 
Richard Fasold 
Documents referenced in the Trial 1.5 expert report of Paul 
Homan 
Documents referenced in the Trial 1.5 expert report of 
Dwight Duncan 
~ 
- ~ 
Page 3 of 26 
Obiections 
F W 702- dependent on 
admissibility of expert 
opinion; Inappropriate 
identification of exhibits, 
Local Rule 16.5, FRCP 
26(a)(3); Reserve the right 
to further object upon 
receipt of exhibits 
FRE 702- dependent on 
admissibility of expert 
opinion; Inappropriate 
identification of exhibits, 
Local Rule 16.5, FRCP 
26(a)(3); Reserve the right 
to further object upon 
receipt of exhibits 
FRE 702- dependent on 
admissibility of expert 
opinion; Inappropriate 
identification of exhibits, 
Local Rule 16.5, FRCP 
26(a)(3); Reserve the right 
to further object upon 
receipt of exhibits 
FRE 702- dependent on 
admissibility of expert 
opinion; tnappropriate 
identification of exhibits, 
Local Rule 16.5, FRCP 
26(a)(3); Reserve the right 
to further object upon 
receipt of exhibits 
FRE 702- dependent on 
admissibility of expert 
apinion; Inappropriate 
identification of exhibits, 
Local Rule 16.5, FRCP 
26(a)(3); Reserve the right 
:o hrther object upon 
-eceipt of exhibits Exhibit # 
PO38 
PO39 
PO40 
P040a 
P040b 
P040c 
P040d 
P040e 
P040f 
DescriDtion 
Documents referenced in the Trial 1.5 expert report of Landy 
Stinnett 
Documents referenced in the Trial 1.5 expert report of Alan 
McQuillan 
The following Special Master Reports and attached exhibits: 
Interim Report of the Special Master Regarding the Filing of 
Interior's Eighth Quarterly Report, filed April 2 1,2003 
Second Investigative Report of the Special Master Regarding 
the Office of lrust Records dated April 1 1 , 2002 
Report and Recommendation of the Special Master Regarding 
the Security of Data at the Department of the Interior 
Opinion (Special Master 07/27/0 1) 
First Investigative Report of the Special Master Regarding 
Defendants Response to Document Request 9 of Attachment 
B to the Subpoena Duces Tecum 
Recommendation and Report of the Special Master 
Concerning Plaintiffs' Motion for Order to Show Cause Why 
Dcfendants and Their Employees and Counsel Should Not Be 
Held in Contempt and for Sanctions for Violating the Anti- 
Vetaliation Order 
Page4of 26 
Ob iections 
FRE 702- dependent on 
admissibility of expert 
opinion; Inappropriate 
identification of exhibits, 
Local Rule 16.5, FRCP 
26(a)(3); Reserve the righ 
to krther object upon 
receipt of exhibits 
FRE 702- dependent on 
admissibility of expert 
opinion; Inappropriate 
identification of exhibits, 
Local Rule 16.5, FRCP 
26(a)(3); Reserve the righi 
to further object upon 
receipt of exhibits 
Inappropriate identificatio: 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
further object upon receipt 
of exhibits; Potentially 
Hearsay/ Privileged 
FRE 80 1 - Hearsay 
FRE 80 1 - Hearsay 
FRE 80 1 - Hearsay 
FRE 80 1- Hearsay 
FRE 80 1 - Hearsay 
FRE 80 1 - Hearsay PO4 1 b 
PO4 1 c 
PO4 1 d 
PO4 1 e 
Exhibit # Descrbtion 
P040g 
P040h 
P040i 
P040j 
P040k 
PO401 
PO4 1 
PO4 1 a 
I Opinion (Special Master 07/23/0 1) 
Opinion (Special Master 05/07/0 1) 
Opinion (Special Master lO/O 11'0 1) 
Site Visit Report of the Special Master to the Office of 
Information Resources Management 
January 15,2002 First Status Report of the Special Master 
Regarding the Shutdown and Reconnection of Computer 
Systems at the Department of the Interior 
February 5,2002 Second Status Report of the Special Master 
Regarding the Shutdown and Reconnection of Computer 
Systems at the Department of the Interior 
W.L. 1480903) 
Report and Recommendation of the Special Master-Monitor 
on "Plaintiffs' Motion to Compel Attendance of Witnesses at 
Deposition and to Award Reasonable Expenses'' and 
"Defendants' Motion for Protective Order" dated October 2, 
2002 
Report and Recommendation of the Special Master-Monitor 
on the Extent of the Authority of the Special Master-Monitor 
to Regulate All Phase 1.5 Trial Discovery Proceedings and 
the Need for Clarification of the September 17,2002 Order 
Appointing the Special Master-Monitor, dated November 18, 
2002 
First Report of the Court Monitor 
Second Report of the Court Monitor ~ 0 4 I f 
~~ 
~ -~ - 
The following Court Moni tor/Special Master-Monitor Report! Inappropriate identi fica t ioi 
and attached exhibits: 
Seventh Report of the Court Monitor dated May 2,2002 (200: FRE 80 1 - Hearsay 
W.L. 844726) 
Eighth Report of the Court Monitor dated July 11,2002 (2002 FRE 801- Hearsay 
FRE 80 1 - Hearsay 
FRE 80 1 - Hearsay 
FRE 80 1 - Hearsay 
FRE 801- Hearsay 
FRE 801- Hearsay 
FRE 801- Hearsay 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
further object upon receipt 
of exhibits; Potentially 
Hearsay/ Privileged 
FRE 80 I - Hearsay 
FRE 801- Hearsay 
FKE 80 1 - Hearsay 
Page 5 of 26 
Objections 1 
I PO4 1 g 
PO4 1 h 
PO4 1 i 
PO4 1 j 
PO4 1 k 
PO42 
PO43 
PO44 
PO45 
PO46 
Exhibit # Description 
Third Report of the Court Monitor 
Fourth Report of the Court Monitor 
Supplemental Report Amending the Second and Fourth Report 
of the Court Monitor 
February I , 2002 Fifth Report of the Court Monitor 
February 1,2002 Sixth Report of the Court Monitor 
The Trial 1.5 expert report of Alan Newel1 and documents 
referenced therein 
The Trial 1.5 expert report of Joseph Rosenbaum and 
