<< COB00001 >> UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBiA ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) 1:96CV01285 (RCL) ) ) GALE NORTON, Secretary of the Interior, et al., ) ) Defendants. ) ) DEFENDANTS' MOTION FOR LEAVE TO FILE MOTION TO STAY ALL PROCEEDiNGS AND REOUEST FOR EXPEDITED CONSIDERATION Defendants hereby move for leave to file a motion to stay all proceedings in connection with plaintiffs' allegation that defendants violated the Court's anti-retaliation order with respect to Mona Infield. The stay defendants seek would include a stay of nine depositions of current and former Department of Interior ("DOI") employees. Defendants' proposed motion for a stay is attached hereto as Exhibit A. Defendants also seek expedited consideration of both this motion and the proposed motion to stay due to the imminently scheduled depositions. MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION Defendants are moving for leave to file a motion to stay proceedings — instead of filing such a motion outright — because prior counsel for defendants agreed with counse] for plaintiffs that defendants would not file a motion for a protective order with respect to these depositions in exchange for a one- week postponement in the deposition schedule. Since reaching that agreement, however, defendants << COB00002 >> have filed their Motion to Discharge the September 17, 2002 Order to Show Cause for Civil Contempt and for Entry of an Order of Full Relief (hereinafter, "Motion to Discharge"), which commits defendants to an order requiring them to provide Mona Infield all the relief required by the Court's September 17, 2002 Memorandum and Order. Because the Motion to Discharge provides full relief in connection with the Mona Infield contempt matter, defendants hereby seek leave to move for a stay of all proceedings in this matter — including all discovery, notwithstanding counsels' prior agreement — until the Court has an opportunity to address the Motion to Discharge. Such a stay would serve the interests of justice as well as judicial economy because there is now no purpose in proceeding with discovery or trial. BACKGROUND On September 17, 2002, the Court granted Plaintiffs Motion to Renew Plaintiffs Motion for an Order to Show Cause Why Defendants and Their Employees and Counsel Should Not Be Held in Contempt And For Sanctions For Violating The Anti-Retaliation Order (August 15, 2000). The Court found that the settlement offer made to Ms. Infield on May 1, 2002 failed to offer her complete relicf in two respects: first, DOI had not sufficiently committed itself to placing Ms. Infield in a permanent position; and second, DOI had not offered to pay reasonable attorneys fees and expenses to both Ms. Infield and the class plaintiffs. Cobell v. Norton, No. 96-1285, 2002 WL 31060154, at *2 (D.D.C., Sept. 17, 2002). As a result of these findings, the Court issued an ordcr to show cause and set trial on the Mona Infield contempt matter for December 18. 2002. Id. at *3•I On February 12, 2002, defendants filed a motion for a protective order on the limited ground that plaintiff was not entitled to take the depositions of Ms. Maddox and Mr. Nessi because such -2- << COB00003 >> On October 4, 2002, plaintiffs served nine deposition notices, beginning with the deposition of Assistant Secretary McCaleb on October 14 (a federal holiday), and concluding with the deposition of Secretary Norton on November 1. The notices of deposition specify' that the depositions are to be taken in preparation for the December 18, 2002 contempt trial.2 On October 10, Assistant United States Attorney Craig Lawrence, on behalf of the defendants, contacted Dennis Gingold, counsel for plaintiffs and Ms. Infield, by telephone to request that the deposition of Assistant Secretary McCaleb be rescheduled to October 28. Mr. Gingold rejected that request, but he agreed to reschedule Assistant Secretary MeCaleb's deposition to October21 and to move back the other eight noticed depositions by approximately one week, with the exact schedule to be determined depending on the availability of the witnesses and counsel. Mr. Gingold stated, however, that he would not push back the depositions by one week just to allow defendants to move for a protective order. Mr. Lawrence agreed that defendants would not move for a protective order with respect to the noticed depositions. On October 18, defendants moved to discharge the Order to Show Cause on the ground that they are committing to full relief for Ms. Infield. Defendants are submitting this discovery-related motion for disposition by the Court, rather than the Special Master- discovery was not relevant to the issue that was then before the Court — whether the Court should issue an order to show cause on the Mona Infield matter. On September 30, 2002, the Court denied this motion, and allowed plaintiff to take discovery, "because an order to show cause ha[d] been issued regarding this matter" on September 17, 2002. This decision has no bearing on the stay motion that defendants now seek leave to file. 2 Deposition notices were issued for Assistant Secretary of the Interior Neal MeCaleb (for October 14, 2002), Deborah Maddox (October 15), Dominic Nessi (October 16), Terry Steele (October 17), Donald Scott Harris (October 18), Ken Russell (October 21), Ken Paquin (October 22), Karen Chicharello (October 23), and Secretary Norton (INovember I). These deposition notices are attached to Defendants' proposed Motion to Stay All Proceedings as Exhibit 1. -3- << COB00004 >> Monitor, in accordance with the letter from Special Master-Monitor, dated September 24, 2002, which is attached as Exhibit B hereto. ARGUMENT The Court should permit defendants to move for a stay of all proceedings, including discovery, in the Mona Infield contempt matter in order to give the Court the opportunity to consider whether the depositions should go forward in light of defendants' Motion to Discharge. At this time, defendants are not directly filing their motion for a stay because, as explained above, they previously agreed not to move for a protective order. Defendants acknowledge that they are seeking relief from an agreement into which they entered only a week