documents referenced therein 
The Trial 1.5 expert report of David Lasater and documents 
referenced therein 
The Trial 1.5 expert report of Edwards Angel and documents 
referenced therein 
The Historical Accounting Plan for Individual Indian Money 
Accounts filed by Department of the Interior on January 6, 
PO4 7 
PO48 
PO49 
PO50 
PO5 1 
PO52 
2003 
The Fiduciary Obligations Compliance Plan filed by 
Department of the Interior on January 6,2003 
Plaintiffs' Response to Defendants' Historical Accounting 
Plan for lndividual Indian Money Accounts, filed January 3 1, 
Ob iections 
FRE 801- Hearsay 
FRE 80 1 - Hearsay 
FRE 80 1 - Hearsay 
FRE 801- Hearsay 
FRE 80 1 - Hearsay 
None 
None 
None 
None 
None 
None 
FRE 801 - Hearsay 
None 
None 
FRE 801- Hearsay 
2003 
Plaintiffs' Opposition to the "Fiduciary Obligations Compliancc: FRE 80 1 - Hearsay 
Plan" if Interior Secretary Gale Norton and Acting Assistant 
Secretary Aureen Martin, filed January 3 1,2003 
Plaintiffs' Plan for Determining Accurate Balances in the 
Individual Indian Trust, filed January 6,2003 
Plaintiffs' Compliance Action Plan Together with Applicable 
Trust Standards, filed January 6,2003 
April 19,2002 Letter of GAO General Counsel Anthony 
Ciamboa to OHTA Director Bert Edwards 
Page6of 26 Exhibit # 
PO53 
PO54 
PO55 
PO56 
P056a 
P056b 
P056c 
PO57 
Description 
GIS Methodology Presentation by Matthew Gabriel 
All Reports issues by EDS, including the following: 
DO1 Trust Reform- Interim Information Assurance Report 
itid Roadmap for T U M S and BIA Data Cleanup (EDS) 
DOI Trust Reform- Interim Information Assurance Report 
and Roadmap for TAAMS and RIA Data Cleanup (EDS) 
November 12,200 1 Interim Report on TAAMS and BIA 
Data Cleanup (EDS) 
All documents requested of defendants and their agents by the h a p propria te identi fica tio 
Special Master-Monitor 
All documents requested of defendants and their agents by the Inappropriate identificatio 
Special Master 
Obiections 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
hrther object upon receipl 
of exhibits; Potentially 
Hearsay,' Privileged 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
further object upon receip' 
of exhibits; Potentially 
Hearsay/ Privileged 
Subject to hrther 
objections upon receipt of 
document 
Inappropriate identi ficatio 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
further object upon receipl 
of exhibits 
Inappropriate idcntificatioi 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
further object upon receipt 
of exhibits 
Inappropriate identificatio 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
further object upon receipf 
of exhibits 
None 
Understood to be 
withdrawn 
Page 7 of 26 Exhibit # 
PO58 
PO59 
PO60 
PO6 1 
~ 
PO62 
PO63 
PO64 
~~ ~ 
DescriDtion 
AdvisoIy Board to the Special Trustee for American Indians 
Position Statement UI, November 2002 
April 3,1996 Anderson Memorandum to Paul Homan 
High Level Implementation Plan (2/29/00) 
Defendants' Notice of Filing of Secretarial Memorandum 
Regarding Statistical Sampling 
Defendants' Notice to the Appellate Court re Memorandum 
Regarding Statistical Sampling 
December 2 1 , 2000 Slonaker Memorandum for Babbitt 
S ignature-Transmittal re Stat is t ica I Sampling 
March 1,2000 Memorandum from Blackwell to Haugrud re 
Rule 11 
Thompson E-mail Multiple (First) 
PO65 
PO66 
PO67 
Page 8 of 26 
~~ ~ 
~ 
Obiectioos 
Understood to be 
withdrawn 
FRE 801 Hearsay 
None 
Understood to be 
withdrawn 
None 
None 
None 
Inappropriate identificatio 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
hrther object upon receipt 
of exhibits 
None 
Inappropriate identificatioi 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
further object upon receipt 
of exhibits; Potentially 
Hearsay/ Privileged ~ 
Exhibit # 
PO68 
PO69 
PO70 
PO7 1 
PO72 
PO73 
PO74 
PO75 
PO76 
Dcscrir, tio n 
September 10,2001 Notice of Filing of Comprehensive 
Accounting Plan 
August 27, 1999 GAO Letter to John Berry re Sufficiency of 
GAO Audits Prior to 1952 
November 17,200 1 Walker Memo re 600 GAO Boxes 
November 9,2001 Notice of Filing of Preliminary Work for 
the Historical Accounting 
February 200 1 Dallas TAAMS Transcript 
February 17,2000 Shuey Memo re EfLlP 2000 
June 1,2000 Ass't Sec PMB Transmittal Letter to Schiffer re 
2d Qr 
August 27,200 1 Metno from Myers to Norton re7th Qr 
August 3 1,200 1 Memo from McCarthy to Myers, Rossetti, 
Kimmelhoch re 7th Qr 
Page 9 of 26 
~ 
Obiections 
Inappropriate identificatioi 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
fiirther object upon receipt 
of exhibits (If Plaintiffs 
intended to list the 
Blueprint for Developing 
the Comprehensive 
Accounting Plan for 
Individual Monies, filed 
September 10,200 1, 
Defendants have no 
objection to that 
document) 
FlU3 801 - Hearsay 
None 
None 
tnappropriate identificatior 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
hrther object upon receipt 
of exhibits 
Inappropriate identificatiot 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
hrther object upon receipt 
of exhibits 
FRE 801 - Hearsay 
FRJ2 801 - Hearsay 
FRE 801 - Hearsay Exhibit # 
~ ~ 
PO77 
-~ 
PO78 
~ 
PO79 
~ 
~ ~~ ~ ~ 
9080 
PO8 1 
'082 
'083 
Description 
TAAMS Risk Assessment January-2000 - July 2000 
TAAMS Risk Assessment March 2000 
TAAMS Risk Assessment April 200 1 
TAAMS Risk Assessment June 200 1 
T A M S Risk Assessment July 2001 
3rd Declaration of Dom Nessi 
July 28,2000 US. 48th Annual Award Ceremony: John 
Marshall Awards Winners (DOJ) 
Page 10 of 26 
~~ 
Obiections 
Inappropriate identification 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
htther object upon receir 
of exhibits 
Inappropriate identificatic 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
hrther object upon receip 
of exhibits 
-~ 
Inappropriate identificatic 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
hrther object upon receip 
of exhibits 
Inappropriate identificatio 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
fiirther object upon receip 
of exhibits 
Inappropriate identificatia 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
further object upon receip 
of exhibits 
Inappropriate identificatio 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
further object upon receipi 
of exhibits; Potentially 
FRE 801 - Hearsay 
None Exhibit # 
PO84 
PO85 
PO86 
PO87 
PO88 
PO89 
PO90 
PO9 I 
PO92 
PO93 
PO94 
PO95 
Obiections 
FRE 801 - Hearsay 
1 None 
None 
None 
None 
16.5, FRCP 26(a)(3); 
Reserve the right to 
hrther object upon receipt 
of exhibits 
None 
~ ~ 
FRE 801- Hearsay 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
further object upon receipt 
of exhibits 
Description 
DO1 and Related Agencies Appropriations Bill, 2002 ($6 14m) None 
2/02/00 Memo from Thompson to Gernhofer, Bielek Re: 
Comments and Recommendations on BIA HLIP Sub Project 
Drafts 
July 14,2000 Memo to Various from Slonaker re Assume 
Responsibility for Quarterly Reporting 
April 3, 1996 Memo from Solicitor to Homan re Legal Issues ’ None 
Pertaining to DOTS Trust Fund Management Responsibilities 
and OST Reform Efforts 
November 2 1,1978 Letter from the DO1 SOL Krulitz to 
Assistant Attorney General Moorman re Fiduciary Duties with 
Respect to Individual Indian Trust Beneficiaries 
August 22,1997 Memo from Secretary to Various re Trust 
Improvement Projects Members 
September 30, I995 U.S. DOI-BLA Tribal, Individual Indian 
Monies and Other Special Appropriate Funds Managed by the 
Office of Trust Funds Management (Griffin ‘95) 
May 2, 1999 Clark E-mail to Various Solicitors and Other Re: Inappropriate identificatio 
Summary of If LIP Updates of exhibits, Local Rule 
September 2000, GAO Report “Improvements Made in 
Acquisition of New Asset and Accounting but Significant 
Risks Remain 
June 29, 1999 E-mail from Infield to Nessi, George Gover re 
BIA Data Cleanup 
January 23, 2002 Notice of Filing-Additional Documentation Inappropriate identi ficatioi 
Provided to the Court re Failure to Disclose 
April 28,1999 GAO Repot Indian Trust Funds: Interior Lacks None 
Assurance That Trust Improvement Plan Will Be Effective 
Page 1 1 of 26 Exhibit # 
1 
PO96 
PO97 
PO98 
PO99 
PlOO 
PI01 
PI02 
P103 
P 104 
I Description 
March 2000 Disposition or Disposal? An Investigation Into t h 
Historical Disposition of Indian Trust Funds Records, 
Prepared by William A. Morgan 
November 14,2002 Declaration of Stephen Griles 
February 7,2002 General Accounting Office Testimony re 
Indian Trust Funds Tribal Account Balances: Statement of 
McCoy Williams, Acting Director, Financial Management an( 
Assurance 
January 9, 2002 Emst & Young Five Named Plaintiffs' 
Reconstruction Contract 
04/28/72, U.S. General Accounting Office Report-Increased 
Income Could Be Earned on Indian Trust Monies 
Administered by the Bureau of indian Affairs 
3/11/76, U.S. General Accounting Office Survey of the 
Bureau of Indian Affairs - Accounting System 
(GAO/FGMSD-76- 15) 
2/03/78, U.S. General Accounting Office Report-Department None 
of the Interior System of Recording, Billing and Collecting 
Accounts Receivable (GAOFGMSD-77-66) 
10/07/80, U.S. General Accounting Office Report- 
Inappropriate Use of Indian Trust Fund to Subsidize BIA 
Activities (GAO/GMSD-80-78) 
7/27/82, U.S. General Accounting Office Report-Interiors 
Minerals Management Programs Need Consolidation to 
Improve Accountability and Control (GAO/EMD-82- t04) 
U.S. General Accounting Office Report- Major lmprovements None 
Needed in the Bureau of Indian Affairs Accounting System 
(GAOIAFMD-82-7 I ) dated September 8, 1982 
Page 12 oE 26 
Obiections 
None, provided Exhibit 96 
from Plaintiffs' outline is 
the same document as 
Defendants Exhibit 107. 
If plaintiffs' Exhibit 96 is 
not the same as 
Defendants Exhibit 107, 
Defendants object on the 
grounds of FRE 901 - 
Authentication 
None 
FRE 801 - Hearsay 
None 
None 
None 
None 
None Exhibit # 
PI06 
P107 
PI08 
P109 
P110 
P I 1 1 
P I 12 
31 13 
'1 14 
Obi ections 
~~ 
- 
None 
None 
None 
- 
None 
None 
None 
None 
None 
Description 
U.S. General Accounting Office Report B Interior Should 
Sole Its Royalty Accounting Problems Before Implementing 
New Accounting System (GAO/AFMD-83-43) 
U.S. Department of Interior, Office of Inspector General 
Audit Report B Accounting Controls Over Tribal Trust Funds 
Bureau of Indian Affairs (Report No. C-IA-BIA-24-83) 
September, 1983 
U.S. General Accounting Office Memorandum fkom Acting 
General Counsel Hany Van Clever, Re: Revision and 
Clarification of Accountable Officers = Records Disposition 
Schedules Relating to American Indian Tribes (Control No. 