ago. Nevertheless, defendants' subsequent undertaking to cure the two remaining defects that the Court had identi fled in defendants' May 1, 2002 offer of relief to Mona Infield warrants the Court's consideration of defendants' proposed Motion to Stay Proceedings. To go forward with discovery and trial under these circumstances would elevate procedural form over substantive relief. Accordingly, the Court should consider defendants' motion for a stay until the Court reaches the merits of defendants' Motion to Discharge. The Federal Rules of Civil Procedure are to "be construed and administered to secure the just, speedy, and inexpensive determination of every action." Fed. R. Civ. P. 1. The agreement that the parties have reached cannot be considered binding on the Court so as to prohibit it from exercising its own inherent authority. Given that a stay of the proceedings while the Court rules on the pending Motion to Discharge will produce the greatest "economy of time and effort for itself, for counsel, and for litigants," Landis v. North American Co., 299 U.S. 248, 254 (1936), the Court should consider such a stay. -4- << COB00005 >> Discovcry on the Mona infield contempt matter — the sole subject at issue in the pending notices of deposition — should be deferred because it would serve no purpose and would unnecessarily increase the costs of litigation. If the Court grants the Motion to Discharge, a stay of discovery will have been fully vindicated. For this reason, defendants are moving on an expedited basis. On the other hand, even in the event that the Court denies the Motion to Discharge, plaintiffs and Ms. Infield will not be harmed because there will be an opportunity to pursue discovery after the stay is lifted. As set forth in defendants' Motion to Discharge, defendants' presentation of fill relief to Mona Infield moots the pending Order to Show Cause. See Motion to Discharge, part I. Therefore, the oral agreement between thc parties cannot operate to keep this contempt proceeding alive now that defendants have undertaken to provide full relief to Mona Infield. Sec Arizonans for Official English v. Arizona, 520 U.S. 43, 68 n.23 (1997) ("it is the duty of counsel to bring to the federal tribunal's attention, 'without delay,' facts that may raise a question of mootness... . Nor is a change in circumstances bearing on the vitality of a case a matter opposing counsel may withhold from a federal court based on counsels' agreement that the case should proceed to judgment and not be treated as moot.") (citations omitted) (emphasis in original).3 Accordingly, the Court should expeditiously consider staying the proceedings in connection with the Mona Infield contempt matter, including the upcoming depositions, until it rules on the Motion to Discharge. ~ In United States v. Baroid Con,., 130 F. Supp.2d 101 (D.D.C. 2001) (Lamberth, J.), the Court round that changed circumstances were insufficient to permit an order modifying a consent decree sought by the United States and an interested third-party. Chief among numerous factors distinguishing that case from this is that the parties seeking to modify the Consent Decree in Baroid, including the United States, were not offering full relief to the other parties to the Consent Decree. -5- << COB00006 >> CONCLUSION For the reasons set forth herein, the Court should grant leave for defendants to file the attached Motion to Stay All Proceedings and consider such motion on an expedited basis. Respectfiully submitted, Dated: October 18, 2002 ROBERT D. McCALLUM, JR. Assistant Attorney General ROSCOE C. HOWARD, JR. United States Attorney JENNIF R R. RIVERA (Va. Bar No. 29281) Acting Director Federal Programs Branch ENRY . AR, JR. .C. Bar No. 417249) Acting Assist nt Director Federal Programs Branch SCOTT H. PARK (Cal. Bar No. 124121) ROBERT S. LIBMAN (D.C. Bar No. 426462) JONATHAN B. NEW (N.Y. Bar) U.S. Department of Justice Civil Division Federal Programs Branch, Room 904 P.O. Box 883 Washington, DC 20044 Telephone: (202) 514-4964 Attorneys for Defendants -6- << COB00007 >> CERTIFICATE OF COUNSEL PURSUANT TO LOCAL CIVIL RULE 7.1 (in) I, Stuart Licht and Henry A. Azar, Jr., both of the Civil Division, United States Department of Justice, counsel for defendants, spoke with Dennis Gingold and Mark Brown, counsel for plaintiffs, on Thursday. October 17, 2002. I described the basis of defendants' planned motion for leave to file a motion for a stay of proceedings. Mr. Gingold indicated that plaintiffs would oppose the motion. << COB00008 >> EXHIBIT A << COB00009 >> UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOTJISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) l:96CV01285 (RCL) ) ) GALE NORTON, Secretary of the Interior, et al., ) ) Defendants. ) ) DEFENDANTS' MOTION TO STAY ALL PROCEEDINGS Pursuant to Rule 26(c), Fed. R. Civ. P., and the Court's inherent authority to control its docket, defendants seek to stay proceedings in connection with plaintiffs' allegations that defendants violated the Court's May 21, 1999 Order with respect to Mona Infield. This motion to stay is made on the grounds that defendants have filed a Motion to Discharge the September 17, 2002 Order to Show Cause for Civil Contempt and for Entry of an Order of Full Relief ("Motion to Discharge"), which provides for full relief to Ms. Infield. MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION Plaintiffs have noticed nine depositions relating to the Mona Infield matter, including depositions of Secretary Gale Norton and Assistant Secretary Neal McCaleb. The first deposition, of Assistant Secretary McCaleb, is scheduled for October 21, 2002. Additional discovery may be forthcoming. Now that the Department of Interior has committed to providing full relief to Ms. Infield, including payment of reasonable attorney's fees to her and the class plaintiffs, discovery is unnecessary and would serve no purpose other than to compound the attorney's fees that the Department of Interior has already agreed to pay in its Proposed Order of Full Relief. << COB00010 >> BACKGROUND A. Procedural History This matter arises out of plaintiffs' August 15, 2000 Motion for Order to Show Cause Why Defendants and Their Employees and Counsel Should Not Be Held in Contempt and for Sanctions for Violating the Anti-Retaliation Order. Plaintiffs contended that defendants violated the Court's May 21, 1999 Order by retaliating against Ms. Infield after she executed affidavits supporting the plaintiffs' positions in this case. The defendants opposed plaintiffs' motion, and the matter was referred to the Special Master, who issued a report and recommendation on February 21, 2001. After additional briefing by the parties in response to the report and recommendation of the Special Master, the Court denied the plaintiffs' motion without prejudice by Order of March 29, 2002, finding no basis for civil contempt since the Department of Interior had offered Ms. Infield a permanent position in Albuquerque and agreed to pay reasonable attorneys' fees. On May 9, 2002, plaintiffs filed a motion to renew their motion for an order to show cause, arguing that two assumptions made by the Court in its March 29, 2002 Order were incorrect. The Court subsequently ordered defendants to file documents regarding the pending settlement offer to Ms. Infield. The defendants did so on June 20, 2002, filing copies of settlement offers that had been made to Ms. Infield in an effort to resolve this dispute. ~ Notice of Filing (June 20, 2002). Those materials included settlement offers made by defendants to Ms. Infield's attorney, as well as offers to the Office of Special Counsel to resolve the administrative complaint filed by Ms. Infield. In particular, that package included a May 1, 2002 settlement offer that proposed to place Ms. infield into the position of a Supervisory Computer Specialist in the Division of Information Resources Management in Albuquerque (Notice of Filing, Attachment (fourth page)). -2- << COB00011 >> On September 17, 2002, the Court granted plaintiffs' renewed motion for an order to show cause upon concluding that two assumptions underlying its March 29, 2002 Order were incorrect. First, the Court said that although the May 1, 2002 settlement offer stated that DO! would assign Ms. Infield to the permanent position of Supervisory Computer Specialist, the Department "cannot represent that it currently does not have plans to eliminate the position." Cobell v. Norton, 2002 WL 31060154, at * 2 (D.D.C., Sept. 17, 2002). The Court noted that the settlement offer provided that the position offered to Ms. Infield "may be outsourced or otherwise contracted to nan-Federal entities at some time in the future" and that the position "is subject to transfer of function" and "may be transferred to an office.. . outside of NA." ~. Second, the Court stated that although defendants offered to pay Infield her expenses and attorney's fees, they "[had] not made any such offer to plaintiffs in this action." Id. at * 3. The Court scheduled a civil contempt trial for December 18, 2002. Id. In light of its September 17, 2002 Memorandum and Order, the Court entered a subsequent Order on September 30, 2002, denying defendants' February 12, 2001 Motion for Protective Order Precluding Discovery Relating to Claims of Retaliation by Mona Infield and Immediate Stay of Depositions. On or about October 4, 2002, plaintiffs issued deposition notices for Assistant Secretary of the Interior Neal McCaleb (for October 14, 2002), Deborah Maddox (October 15), Dominic Nessi (October 16), Terry Steele (October 17), Donald Scott Harris (October 18), Ken Russell (October 21), Ken Paquin (October 22), Karen Chicharello (October 23), and Secretary Norton (November 1). The depositions notices are attached at Exhibit I hereto. -3- << COB00012 >> B. The Deuartment of Interiorts Pronosed Order of Full Relief to Ms. Infield The relief proposed in defendants' Motion to Discharge the September 17, 2002 Order to Show Cause cures the two deficiencies noted by the Court in its September 17, 2002 Order. First1 in accordance with the language used by the Court, DOI has represented that DOI will place Ms. Infield in a specific Supervisory Computer Specialist position which it does not plan to eliminate, outsource, or otherwise contract to non-federal sources, or to transfer its functions. Declaration of James McDivitt, Deputy Assistant Secretary of Interior for Indian Affairs, ΆΆ 2-3. Further, DOI has committed that the position will remain in effect at least through September 30, 2004, subject to the availability of appropriated funds. 14. ~ 3. Second, the Proposed Order submitted with defendants' Motion to Discharge provides for DOI to pay reasonable attome~s fees and expenses both to Ms. Infield and to the class plaintiffs. The order further provides that the amount of fees and expenses shall be resolved by the Special Master or the Court. ARGUMENT GIVEN THE MAKE-WHOLE RELIEF THAT DEFENDANTS HAVE COMMITTED TO PROVIDING MS. INFIELD, THE COURT SHOULD ENTER A STAY OF PROCEEDINGS, INCLUDING DISCOVERY Federal Rule of Civil Procedure 26(c) authorizes this Court to enter a protective order precluding depositions from taking place upon a showing of"good cause." Good cause exists when justice requires the protection of a party or person from "annoyance, embarrassment, oppression, or undue burden or expense." Id. As demonstrated below, good cause exists to preclude the depositions recently noticed by plaintiffs. -4- << COB00013 >> Because defendants have committed to providing relief that cures the two deficiencies noted by the Court in its September 17, 2002 Order, the Court should issue a stay of all proceedings in connection with the Mona Infield contempt matter, including a stay of the nine noticed depositions. The Court's "power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants. How this can best be done calls for the exercise of judgment, which must weigh competing interests and maintain an even balance." Landis v. North American Co., 299 U.S. 248, 254 (1936). Likewise, federal courts have broad discretion to control the scope and timing of discovery and to issue orders staying discovery. See Degen v. United States, 517 U.S. 820, 826 (1996) (a district court has the authority to "manage discovery in a civil suit, including the power to enter protective orders limiting discovery as the interests ofjustice require"); Herbert v. Lando, 441 U.S. 153, 177 (1979) (district courts should exercise "appropriate