R.M. 83-52CB-135807-O.M.) June 22,1984 
U.S. Department of Interior, Office of Inspector General 
Audit Report B Review of Individual Indian Money Accounts 
Administered by the Bureau of Indian Affairs' Andarko 
Agency (report No. C-IA-BIA-22-84) March 1, 1985 
U.S. Department of Interior, Office of Inspector General 
Audit Report B Review of Individual Indian Money Accounts 
Administered by the Bureau of Indian Affairs' Pine Ridge 
Agency (Report No. C-IA-BIA-23-84) March 12, 1985 
U.S. Department of Interior, Office of Inspector General 
Audit Reprot B Review of Individual Indian Money Accounts 
Administered by the Bureau of Indian Affairs' Concho 
Agency (report No. C-IA-BIA-22-84(b)) July 17, 1985 
Indian Oil and Gas Royalty Payments: Problems Persist, 
Thirteenth Report by the Committee on Government 
Operations, H.R. Rep. 2 14,99th Cong., 1 st Sess. (1 986) dated 
July 19, 1985 
U.S. Department of Interior, Office of Inspector General 
Audit Reprot B Review of Individual Indian Money Accounts 
Administered by the Bureau of Indian Affairs' Osage Agency 
(Report No. C-IA-BIA-22-84(a)) September 12, 1985 
US. General Accounting Office Report I3 Interior FMFIA: 
Interior's Implementation of the Federal Managers' Financial 
Integrity Act (GA)/RCED-86-25) dated October 3 1, 1985 
Page 13 of 26 Exhibit # Descrintion 
PI 15 
PI 16 
P117 
P118 
P119 
P120 
PI21 
PI22 
P123 
PI24 
US. General Accounting Office - Mineral Revenues Delays 
in Processing and Disbursing Onshore Oil and Gas Bid 
Revenues (GAO/ RCED-86-69) dated March 34, 1986 
U.S. Department of Interior, Office of Inspector General 
Audit Report B Review of Individual Indian Money Accounts 
Administered by Bureau of Indian Affairs (Consolidated 
Report) (Report No. C-IA-BIA-25-84) dated March 31, 1986 
US. General Accounting Office- Indian Royalties: Interior 
Has not Solved Indian Oil and Gas Royalty Payment Problems 
(GAO/IMTEC-86-13) dated March 3 I, 1986 
US. General Accounting Office- Debt Collection Interior's 
Efforts to Collect Delinquent royalties, Fines, and 
Assessments (GAO/ AFMD-87-2 I -BR) 
U.S. General Accounting Office: Mineral Resources Timely 
Processing Can Increase Rent Revenue from Certain Oil/ Gas 
Leases (GAO RCED-87-98) June 18, 1987 
U. S. General Accounting Office Report- Financial 
Management: Bureau of Indian Affairs' Efforts to Iniplement 
New Accounting System (GAO/AFMD-90-60) Dated May 5 , 
1989 
U. S. General Accounting Office Report- Financial 
Management: Bureau of Indian Affairs' Consolidation of 
billing and collection functions (GAO/ AFMD - 89- 75BR) 
-~ - 
Ob iections 
None 
None 
Office 
of Indian 
of 
Affairs dated March 3 1 , 1986 
of General Inspector 
Individual 
the 
Indian Money Accounts 
Audit 
administered 
Report: Review 
by the Burea UI None 
U.S. General Accounting Office: Interior Has Not Solved 
Indian Oil and Gas Royalty Payment Problems 
(GAOIIMTEC-86-13) dated March 3 1, 1986 
None 
None 
None 
~~ 
None 
Arthur Andersen Audil B Tribal and Individual indian Monies None 
Trust Funds Managed by the US. Department of the Interior 
Bureau of Indian Affairs: Financial Statements as of 
September 30, 1988, Together with Report of Independent 
Public Accountants March 23,1989 
None 
None 
Page 14 of 26 ~~ 
Exhibit # 
P125 
P126 
P127 
P128 
P129 
P130 
P131 
P132 
P133 
Obiections 
None 
None 
None 
None 
None 
None 
None 
1 
1 
DescriDtion 
U. S. Department of Interior, Office of Inspector General 
Audit Report B Selected Aspects of Indian Trust Fud 
Activities Bureau of Indian Affairs (Report No. C-LA-BLA- 
17-88) Dated September 29, 1989 
Arthur Andersen Audit B Tribal and Individual Indian Monies None 
Trust Funds Managed by the U. S. Department of the Interior 
Bureau of Indian Affairs: Financial Statements as of 
September 30,1989 and 1988, Together with Report of 
Independent Public Accountants Dated May 1 1, 1990 
U. S. General Accounting Office: Financial Management: 
Bureau of Indian Affairs' Efforts to Implement New 
Accounting System (GAOIAFMD-90-60) Dated May 24, 
1990 
National Archives and Records Administration Evaluation of None 
the Records Administration Evaluation of the Records 
Management Program of the Department of the Interior, 
Bureau of Indian Affairs Dated August 2, 1990 
U. S. Department of Interior, Office of Inspector General 
Audit Report B Bureau of Indian Affairs' Compliance with the 
Federal Managers' Financial Integrity Act of 1982 for Fy 1990 
(Report No. 90- 1-220) 
U. S. General Accounting Office Report B Financial 
Management: Interior's Implementation of the Federal 
Financial System (GAO/AFMD-9 1 -29br) Dated March 6, 
1991) 
U. S . General Accounting Office: Bias' Efforts to Reconcile 
and Audit Indian Trust Funds (GAO/T-AFMD-9 1-2) April 1 1, 
1991 
U. S. General Accounting Office Testimony B Bureau of 
Indian Affairs Efforts to Reconcile, Audit, and Manage the 
Indian Trust Funds (GAO/T-AFMD-9 1-6) 
Memorandum from Deputy Associate Solicitor, Energy and 
Resources to Director, Bureau of Land Management Re: 
Noncontractable Functions under the Indian Self- 
determination Act dated September 9, 199 1 
Page 15 of 26 Exhibit ## 
P134 
P135 
P136 
P137 
P138 
P139 
P140 
P141 
P142 
~~ ~ _ _ ~ 
Description 
U.S. General Accounting Office/ Letter from Jeffrey C. 
Steinhoff, Director, Civil Audits, to Rep. Mike Synar, Re: 
GAGS Views on BIA Efforts to Improve Methods for 
Detecting and Handling Losses of Indian Trust Fund Monies 
(GAO/AFMD-92-3 6R) 
U.S. Department of the Interior, Bureau of Indian Affairs: 
Summary Report of Individual Indian Monies Reconciliation 
Work Performed at Agency Offices- Phase I of Contract No. 
CMK 00 12939 1 dated March, 1992 
U.S. General Accounting Office: Financial Management: BIA 
has Made limited Progress in Reconciling Indian Trust Fund 
Accounts and developing a Strategic Plan (GAO/T-AFMD- 
92-6) dated April 2, 1992 
Misplaced Trust: The Bureau of Indian Affairs' 
Mismanagement of the Indian Trust Fund, Seventeenth Report 
by the Committee on Government Operations (HR 102-499, 
102d Cong., 2d Sess.) dated April 2, 1992 
US. General Accounting Office report- Bureau of Indian 
9ffairs: Longstanding Internal Control Weaknesses Warrant 
Zongressional Attention (GAO/RCED-92- I 18) dated May 8, 
1992) 
J.S. General Accounting Office: Financial Management: BLA 
u s Made limited Progress in Reconciling Trust Accounts and 
ieveloping a Strategic Plan (GAO/AFMD-92-3 8) dated June 
18, 1992 
U.S. General Accounting Office Testimony- Financial 
Management: Problems Affecting BIA Trust Fund Financial 
Management (GAO/T AFMD-92-12) dated July 2, 1992 
U.S. General Accounting Office Testimony- Financial 
Management: Status of BIA's Efforts Resolve Longstanding 
rrust Fund Management Problems (GAO/T AFMD-92- 16) 
lated August 12, 1992 
Federal Systems Integration and Management Center 
iecords Management Study for the Bureau of Indian Affairs 
Page 16 of 26 
~~ 
Obiections 
None 
None 
None 
None 
None 
None 
None 
None 
None Exhibit # 
PI43 
P144 
P145 
PI46 
PI48 
P149 
P150 
_ _ ~ 
P151 
P152 
Obiections 
None 
None 
None 
None 
None 
None 
None 
None 
None 
None 
Description 
U.S. General Accounting Office Letter from Jeffrey c. 
Steinhoff, Director, Civil Audits, to Senator Daniel Inouye Re: 
GAO Views on the Department of the Interior's Proposal to 
Delete Tolling Provision (GAO/ AFMD-93-84R, BIA 
Appropriation Language) dated June 4, 1993 
U.S. General Accounting Office Testimony- Financial 
Management: Status of BIA's Efforts to REkolve 
Longstanding Trust Fund Management Problems (GAO/T 
AFh4D-93-8) dated June 22, 1993. 
US. General Accounting Office- Financial Management: 
Creation of Bureau of Indian Affairs Trust Fund Special 
Projects Team (GAO/T AFMD-93-74) dated September 2 1, 
1993. 
U.S. General Accounting Office- Financial Management: 
BIA's Management of the Indian Trust Funds (GAO/T 
AFMD-93-4) dated September 27, 1993. 
U.S. General Accounting Office Letter RE: BINS Trust Fund 
Loss Policy (GAO/AMD-94-99) dated January 14, 1994 
U. S. General Accounting Office - Financial Management: 
Status of BIA's Efforts to Reconcile Indian Trust Fund 
Accounts and Implement Management Improvements 
(GAO/T-AIMD-94-99) dated April 12, 1994 
US. General Accounting Office Letter RE: BL4 Trust Fund 
Reconciliation and Certification Project (GAO/AIMD-94- 
I IOR) dated April 25, I994 
U.S. General Accounting Office Letter RE: BIA 
Reconciliation Recommendations (GAO/AIMD-94- 1 3 8R) 
dated June, 1994 
U. S. General Accounting Office Testimony0 Financial 
Management: Native American Trust Fund Management 
Reform Legislation(GAO/T- AIMD-94- 174) dated August 1 I, 
1994 
U.S. General Accounting Office Report - Financial 
Management : Focused Leadership and Comprehensive 
Planning Can Improve Interior's Management of Indian Trust 
Funds (GAO/AIMD-94- 185) dated September 22, 1994 
Page 17 of 26 Exhibit # 
PI53 
P154 
P155 
P156 
P157 
P158 
P159 
PI60 
PI61 
P162 
Descrbtion 
US. General Accounting Office - Financial Management : 
Focused Leadership and Comprehensive Planning Can 
Improve Interior's Management of Indian Trust Funds 
(GAO/AIMD-94- 195) dated September 26,1994 
Hearing on the Interior Department's Failure to Correct 
Serious Problems in the Management of the Indian Trust 
Funds dated September 26,1994 
US. General Accounting Office: Financial Management, 
Indian Trust Fund Testimony Q&As (GAO/AIMD- 95-33R) 
dated December 2,1994 
U.S. General Accounting Office : Financial Management, 
Indian Trust Fund Accounts Cannot be Fully Reconciled 
(GAO/T-AIMD-95-94) dated March 8, 1995 
U.S. Department of the Interior, Individual Indian Money 
Related Systems Improvement Project B Tiger Team Report 
dated August, 1995 
U.S. General Accounting Office: Interior's CFO Act 
Implementation (GAO/AIMD-95-23 1R) dated September 29, 
1995 
U.S. Department of the Interior, Bureau of Indian Affairs 
Tribal Trust Funds Reconciliation Project Agreed- Upon 
Procedures and Findings Report for July 12, I972 through 
September 30, 1992 (prepared by Arthur Andersen. Conkact 
No. CMKOO 129395) 
U.S. General Accounting Office: Financial Management: 
BIA's Tribal Trust Fund Account Reconciliation Results 
(GAO/AIMD-96-63) dated May 3, 1996 
US. General Accounting Office: Financial Management: 
htetior's Efforts to Reconcile Indian Trust Fund Accounts 
and Implement Management Improvements (GAOR-AIMD- 
36- I 1 I) dated June 1 1, 1996 
0 b i ections 
None 
None 
None 
None 
1 None 
None 
None 
None LJS. General Accounting Offce: Financial Management: 
[nterior's Management of the Indian Trust Funds 
:GAO/TOAIMD-96-111) dated June 18, 1996 Exhibit # Description 
P163 
P164 
P165 
Pi66 
P167 
P168 
?169 
'170 
'171 
Obiections 
None U.S. Department of Interior, Office of Inspector General 