control" over the discovery process to restrict unnecessary discovery). By way of analogy, courts have often exercised such discretion to stay discovery where a dispositive motion is pending. See United Presbyterian Church v. Reagan, 738 F.2d 1375, 1382-83 (D.C. Cir. 1984) (affirming district court's order precluding discovery pending determination as to whether case or controversy existed); Chagnon v. Bell, 642 F.2d 1248, 1266 (D.C. Cir. 1980) (affirming district court's stay of discovery pending determination of defendant's dispositive motion regarding immunity defense); Brennan v. Local Union No. 639, 494 F.2d 1092, 1100 (D.C. Cir. 1974) (affirming district court's entry of a protective order pending resolution of motion for summary judgment); see also Patterson v. United States Postal Service, 901 F.2d 927, 929 (11th Cir. 1990) (district court did not abuse discretion in entering protective order prohibiting discovery pending -5- << COB00014 >> determination of motion to dismiss or for summary judgment); Petrus v. Bowen, 833 F.2d 581, 583 (5th Cir. 1987) ("A trial court has broad discretion and inherent power to stay discovery until preliminary questions that may dispose of the case are determined."); Sprague v. Brook, 149 F.R.D. 575, 578 (N.D. III. 1993) (discovery stayed where factual information was not relevant to legal issue raised in defendant's motion to dismiss and result of such discovery would be cost and inconvenience to defendant). While these cases typically arise in the context of a pending motion to dismiss where the court is addressing legal issues that are case-dispositive, the defendants' proposed Order of relief submitted with its Motion to Discharge the pending Order to Show Cause effectively disposes of the basis for a contempt trial. Much like a dispositive motion to dismiss, there is no basis for factual discovery, or for the scheduled trial itself, pending a ruling on defendants' Motion to Discharge. Indeed, the Motion to Discharge provides a particularly powerful context for a stay because, unlike motions to dismiss, it provides for full relief to the opposing party. Defendants have removed the deficiencies identified by the Court in its September 17, 2002 order, thereby fully addressing the remedial purposes of civil contempt. There is no reason for the plaintiffs to proceed with depositions, or for the parties to proceed to trial. CONCLUSION For the foregoing reasons, defendants' motion to stay proceedings should be granted. Respectfully submitted, ROBERT D. MCCALLUM, JR. Assistant Attorney General ROSCOE C. HOWARD, JR. United States Attorney -6- << COB00015 >> ~. ~A4- JENNIFER R. RIVERA (Va. Bar No. 29281) Acting Branch Director ENRYA. AR, .( .C. arNo.417249) Acting Assistant Branch Director SCOTT H. PARK (Cal. BarNo. 124121) ROBERT S. UBMAN (D.C. Bar No. 426462) U.S. Department of Justice Civil Division Federal Programs Branch1 Room 904 P.O. Box 883 Washington, DC 20044 Telephone: (202) 514-4964 Attorneys for Defendants CERTIFICATE OF COUNSEL PURSUANT TO LOCAL CIVIL RULE 7.1(m) Stuart Licht and I, both of the Civil Division of the United States Department of Justice, spoke with Dennis Gingold and Mark Brown, on Tuesday, October 15, 2002. I described the basis of defendants' planned motion for a stay of proceedings or protective order i e that it was based on defendants' commitment to provide full relief to Mona Infield. Mr. Gingold indicated that plaintiffs would oppose a motion to stay or for a protective order. enry -7- << COB00016 >> UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) ) GALE NORTON, Secretary of the Interior, et al., ) Civil Action No. 96-1285 (RCL) ) Defendants. ) ___________________________________________________________________________) QR~ER Upon consideration of Defendantst Motion to Stay Proceedings and plaintiffs' opposition thereto, and pursuant to Fed. R. Civ. P. 26(c) it is hereby ORDERED that Defendantst motion is GRANTED. It is further ORDERED that all proceedings in connection with the Mona Infield contempt proceeding, including all depositions and other discovery, are hereby stayed until further order of the Court. Date: ___________, 2002 ______________________________________ ROYCE C. LAMBERTH United States District Judge << COB00017 >> Copies to: Henry Azar Assistant Director Fvderal Programs Branch Scott H. Park Robert S. Libman U.S. Department of Justice Civil Division, Federal Programs Branch P.O. Box 883 Washington, DC 20044 Dennis M. Gingold 1275 Pennsylvania Avenue, N.W. 9th Floor Washington, DC 20004 Keith Harper Native American Rights Fund 1712 N Street, N.W. Washington, DC 20036-2976 Stephen M. Byers Crowell & Moring 1001 Pennsylvania Ave., NW Washington, DC 20004 B. Michael Rauh Mannatt, Phelps & Phillips 1501 M Street, Suite 700 Washington, DC 20005 Lisa Kern ler Zwerling & Kemler 108 N. Alfred Street Alexandria, VA 22314 John Kenneth Zwerling Zwerling & Kemler 108 N. Alfred Street Alexandria, VA 22314 << COB00018 >> Herbert Fenster McKcnna & Cuneo 1900 K Street, NW Washington, DC 20006 Jefferson Gray Arent Fox Kintner Plotkin & Kahn 1050 Connecticut Ave., NW Washington, DC 20036 << COB00019 >> EXHIBIT 1 << COB00020 >> EN mx UNTI~ED STATES DS~-IC~ COIIP4' ~OR TR~ DISTRICT OF COLTJMBIA • ELOIJISE PEPION' COUEt~L~ ef at, ) ) V. ) .No~1~9~CVOI285 GALE NORTON, S.atta~y c(eze ~nt~r1Or, Def~nd*ait~. N9TI~E OFD~I'Q5~TJON (G~ Nortj~) • To: Mu4E~Na81o • - Asut~tU.S.Afr~y - 555 Pourtb S~oet, NW.. Rocn~ 10-403 WangIim D.C.~00I 2Q251*.S780 (Fm) FLEASE TAKE NOTICE, t~ut on Novexn~r I, 200~ ~ t~ offlce.~ oftIi.~ ~ Amcu~1U~b~ Fnnd, 1712N St, 1{W., W~njt~ DC ZXr3E, rtiffwi~ 14s~tiva ~i1I take th~ &p,~vv of O.1~ Ncti~n in p~p~r~on for bet ~caten~ ~iiJ ~&iled to bcgin on D~t 1~ 2002. This de~,~ibv~ ~ll cornm~ ~ 900 urn. Thi~moriy ~I1 ba r~eoi&4 ~o~c rnca.ns, You are invi1~.d to at~nd arx~ e~an~i~. << COB00021 >> I ~r~ffu1~ ~u~x~jtfr~ OfCowjsel: D~41S M. GUNUOLD t~A Bar No. A17749 JOITh'~ ECHOHAWK MARX KESThR BI~O~4 Na~vAfl1eziC3~RigbtSFtmd p.o. ~ 14464 1506 Bruadi~'y Ws.!b~ngtoz~D.C. 20044-4464 Boulder, CoI9ra~a, 80302 KEITH HARPER EIC. Bax No. 4519~6 NA~w A.m~zican 1712$ Street, N. Wask~ngto~J C.. 20~36-2976 A~nr~ for ~L{rIt~i October 4, 2002 2 << COB00022 >> C~TThtCATE OP S~V1C~ [bc~cbyccrtiI~ that a copy vfth~ ~crcgvixj ~ ofDc?o~Itivn (Gilt Nortn~) wa~ ~crved an the f~lIQ~n4 byU.S. M~ or fa~iu~i]e. p~r~t to &grecment~ o~i ~iz day. ~ 2002. 