Audit Report- Statement of Assets and Trust Fund Balances 
at September 30, 1995, of the Trust Funds Managed by the 
Office of Trust Funds Management, Bureau of Indian Affairs 
(Report No. 97-1- 196) dated December 30, 1996 
US. General Accounting Office: Land Management Systems- None 
BLM Faces Risks in Completing the Automated Land and 
Mineral Record System (GAO/ALMD-97-42) dated March 
19,1997 
US. Department of Interior, Office of the Special Trustee for None 
American Indians- Needs Analysis Project Final Report dated 
April 7,1997 
None 0411 1/97 Office of the Special Trustee for American Indians: 
Strategic Plan to Implement the Reforms Required by the 
American Indian Trust Fund Management Reform Act of 
1994 (Department of the Interior) 
None 07/11/97, Memorandum to Honorable Bruce Babbitt, 
Secretaty of the Interior, &om Paul M. Woman, Special 
Trustee for American Indians regarding Strategic Plan 
Alternatives & CosUBenefit Analysis, dated July 1 I, 1997 
None 07/30/1997, U.S. General Accounting Office: Financial 
Management: Indian Trust Fund Strategic Plan (GAO/T- 
AMD-97- 138) 
None 01/21/98, US. Department of Interior, Office of Inspector 
General Audit Report- Financial Statement for FY 1996 for the 
Office of the Special Trustee for American Indians Tribal, 
Individual Indian Monies, and Other Special Trust Funds 
managed by the Office of Trust Funds Management (Report 
NO. 98-1-206) 
0511 5/98, US. General Accounting Office: Land management None 
Systems- Action Needed in Completing the Automated Land 
and Mineral Record System Development (GAO/AIMD-98- 
107) I 
1 
Vone 06/00/98 U.S. Department of Interior, Office of the Special 
Trustee: Trust Management Improvement Project: Internal 
Controls Plan 
Page 19 of 26 Exhibit # 
P172 
Pi73 
P174 
PI75 
PI76 
PI77 
P178 
P179 
P180 
Obiections 
None 
~ ~ 
~ 
None 
None 
None 
None 
Deserip tion 
06/23/98, Bureau of Indian Affairs, Office of Trust 
Responsibilities, Division of Real Estate Services-Appraisals: 
Appraisal Handbook 
07/22/98, Memorandum from Daryl White Chief Information None 
Officer, Office of the Secretary of Interior, to Paul Homan, 
Special Trustee for American Indians, Re: Request for 
Surname B High Level Implementation Plan for Trust 
Management Improvements 
_ _ ~ ~- ~ 
07/29/98, U.S. Department of Interior, Office of the Inspector None 
General Audit Report- Indian Probate Process at the Yakama 
and Puget Sound Agencies, Portland Area Office, Bureau of 
Indian Affairs (Report No. 98-1-587) 
~~ ~ ~ ~~ 
09/23/98, US. Department of Interior, Office of Inspector 
General Audit Report B Indian Probate Process at the 
Minnesota Agency, Minneapolis Area Office, Bureau of 
Indian Affairs (Report No. 87-1-672) 
10/08/98, US. Department of Interior, Office of the Inspector None 
General Audit Report B Agricultural Leasing and Grazing 
Activities, Fort Peck Agency, Bureau of Indian Affairs 
(Report No. 98-1-123) 
12/07/98, U.S. Department of Interior, Office of the Inspector None 
General Audit Report- Agricultural Leasing and Grazing 
Activities, Rosebud Agency, Bureau of Indian Affairs (Report 
NO. 99-1-123) 
01/04/99, Kenneth Rossman Report, Re: An Agreed Upon 
Approach to Indian Trust Records Management 
01/00/99, U.S. General Accounting Office B Major 
Management Challenges and Program Risks (GAO/OCG-99- 
9) 
03/26/99 U.S. Department of Interior, Office of Inspector 
General Audit Report B Financial Statements for FY 1997 for 
the Office of the Special Trustee for American Indians Tribal 
and Other Special Trust Funds and Individual Indian Monies 
Trust Funds management by the Office of Trust Funds 
Management (Report No. 99-1-372) 
Page 20 of 26 P181 
PI82 
PI83 
PI84 
P185 
PI86 
P187 
Pi 88 
P189 
PI90 
P191 
Exhibit # Description 
04/28/99 U.S. General Accounting Ofice Report B Indian 
Trust Funds: Interior Lacks Assurance that Trust 
Improvement Plan Will Be Effective (GAO/AIMD-99-53) 
5/96 Report Royalty Policy Subcommittee on Royalty 
Reporting and Production Accounting (mMp041MQDO04) 
09/98 Reengineering Business Processes and Support 
Systems for the 2 1st Century Piloting RMP's Future 
Compliance and Asset Management Process 
(IIMP04/MQW23) 
09/98 RMP Prototype Assessment Department of the Interior 
Minerals Management Service (LIMP04MQD02 I) 
OST/Office of Trust Funds Management Indian Trust Funds 
Accounting Discrepancies Action Plan (IIMP04/MQD045) 
(no date) 
Department of the Interior Office of the Special Trustee for 
American Indians Office of Trust Funds Management 
Summav of Substantive Errors f~ioni Area & Agency Receipt 
& Distribution Testing (LIMP04/Q030D024) (no date) 
Department of the Interior Office of the Special Trustee for 
America Indians Office of Trust Funds Management 
Summary of Substantive Errors ftom Area & Agency Receipt 
& Distribution Testing (IIMP04/030D37) (no date) 
Trust Management lmprovement Project Briefing MMS 
Systems Reengineering (IIMPO4/QOO 1DO83) (no date) 
094 1/98 Minerals Management Service U.S. Department of 
the Interior An Engineering Review of the MMS/RMP 
Business Process Reengineering Initiative and Support 