'JA FACSIMILE Maz~ B. Na~1e As~itanl US. A~~r 555 Fouzth Street, ?LW, Rg,z,m 10-403 Waz~d z~bn, D.C. 20001 2025 14-878o (F3~) VIA FACSIMIL.E 1. Chzistopkr Kohii U.S. ~r~nt ~JUs~co Civil Dii4~cn I10OLS.W.,.R~m 10036 Wazbington, D.C. Z~O05 202 5149163 (Fix) ~AUA MAIL Itsrbsrt Fc~wt~r.E~. MCKLmA&CUX)DO,LJ.? 1~0KEfr.e~NW WIShiIIKtU?2 D.C. 200~ VIA U.S. MAIL lSOlMgt. Sizite 700 W*.hrigt~, DC 2O(~5-I 702 VIA U.S. MAIL Un B. X~m1er, ~ 1C~N Alfred Stxtet A1~zxLia, VA22314 VIA U.S. MAIL Sttph~i M. ~s ~-~U &M~iiLLP 2001 P~ni~'Ivania Ava, NW Ww~hir~tar~ DC 20004 VIA U.S. MAIL Jo~ ~utu~1b Zw~rILng, ~mq. ZW~ing & Ka,mlet, P.C. 1c~N.MEred Sfr~t A1e~L~in, VA~314 3 << COB00023 >> VIA ~5.S. MAIL leffer3on O~y, E~. (Counici fbr ~ Ri~as~11 & ?a~In) Ar~tFv,rKj~r~t T~ctk~n&galxi, PtLC 1050 Co~m~ci~ut Aye, NW WAabi~~o~, DC ~Q~3&5339 Qev~cy R~m~i 4 << COB00024 >> IN TUE UMTED STATES DISTRICT C FOR TUE DISTRICT OF COLUMB ELOU~SE PEPION COBELL, et at, ) ) Plaintiffs, ) ) ) CaseNo.1:96CyO12~5 ~RCL~ GALE NORTON, Secretazy ) or~1cInte~-ior, ) ) D~fendaztt~. ) ) ) NOTICE OF DEPOSITION (Neal McCaleb) To: Mark E.Nagle ssi~tant U.S. Attorney Judicia~y Center Building - 555 Fourth Street, N.W., Room 10-403 Wij~t~ D.C. 20001 - -. 202514-8780(Fax) PLEASE TAKE NOTICE, th~t on October 14, 2002, at the o~ices of the Native American Rights Fund, 1712 N St~, N.W., Washington, DC 20036, plaintiffs in this action ~i!l take th~ de~si~on ofNeal McCaleb in preparation for his contempt trial scheduled to begin on December 18, 2002. This dej~si~on will commence at 9.00 am. Testimony will be recorded by stenographic means. You are invited to attend and exanune. << COB00025 >> Res1e~..tfu1]y subrnitted~ Of Counsel: U~NNS M. GTNGOLD D~C. Bar No.417748 JOHN ECHOHAWK MARX K~SThR DROWN Nad'.'e American Righ~ Fund P.O. Box 14464 1506 Broadway WashingToo, D.C. 20044-4464 Boulder, Colorado 80302 202 661-6380 303-447-8760 KEITH HARPER D.C. Bar No. 451956 Native A.rrieii can Rights Fund 1712 N Street, N.W. Was.hingtori, D.C. 20036-2976 202 785-4166 Attorneys for Plainti ifs October 4, 2002 2 << COB00026 >> CERTIFIC~Q~CE I her ycer-~fy that a copy of the foregoing Notice of Deposition (bleal McCaleb) was served on the following by U.S. Mail or facsimile, pursuant to agreement, on this day, October 4, 2002. VIA FACSIMILE Mark E. Nagle Assistant US. Attorney Judiciary Center Building 555 Fourth Sn-e~t, {W., Room 10-403 Washington, D.C. 20001 202 514-8780 (Fax) VIA FACSI~VflLE J. Christopher Kohn U.S. Department of Justice Civil Division 1100 L Street, N.W., Room 10036 Washington, D.C. 20005 202 514-9163 (Fax) ViA U.S. MAIL Uerbei-t Fenster. Esq. MeKenna & Cuneo, LLP lSO0KStreet.NW Washingt&n. DC. 20006 VTATJS MAIL B. MichaelRauh7 EAq. Manatt, Phelps & ?hillip~s. LLP 1501 MSt. Suite 700 Washington, DC 20005-1702 VIA U.S. MAIL Lisa B. Kernier, Esq. Zwerling & Kernler. RC. 108 N. Alfred Street de'~ndria) VA 22314 VIA U.S. MAIL Stephen M. Bycrs Crowell & Morirtg LLP 1001 Pennsylvania Aye, NW Washington, DC 20004 VIA U.S. MAIL John Kenneth Zwerlirig. Esq. Zwerl.ing & Ketnier, P.C. 108 N. Alfred Street AJexandria, VA 223 14 3 :7,.. (CT-1~—2~02 i~c 514 •97~1 << COB00027 >> VIA U.S. MAIL Jcffer~on Gray, Esq. (Counsel for both Russell & Paquin) Arent Fox Kintner P!otkin & Kahn, PLLC 1050 Connecticut Aye, NW ~ DC 200.36-5339 eoITr~y Rernpel 4 << COB00028 >> TN THE UNITED STATES DIST~Jvr COURT FOR THE DISTRICT OF COLU~IA ELOUISE PEPION COBELL, er aL, ) ) ) V. ) CaseNo.I:96CVa]285 (RCL) GALE NORTON, Secretary ) of d~e Interior, ) ) Defendants. ) ) ) NOTICE QFDEPOSITION (Deborah Maddox) To: MarkE.Nagle Assistant U.S. Attorney Judiciary Center Building 555 Fourth Street NW., Room 10-403 Washington, D.C. 20001 202514-8780(Fax) ..— PLEASE TAKE NOTICE, that on October 15, 2002, at the of~ice~ of the Native American Rights Fund, 1712 N St~ NW., Washington, DC 20036, pIainti~s in this action will take the deposition of Deborah Maddox in preparation for the December .18, 2002 contempt trial of Gale Norton, er a!. This de~osi~on will commence at 9:00 am. Tes~mony will be recorded by stenographic means. You are invited to nttcnd and examine, P.cs << COB00029 >> Respectfully submitted, Of Counsel: DENMS M. GTh~GOLD D.C. Baz No. 417748 JOHN ECNoHAwg MARK KESTER BROWN Native Ainefican Rights Fund p.o. Box 144&~ 1506 Broadway Washingto~~, D.C. 2004-4-4464 Boulder, Colorado 80302 202 661-6380 303-447-8760 KEiTH 1-EA.&PEI<. D.C. Bar No. 451956 Native American Right Fund 1712 N Street, N.W. Washington, D.C. 20036-2976 202 785-4166 Attorneys for Plaintiffs October 4, 2002 2 r~~i0~200~ 1~:i0 202 — << COB00030 >> CERTIFICATE OF SERVICE I hereby certi~y that a copy of the foz-c~oin~ Notice of Diposltion (Deboral~ Maddox) was served on the following by U.S. Mail or fa~.sirmile, pursuant to agreement, on this day, October 4, 2002. VIA FACSIMILE Mark B. Nagle Assistant U.S. Attorney Judiciary Center Duilding 555 ~owtb Strcct, NW., Room 10-403 Washizigtori, D.C. 20001 202 514-8'7S0 (Fax) VIA FACSIMILE 1. Christopher Kohn U.S. ~paitnent of Justice Civil Division 1100 L Street, 'N.W., Room 10036 Washington, D.C. 20005 202 514-9163 (Fax) VIA U.S. MAIL Herbert Fenster; Esq. McKenna & Cunec, LLP 1900 K Street; NW - Washington, D.C. 20006 VIA U.S. MAIL . B Michael Raub, Esq. Manati, Phelps & Phillips, LLP — 1501 MSt. Suite 700 Washington, DC 20005-1702 VIA U.S. MAIL Lisa B. Kemler, Es~. • Zwerling & Kernier, P.C. 108 N. Alfred Street Alexandria, VA 223 14 VIA U.S. MAIL Stephen M. Byers Crowell & Moring LL.P 1001 Pennsylvania Aye, NW Washington, DC 20004 VIA U.S. MAIL John Kenneth Zwerling, Esq Zweding & Kernier, P.C. 10814, Alfred Street Jex~.ndi-ia, VA 22314 3 << COB00031 >> V~A U.S. MAIL JeU&son Gray, Esq. (Counsel for both Russell & Pa~uin) Arent Fox Kintncr Ploticiri & Kahn, PLLC 1050 Con.riec~cut Aye, NW Wa~hingtoci, DC 2003 6-5339 Geotfrey Rernj~i 4 << COB00032 >> IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBiA BLOUISE PEPION COBELL, et al, ) ) PIaintilTh, ) V. ) Case No.1 :96CV01285 ) (RCL~ GALE NORTON, Secretai-v ) of die Interior, ) ) Defendant.~. ) ) ) NOTICE OF DEPOSITION (Dominic Ne~i) To: MaxkE.Nagle AssistanlU.S. Attorney -- -- Judiciary Center Building 555 Fourth S~ee; N.W., Room 10-403 Washington, D.C. 2000t 202 514-~780 (Fax) PLEASE TAKE NOTICE, that on October 16. 2002, at the offices of the Native American Righ~ Pund, 1712 N St, N.W., Washington. DC 20036, plaintiffs in this action will ~ke the deposition of Dominic Nessi in pre~ration for the December iS, 2002 contcmpt trial or GaleNorton, etal This deposition will commence at 9:00 am. Testimony will be recorded by stenographic means. You are invited to attend and examine. << COB00033 >> Respe~tfu1ly ubn~jtted~ x~- ~ Of Counsel: DENNTS M. GINGOLD D.C. Bar No. 417748 JOHN ECHO HAWK MARK KESTER BROWN Native American Rights Fund P.O. Bcoc 14464 1506 Broa4w~y Washington~ D.C. 20044-4464 Boulder, Colorado 80302 202 661-6380 303447-8760 ~ KEITH 1-IARPER D.C. Bar No. 451956 Native American Right Fund l7l2NSzreet, NW. Washington, D.C. 20036-2976 202 785-4166 Attorneys for Plainflffs October- 4, 2002 2 << COB00034 >> CgRTIFICATE OF SERVICE I hereby cert~y that a copy of the foregoing Notice of Deposition (Dominic Nessi) was served on the following by U.S. Mail or facsimile, pursuant to agreement, on this day, Oetober4, 2002. VIA FACSIMILE Mark £. Nagle Assist3nt U.S. Attorney ludiciazy Center Building 555 Fourth Street, N.W., Room 10-403 Washington, D.C. 20001 202 514-8780 (Fax) VIA FACSIMILE 3. Christopher Kohn U.S. Deparb~ent of Jus~ce Civil Division 110OLStreet,~N.W., Room 10036 Washington, D.C. 20005 202 514-9163 (fax) VIA U.S. MAIL Herbert Fenster, Esq. McKenna. & Cunec, LLP I 90G K Street NW Washington,D.C. 20006 VIA U.S. MAIL B. Michael Rauh, Esq. Man~tf, Phelps & Philli~, LLP 1501 MSt. Suite 700 Washington, DC2OCe5-1702 VIA u.S. MAIL Lisa B. Kemler, Esq. Zwerling & Kemler, P.C. 108 N. Alfred Street Alexandria, VA 223 14 VIA U.S. MAIL Stephen M. Byer~ Crowell & Mozing lIP 1001 Pennsylvania Aye, NW Washington, DC 20004 VIA U.S. MAIL John Kenneth Zwerling, Esq. Zwerling & Kemler, P.C. 108 N. Alfred Street Ahxandn; VA 22314 3 << COB00035 >> VIA U.S. MAJL Jefferson Cray Esq. (Counsel for ~th Russell & Paqu.in) Axent Fo~c Kintner Plotkin & Kahn, PLLC 1050 Connecticut Aye, NW Wa hi ngton, DC 20036-5339 Gtoftrey Rern~1 4 << COB00036 >> IN TI-IE UNITED STATES DISTRICT COTJRr FOR THE DISTRICT OF COLU!VtBIA ELCUISE PEPION COBELL, et al., ) ) PI2intiffs~ ) V. ) C3se No.1 :96CV01285 (RCL~ GALE NORTON. Secretary ) of the Interior, ) ) Defendants. ) ) ) NOTICE OF DEPOSITION tTem' Steele~ Tcr MarkE.Nagle Assi~ta~t U.S. Attorney - JudiciayCcnterB~iIdixig~ 555 fourth Stiee; N.W., Room 10-403 Washington, D.C. 20001 -- 202514-8780(Fa'~) PLEASE TAKE NOTICE, that on October 17, 2002, at the ornces of Lhe Native A.rneric.an Rights Fund, 1712 N St. N.W., Washington, DC 20036, plaintiffs in this action will take the dej~~tion of Terry Steele in preparation for the DecemLcr 18, 2002 contempt tx-ial of Gale Norton, eta!. This dt~csition will commence at 9:00 am. Testimony will be recorded by stenographic means. You are invited to attend and exarnzne, << COB00037 >> Respectfully submitted, -~-~- --4~ Of Counsel: DENNIS M. GINGOLD D.C. Bar No. 417748 JOIThI EC~{QHAw~ MARX KESTER BROWN Native American Rights Fund P.O. Box 14464 1506 Broadway Washington, D.C 20044-4464 ~oulder, Colorado 80302 202 661-6380 KEITH HARPER D.C. Bar No. 451956 Na~ve American Rights Fund 1712 N Str~e~, NW. Washington, D C. 20036-2976 202 785-4166 Attorneys for Plaintiffs Octo~r 4, 2002 2 << COB00038 >> CERTIFICATE OF SERVICE 1 hereby certify that a copy of the foregoing Notice of Deposition (Terry Steele) was served on the following by U.S. Mail or facsimile, pursuant to agreement, on this day, October 4, 2002. VIA FACSIMILE Mark E. Nagle Assistant IJ.S. Attorney Judiciaxy Center Building 555 Fourth Sweet, N.W., Room 10-403 Washington, D.C. 20001 202 514-8780 (Fax) VIA FACSIMILE 3. Christopher Kohn US. Dep~ztnent of Juslice Civil Division 1100 L Street, NW., Room 1CX)36 Washington, D.C. 20005 202 514-9163 (Fax) VIA U.S. MAIL Herbert Fenster, Esq. McKenna & Cunea7 LLP 1900 K Street, NW Washingron,D.C.20006 - ...... --......~ -. VIA U.S. MAIL B. Michael RAuh, Esq. Manatt,Phelps&Philli~,LLP 1501 MSt. Suite 700 Washington, DC 20005-1702 VIA U.& MAIL Lisa B. Ken2ler, Esq. Zwerling & Kernier, P.C. 108 N. Alfred Street Alexandzia, VA 22314 VIA U.S. MAIL Stephen M. Dyers Crowell & Monng 1.1? 1001 Pennsylvania Aye, NW Washingti,n, DC 20004 VIA U.S. MAIL John Kenneth Zwerling7 Esq. Zwerling & Keniler, P.C. IOR N. Alfred Street Aiexandxia, VA 22314 3 << COB00039 >> VIA US. MAIL Jefferson Gray, Esq. (Counsel for ~h Russell & Paquin) Arent Fox Kintner Plotkin & Kahn, PLLC 1050 Connecticut Aye, NW Washington, DC 2003&533~ Geo~ey Rernpcl 4 << COB00040 >> IN THE UNITED STATES DISTRICT COURT EOR THE DISThICT OF COLUiVTBL4 ELOUISE PEPION CODELL, et ad., ) ) PlaixttUTs, ) ) V. ) Case No.1 ~96CVO1 285 ~RCL~ CALE NORTON, Secretary ) of the Interior, ) ) Defendants. ) ) NOTICE OF DEPOSITION (Donald Scott Haxris'i To: MarkE.Naglo Assistant U.S. Attorney Judicia.~y Center Building 555 Fourth Street, N.W., Room l0~4O3 Washington, D.C. 20001 - 202 514-8780 (Faz'c) - -P-LEASE.TAKENOTICE,-flutor2 October lS~200Z-atthe offices of the Native American Rights Fund~ 1712 N St, N.W, Washington, DC 20036, plaintiffs in this action v~ilI take the dc~si6on of Donald Scott Harris in preparation for the December18, 2002 contempt trial of Gale Norton, eta!. This deposi~on v~i!1 cornmenc~ at 900 am. Tes~rnony will be recorded by stenographic means. You are invited to attend and exaniine. << COB00041 >> R~s~ctful1v submit-t~d~ 7> CERTIFICATE OF SERVICE I hereby cer~fy that a copy of the foregoing Notice of Deposition (Donald Scott Harris) was served on the following by U.S. Mail or facsimile, pursuant t~ a~reemen, on this day, Octo~r 4, 2002. ViA FACSIMILE Mark E. Nagle Assistant U.S. Attorney Judiciary Center Building 555 Fourth Skeet, N.W., Room 10-403 Washington, D.C. 20001 202 514-8780 (Fax) VIA FACSIMILE 3. Christopher Kohn U.S. De~rtment of Jus~ce Civil Division 1200 L Street, NW., Room 1C036 Washington, DC. 20005 202 514-9163 (Fax) VIA U.S. MAIL Herbert Fenster, Esq. McKenna & Cunco, LLP 1900KStre~NW Washington, D.C. 20006 VIAU.S,MAIL &MichaelRauh,Esq Manan, Phelps & Phillips, LLP 1501 