Systems for the 21st Century [Contact: 1435-02-P0-29505] 
(UMP04/MQD00 1) 
~ 
Obi ec tio ns 
None 
04/30/99 U.S. General Accounting Office- Land Managemeni None 
Systems: Major Software Does Not Meet BLM'S Business 
Needs (GAOIAIMD-99- 135) 
None 
None 
) 
09/98 Re-engineering Royalty Management Program Busines None 
Processes and Support Systems Financial management 
Recommendations [DRAFT] (IIMP04/MQDO22) 
None 
None 
None 
None 
None 
None 
Page 2 1 o f 26 Exhibit # 
P192 
P193 
P 194 
P195 
P 196 
P197 
P198 
P199 
P200 
P20 1 
P202 
P203 
P204 
Obiections 
None 
None 
None 
None 
None 
None 
None 
None 
None 
None 
None 
I 
Description 
09/09/97 OIL RIK Value and Volume Reporting 
Recommendations by Oil RIK Study Team Minerals 
management Service US. Department of Inteiror 
(IIMP04h4QW 10) 
09/93 The National Performance Review The Minerals 
Management Service Royalty Management Program 
Reinvention Laboratory Report (IIMP04pMQW28) 
06/98 US. Department of the Interior, Indians Minerals 
Steering Committee, Explanation of Payments Redesign 
Team- Final Report (IME'O4/MQQ5DOO 1) 
0 1/98 RMP Alternatives Analysis (IIMPO4/QOO 1 DO20) 
05/98 Summary Implementation Plan, Trust Management 
Improvement Project U.S. Department of the Interior 
(IIMPO4/QOO I D204) 
09/98 Re-engineering Royalty Management Program Business None 
Processes and Support Systems Financial Management 
Recommendations (DRAFT] (IIMPO4MQDO22) 
03/95 Results of the Compliance Action Plan Pilot 
(llMPO4/MQDOO7) 
08/27/98, Office of Trust Funds Management, IIM Data 
Clean Up Project Training Manual, A Team Effort of U.S 
Department of Interior Office of Trust Funds Management 
and Datacom Sciences, Inc. (IlMP04/Q004D020) 
8/98 Survey Results Existing Computers and Sohare Used 
by BIA Probate Administrators for Estate Planning and 
Probate Administration (mMP04/MQ4D065) 
11/7/97 Technology Investment Analysis (TIA) 
(IMP)$/QO 1 OD00 1 ) 
Office of the Special Trusee Electronic Imaging System 
(DIMP04/Q028D148) (No Date) 
1211 9/95 Electronic Certification System, Formats and Notes 
for Mainframe Alternative Data Entry Methods for ECS 
Production PC (IIMP04/Q00 1 1 DO0 I ) 
6/98 Trust Management improvement Project: Internal 
Controls Plan (IIMOP04/Q028D 139) 
Page22of 26 Exhibit # 
P205 
P206 
P207 
P208 
P209 
P210 
P211 
P212 
P213 
Description 
6/26/98 Memorandum to Day1 White from Paul Homan Re: 
Electronic Imaging Project Technology Investment Analysis 
(I1Mp04/Q03 OD04 8) 
Ribbon Committee 
9/30/96 Office of Special Trustee for American Indians 
Office of Trust Funds Management Reportable Condidition 
Compliance Finding and Management Letter Comment 
Worksheet (IIMPO4/Q03 OD022) 
Memorandum to Area Trust Accountants, OTFM. Special 
Projects from Henry Harjo, COR FY 1996 Audit 
(IIMP04/Q030D022) 
3/3/97 Memorandum to Director, Office of Trust Funds 
Management from Deputy Commissioner of Indian Affairs 
[Hilda Manuel] (IIMP04/Q030DO06) 
9/30/96 Office of Special Trust for American Indians Office 
of Trust Funds Management Reportable Condition, 
Compliance Finding and Management Lettcr Comment 
Worksheet [AUDIT] (IIMP04/Q030D028) 
Information Systems, Minerals Management Service (No. 97- 
1 - 1042) (mMP04/MQDO 13) 
9/96 U.S. Department of the Interior Office of Inspector 
General Audit Report, Negotiated Royalty Settlements, 
Minerals Management Service (Report No. 96-1-1 2641 
(IlMP04/QO33D008) 
6/3/96 Memorandum to Chief Financial Officer, Minerals 
Management Service from Neal Littlefield, Director of 
Financial and Territorial Audits (IIMP04/Q033D016) 
Obiections 
None 
6/9/90 Memorandum to Twentieth Anniversary, OK4 Blue Inappropriate identificatior 
Ribbon Committee Members &om Director, Office of of exhibits, Local Rule 
Management Improvement Re: Final Draft Report of the Blue 16.5, FRCP 26(a)(3); 
Reserve the right to 
hrther object upon receipt 
of exhibits 
None 
None 
None 
None 
8/12/97 Memorandum to the Secretary from Wilma A. Lewis, None 
Inspector General Re: Final Audit Report for Your 
Information The Royalty Management Program's Automated 
None 
None 
Page 23 of 26 Exhibit # Description 1 Obiectioas 
P214 8/12/97 Memorandum to the Secretary from Wilma A. Lewis, 
Inspector General re: Final Audit Report for Your Information 
The Royalty Management Programs Automated Information 
Systems, Minerals Management Service (No. 97-1- 1042) 
(IIMp04/Q03 3 DO 1 2) 
P215 12/98 Department of Interior, Trust Management 
Improvement Project -High Level Implementation Plan 
Inappropriate identification 
of exhibits, Local Rule 
16.5, FRCP 26(a)(3); 
Reserve the right to 
hrther object upon receipt 
of exhibits 
P216 7/11/1997 Memo Re: Strategic Plan Alternatives & 
CostBenefit Analysis From: Paul Homan to Bruce Babbitt 
(IIMPO4/QOO 1 D 130) ""I 7/31/1998 Memo Re: HLIP, fiom Secretary to Trust 
Management Improvement Steering Committee 
(IIMPO4/QOO 1 D 1 32) 
None Comptroller General/ GAO Report to the Subcommittee on 
Indian Affairs: Increased Income Could be Earned on 
Indian Trust Monies Administered by the Bureau of Indian 
Affairs (April 28, 1972) 
None Letter fiom GAO Director of Bureau of Land Management 