MSt. Suite-700. - -- Washington, DC 20005-1702 VIA U.S. MAIL Lisa B. Kernier, Esq. Zwerling & Kernler P.C. 108 N. Alfred Street Alexandria, VA 223 14 VIA U.S. MAIL Stephen M. Byers Crowell & Moring LLP 1001 Pennsylvania Aye, NW Washington, DC2COO4 VIA U.S. MAIL John Kenneth Zwerhrig, Esq. Zwerli rig & Kemler, P.C. 108 N. Alfred Street Alexandria, VA 223 14 3 << COB00043 >> VIA U.S. MAIL Je~erson Gray~ Esq. (Counsel for both Russell & Paquin) Arent Fox Kintrier Plotldn & Kahn, PLLC 1050 Connecticut Aye, NW Washington, DC 20036-5339 Ceo~ey R~rnpel 4 << COB00044 >> IX~4 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLIWVIBIA ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) 'v. ) CaseNo.I:96CV01285 (RCL) GALE NORTON, Secretary ) of the Interior. ) ) ) ) NOTICE OF DEPOSITION (Ken Russell) To: Mark E>Nagle Assistant U.S. Attorney Judiciary Center Building 55$ Fourth Street, NW., Room :0-403 - Washington, D.C. 20001 202 514-S7g0 (Fax) — - PLEASE TAKE NOTICE. that on October21, 2002,-at alocationto be diP~mined,-~ - plaintiffs in this antion V~iI1 take the deposition of Ken Russell. in preparation for th~ December 18, 2002 contempt triai of Gale Norton, el aL This d6-position vAil commence at 9:00 am. Testimony will be recorded by stenographic means. You are invited to attend and examine. << COB00045 >> ocT—Io—20a2 16:12 - 202 314 8781 37>~ P.2: << COB00046 >> Res~cffuIIy' sub~nitted, / &Coun~el: DENNIS M. GTNCOLD D.C. Bar No. 41.7748 JO~ EC1{ORxwj~ MAP& K.ESTERDROW>~ Na~veArnericanp.igh~pt~d P.O. Box 14464 1506 Broaiiway Washington, D.C. 20C44-4464 Boulder, Colorado 80302 202 661-6380 303-447-8760 ~-~• KEITh HARPER D.C. Ear No. 451956 Nadve American Right Fund 1712 N Street, NW. Washington, D.C. 2C'J36-2976 202 785-4166 Attorneys for PZairi~ffs Octobcr 4, 2002 2 << COB00047 >> CERTTFtCATh OF SERVICE I hereby cer~fy that a copy of the foregoing Notice of Deposition (Ken Russell) was served on the following by U.S. Mail or facsimile, pursuant to agreement, on this day, Octo~~-4, 2002. VIA FACSIMILE Mark E. Nagle Assistant U.S. Attorney Judiciary Center Building 555 Fourth S~-eet, N.W., Room 10-403 Washin~on, D.C. 20001 202 514-8780 (Fax) VIA FACSIMILE J. Ch.ristopher K.ohn U.S. DepaxtnentofJus~ce Civil Division lIQOL Street, N.W., Room 10036 Washington, D.C. 20005 202 514-9163 (Fax) VIA U.S. MAIL Her~ Fenster, Esq. McKenns & Cuneo, LL? 1900 K Street, NW Washington, D.C. 20006 . -. VIAU,S,MAIL B. Mic~lRauh, Es. Manatt, Phelps & Phi lips, LLP ... - I5OIMSe. - Suite 700 Washington, DC 20005-1702 VIA U.S. MAIL Lisa B. Kernier, Esq. Zwerling & Kernier, P.C. 108 N. Alfred Street Alexandria, VA 223 14 VIA U.S. MAIL Stephen M. Byex-s Crowell & Moring LLP 1001 Pennsylva4aAve,NW Washington, DC 20004 VIA U.S. MAIL John Kenneth Zwerling. Esq. Zwerling & Kemler, P.C. 108 N. Alfred Street Alexandria, VA 22314 3 << COB00048 >> VIA U.S. MAIL Je~erson Gray, £~q (Counsel for bcth Russe~1 & Paqu~n) Arcn~ Fox Kintner PIot~n & Kahn, PLLC 1050 Connectic~.rt Aye, NW - Washington, IX 20036-5339 Geoffrey Remp~i 4 2C2 514 ~ << COB00049 >> U'J THE UNITED STATES DISTRJCT COURT FOR THE DISTRICT OF COLUI'vEBLA EbOUISE PEFION CO~ELL, et al., ) ) Plaintiffs, ) ) v. ) Case No.l~96CVO1285 ) (RCL) GALE NORTON, Secretary ) of the Interior, ) ) Defrndants. ) ) ) NOTICE OF DEPOSITION (Ken PapuinT) To: Mark E. Nagle Assistant U.S. Attorney Judiciary Center Building 555 Fourth Street; NW., Room 10-403 - Washington, D.C. 20001 202 514-8780 (Fax) - -. - PLEASE TAKE NOTICE, that on OctcTher 22, 2002, at a location to be determined, plaintiffs in tbis action will t~ik~ the deposi~on of Ken Paquin in prepariltion for the December ig, 2002 contempt tiial of Gale Norton. eta!. Ths deposition will commence at 9:00 ann. Testimony will be recorded by .~±eno~raphic mcans. You are invited Lo attend and examine. << COB00050 >> .Respec~ully submitted, '4> Of Counsel: D~NTS M. CiINOOLD D.C. Bar No. 417748 JO1Th~ ECHOHAWK MARK KESTER BROWS American Rights Fund P.O. Boc 11-464 - 1506 Broadway Wa&hington, D.C. 20C44-4464 Boulder, Colorado 80302 202661 -6380 303-447-8760 KEITH HARPER D.C. BafNo. 451956 ye American Right Fund 1712 N Street, N.W. WashingtOn, D.C. 20036-2976 202 785-4166 Attorneys F5rP1ain~ffS October 4, 2002 2 << COB00051 >> CERTIFICATE OF SERVICE I hereby cer~f that a copy of the foregoing Notice of Deposition (Ken Paquin) was served on the following by U.S. Nfij~ or facsin-Lile, pursuant to agreement, on this day, October 4, 2002. VIA FACSIlvflLE MarkE. Nagle Assistant U.S. Attorney Judiciary Center Building 555 Fourth Sfree~ N.W., Room 10-403 Washington. D.C. 20001 202 514- 87~0 (Fax) VIA FACSINnLE J. Christopher Kahn U.S. Depar~tient of Justice Civil Division 1100 L Street, N.W., Room 10036 Washington, D.C. 20005 202 514-9163 (Fax) VIA U.S. MAIL HerbcrtFenster, Esq. McKen.aa & Cunco, LLR 1900 K Street, NW Washington, D.C. 20006 VIA U.S. MAIL B. Michael Raub, Esq. N{annrt, Phelps &Fhxl1i~ps, LLP 1501 MSt. Suite 700 Washington, DC 20005-1702 VIA U.S. MAIL Lisa B. KernJer, Esq. Zwerling & Kernier, P.C. 108 N. Alfred Street Alexandria, VA 22314 VIA U.S. MAIL Stephen M. Byers Crowell & Moring LLP 1001 Pennsylvania Ave NW Washington, DC 20004 VIA U.S. MAIL John Kenneth Zwerling, Esq. Zwcr1in~ & Kernier, P.C. 108 N. Alfred Street Alexandria, VA 223 14 3 << COB00052 >> VIA US. MAIL Je~erson Gray, Esq. (Counsel for ~th Russeli & Paquin) Arcnt f0( Kn~er Plot~n & Kahn, PLLC lOSOConriectictrtAve,NW - Washington, DC 20036-5J3 c~S~ Geatirey Rem~1 4 << COB00053 >> LN THE T.JN1TEI) STATES DISTRICT COURT FOF( THE DISTRICT OF COLUMBIA ELOIJISF. PEPION COBELL, et a1~ ) ) Plaintiffs, ) ) V. ) Case No.I:96CV01285 ) (RCL) GALE NORTON, Secretary ) of the Interior, ) ) Defendants. ) ) ) NOTICE OF DEPOSITION (Karen Chicharello) To: Mark E.Nagle Assistant U.S. Attorney Judiciazy Center ~ui1ding 555 FourthStreet, NW.7 Room 10-403 - Washington, D.C. 20001 202 514-8780(Fax) .