Re: Survey of the Bureau of Land Management's Accounting 
I of System 
Affairs, 
GAO 
System 
Survey 
(April 
Department 
of 
8, 
Accounting 
1975) 
of the Interior (March 
the Bureau 
1976) 
of Indian None 
I GAO Letter to the Secretary (Feb. 3, 1978) None 
I 
Comptroller General / GAO Report to the Congress: Oil and 
Gas Royalty Collections - Serious Financial Management 
Problems Need Congressional Attention (Apr. 13, 1979) 
I GAO Letter to the Secretary (Oct. 2, 1980) I I 
P217 
P218 
P219 
p220 
'221 
'222 
'223 
'224 Comptroller General / GAO Report to the Congress: 
Inappropriate Use of Indian Trust Fund to Subsidize B1A , 
Activities (Oct. 7, 1980) 1 
Page 24 of 26 ~~ 
Exhibit # Description 
P225 
P226 
P227 
P228 
P229 
P230 
P23 1 
P232 
P233 
P234 
P23 5 
P236 
P237 
P23 8 
GAO Report to the Secretary: Interior's Minerals 
Management Programs Need Consolidation to Improve 
Accountability and Control (July 27, 1982) 
Comptroller General Letter to the Secretary (Aug. 16,1982) 
Comptroller General/ GAO Report to Congress: Major 
Improvements Needed in the Bureau of Indian AHairs' 
Accounting System (Sept. 8, 1982) 
Comptroller General Letter to Chairman, Subcommittee on 
Oversight and Investigations, Committee on Interior and 
Insular Affairs, House of Representatives (Oct. 18,1982) 
GAO Report to the Secretary: Interior Should Solve its 
Royalty Accounting Problems Before Implementing New 
Accounting System (Jan. 27, 1983) 
GAO Letter to the Secretary (Sept. 6, 1983) 
Comptroller General Letter and Report (Dec. 14, 1956) 
Comptroller Report/ GAO Report to the Congress of the 
United States, Need for Improvements in the Management 
ofMoneys Held in Trust for Indians. (March 1966) 
U.S. Senate Select Committee on lndian Affairs Hearing on 
Federal Supervision oj'Oil and Gas Leases on Indian 
Lands, Part 1, February 27,1981 (Billings Montana) 
U S . Senate Select Committee on Indian Affairs Hearing on 
Federal Supervision of Oil and Gas Leases on Indian 
Lands, Part 2, April 6, 198 1 (Billings Montana) 
U.S. Senate Select Committee on Indian Affairs Hearing on 
Federal Supervision of Oil and Gas Leases on Indian 
Lands, Part 3, June 1, 198 1 (Billings Montana) 
Testimony in Hearings Before a Subcommittee of the 
Committee on Appropriations, House of Representatives (98 th 
Cong., 2d Sessions.) 
Now It Can Be Told, American Live, 1928. 
Ob iectio us 
None 
None 
None 
None 
None 
None 
Audit by Comptroller General Regarding BIA's Administration None 
of Individual Indian Moneys (Nov. 1995) 
None 
None 
None 
None 
None 
None 
None 
Page25of 26 P239 
P240 
~~ ~ ~~ ____ - 
Wassaja A. National Newspaper of Indian America, Suit 
Charges BIA Misappropriates Indian Funds, American 
Indian Historical Society, Vo. 6 No. 11 (Dec. 1978) 
Article by John Aloysius Farrell, The New Indian Wars- 
Empty Promises Misplaced Trust, Empire Magazine, Denver 
Post, (Nov. 20, 1983) 
Page26of 26 
Obiections 
None 
None Cobell v. Norton: Defendants' Objections to Plaintiffs' Deposition Transcript 
Designations in Plaintiffs' Pretrial Statement 
, I 
Fed. R. Civ. P. 26(a)(3)(A) (not a trial witness) 
I 
Deposition Designated 
by Plain tiffs 
Donna Erwin 
December 20,2002 
Donna Erwin 
February 12-13,2003 
J. Steven Griles 
November 19,2002 
James Cason 
November 5,2002 
Ross Swimmer 
November 20,2002 L 
6 Michele Singer 
March 2002 [sic] 
7 Bert Edwards 
December 18,2002 
lames Pauli 
December 19-20,2002 
David Lasater 
4pril9,2002 [sic] 
]avid Lasater 
Harch 12, 2002 [sic] q * i 
Alan Newell 
March 20, 2002 [sic] 
Edward Angel 
March 17,2002 [sic] 
June 11,2001 
I Objections under Fed. R. Civ. P. 26(a)(3)(A) 
and Fed. R Civ. P. 32(a)' 
Fed. R. Civ. P. 26(a)(3)(A) (not a trial witness) 
I 
Fed. R. Civ. P. 26(a)(3)(A) (not a plaintiffs' trial witness) 
Fed. R. Civ. P. 26(a)(3)(A) (not a trial witness) 
Fed. R. Civ. P. 26(a)(3)(A) (not a plaintiffs' trial witness); 
Fed. R. Civ. P. 32(a) 
Fed. R. Civ. P. 26(a)(3)(A) (not a plaintiffs' trial witness); 
Fed. R. Civ. P. 32(a) 
Fed. R. Civ. P. 26(a)(3)(A) (not a plaintiffs' trial witness); 
Fed. R. Civ. P. 32(a) 
Fed. R. Civ. P. 26(a)(3)(A) (not a plaintiffs' trial witness); 
Fed. R. Civ. P. 32(a) 
Fed. R. Civ. P. 26(a)(3)(A) (not a plaintiffs' trial witness); 
Fed. R. Civ. P. 32(a) 
Fed. R. Civ. P. 26(a)(3)(A) (not a trial witness); 
Fed. R. Civ. P. 32(a) 
- 1 - 
Defs' Objections to Pretrial 
SU~II~SS~OIIS of Plaintiffs 
Exhibit D 14 
No. Deposition Designated 
by Plaintiffs 
Dominic Nessi 
June 14,2002 [sic] 
Johncurran 
June 13,2001 
Norman Leon Thornton 
June 14,2001 
Dominic Nessi 
August 8,2001 
15 
16 
17 
subject deposition testimony into evidence at trial. 
1. Defendants expressly reserve all other objections. 
On the basis of the objections listed above, Plaintiffs should be precluded from offering the 
Objections under Fed. R. Civ. P. 26(a)(3)(A) 
and Fed. R Civ. P. 32(a)' 
Fed. R. Civ. P. 26(a)(3)(A) (not a trial witness); 
Fed. R. Civ. P. 26(a)(3)(A) (not a trial witness); 
Fed. R. Civ. P. 32(a) 
Fed. R. Civ. P. 26(a)(3)(A) (not a trial witness) 
Fed. R. Civ. P. 32(a) 
Fed. R. Civ. P. 26(a)(3)(A) (not a trial witness) 
- 2 -