~-. PLEASE TAKE NOTICE, that on Octoler 23, 2002, at a loca~on to be determined, plain~ffs in this action vAil take the deposition of Karen Chicharello in pitparation for the December 18, 2~2 contempt trial of Gale Norton, et aL. This deposi~on will commence at 9:00 am. Testimony will ~ recorded by stenographic means. You are invited to attend and examine. .0 << COB00054 >> << COB00055 >> CERTIFICATh OP SERVICE I hereby certify that a copy of the foregoing Notice of Deposition (lKareri Chicharello) x~s served on the following by U.S. MaH or facsimile, pursuant to agreement, on this day, October 4, 2002. VIA FACSIMILE Mark E. Nagle Assistant U.S. Attorney Judiciary Center Bui [ding 555 Fourth Sfreet, N.W., Room 10-403 Washington, D.C. 20001 202 514-~7~0 (Fax) VIA FACSIMILE J. Christopher Kahn U.S. Department of Justice Civil Division 1100 L Street, N.W., Room 10036 Washington, D.C. 20005 202 514-91G3 (Fax) VIA U.S. MAIL Herbert Fenster, Esq. McKenna & Cuneo, LLP 1900 K Street, NW Washington, D.C. 20006 VIAU.S. MAIL . B.MicharlRauh,Esq. Manatt, F'helps & Phillips, LLP 1501 MSt. Washington, DC 20005-1702 VIA U.S. MAIL Lisa B. Keznler, Esq. Zwerling & Kemler, P.C. 108 N. Alfred Street Alexandria, VA 223 14 VIA U.S. MAIL Stephen M. Byers Crowell & Moring LLP 1001 Pennsylvania Aye, NW Washington. DC 20004. VIA U.S. MAIL John Kenneth Zwerling, Esq. Zwerling & Kernier, P.C. 108 N. Alfred Street Alexandria, VA 223 14 3 << COB00056 >> VIA U.S MAIL Jefferson Gray, Esq. (Counsel for ~cth Russell & Pa~ui n) Arertt Fox Kintncr Plot~n & Kahn, PLLC 1050 Connecticut Aye, NW Washington. DC 20036-5339 Geoffrey R~m~e1 4 << COB00057 >> EXHIBIT B << COB00058 >> Joseph S. Kieffer, III. 420 7~ Street1 N.W. H705 XYashington~ D.C. 20004 (202) 248-9543 Interior Office: (202) 208-4076' Fac~irniLe; (202,) 47~-I9SS Cethilor: (202) 321-6022 September24, 2002 BY ~'ACSrMILE AND flRST CLASS MAIL Sandra P. Spooner ~Ce~th 14a-per, Esqt2ire Deputy Director Native American Rights Fund Commercial Limigat~onBrartch 1712 N Street. N.W. Civil Divts-Lorl Washington, D.C. 200] &2976 P.O. Box 875 ~n Franklin St~rion W~hington, D.C. 20044-0375 Ro: Cobdll at al. v. Norton at aL Civil ActionNo. 1:96 CV 01235 (Judge Laznberth) Dear Counsel: On Scpr.era~r 18, 2002. the Spcc~at Master, Alan Ba]nran, sent to me by latter a m.imbcr of out~tandin~ discovery rnotioa~ ir~1u.d~n~g DcfendSnts' MotiOn for Protective OrQCr Precludfr~g Discovery Relating to Clainis otRetaUatiox~ by Mona Infield and Immediate Stay of Depositions ofDeborah Maddox aM Dominic Nessi~ filod on February 12, 2001. Thes: Were trons~rred to rn~ in ac~ord.ance withihe Ordcr of Scptember 17, 2002 by tbe Court in the above-captioned litigation which directed r.hnt the Special Master-Monitor "shall also oversee the discovezy process in this case and administc-r docu.rncr~ production - except iv.-so f~r a-s the issue-s raised by the parties relatc to IT security, records preservation and retention, the Department of the Trc~sury, and Paragraph 19 documents - - to cn~vrc th~± discowry i.s condu~-te~. in the nn-~.ruier r~u.fred by the Federal Rulc~ of Civil Procedure and the orders of this Court." Id at 3-4. By a separate Order of September 17, 20O2~ the Court al-sc ord:red "that Gak~orton, Secretary of the Interior, and Nc~1 McCaleb, Assistant Secretary of Interior, show cause uhy they should nor be held in civil contempt of court for violating this Court's Order of May 21: 1999, (prohibiting reuliation against Interior Depac~mner.t employees for providing testimony or information in this cas.) by re~aiia~ing against Mona Infield, an << COB00059 >> Interior Departmcnt er~Lyee~ after she provided affidavits to this Court on Macli 7, 2000, and thc'x-eafter. The civil conter~pI tzisl wiU begin at 10:00 aan on December S, 2002. Thc Ccr.~t will 3ehed1.~ e.n~ co-ndu-ct o. hearin.~ prior to rhat date to ascertain tho need for and identity of any ~virnesse~ who may be su.i~n~n~d.to tcstifr1 a.t the corimpt triaL" Z~ at 5-6. Based on this !ntter Orde:, ~JJ outsc~nding motions r~arding the Niona tn.finld retal]atiofl trial, ~u~± as th~e one listed above. will be add.rc5sed by rh~- Cour. Any f.Lture IDficld discovery motions or raspo-ns-ss should b~ ~kd far disposition by the Courr nnd not the Special Master—Mo nit or. Thank you. p Josep S. Kiefrer, U Special Master—Morn cc: Dcnni~ Gingold, Esq. Elliot L.evitis, Esq. - - The Honorable_aoyce C. Larnberth - - -••-•--•--••------- ~•••---•-—••— 2 << COB00060 >> UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) ) GALE NORTON, Secretary of the Interior, et al., ) Civil Action No. 96-1285 ) (RCL) ) Defendants. ) _________________________________________________________________________________________________ ) ORDER EXPEDITING CONSIDERATION OF MOTION FOR LEAVE Upon consideration of Defendants' Motion for Leave to File Motion to Stay All Proceedings, and Request for Expedited Consideration, it is hereby ORDERED that defendants' request for expedited consideration of its Motion for Leave to File Motion to Stay All Proceedings is hereby GRANTED; and it is further ORDERED that plaintiffs shall file their response, if any, to defendants' Motion For Leave to File Motion to Stay All Proceedings on or before October 22, 2002. Dated: ____________________ __________________________________________ ROYCE C. LAMBERTH United States District Judge << COB00061 >> Copies to: Heniy Azar Assistant Director Federal Programs Branch Scott H. Park Robert S. Libman U.S. Department of Justice Civil Division, Federal Programs Branch P.O. Box 883 Washington, DC 20044 Dennis M. Gingold 1275 Pennsylvania Avenue, N.W. 9th Floor Washington, DC 20004 Keith Harper Native American Rights Fund 1712 N Street, N.W. Washington, DC 2003 6-2976 Stephen M. Byers Crowell & Moring 1001 Pennsylvania Ave., NW Washington, DC 20004 B. Michael Rauh Mannatt, Phelps & Phillips 1501 M Street, Suite 700 Washington, DC 20005 Lisa Kemler Zwerling & Kemler ~08 N. Alfred Street Alexandria, VA 22314 John Kenneth Zwerling Zwerling & Kemler 108 N. Alfred Street Alexandria, VA 22314 << COB00062 >> Herbert Fenster McKenna & Cuneo 1900 K Street, NW Washington, DC 20006 Jefferson Gray Arent Fox Kintner Plotkin & Kahn 1050 Connecticut Ave., NW Washington, DC 20036 << COB00063 >> UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ELOUISE PEPION COBELL, et a]., ) ) Plaintiffs, ) ) V. ) ) GALE NORTON, Secretary of the Interior, et al., ) Civil Action No. 96-1285 ) (RCL) Defendants. ) ) ORDER GRANTING LEAVE TO FILE A STAY MOTION AND EXPEDITING CONSIDERATION OF A STAY Upon consideration of Defendants' Motion for Leave to File Motion to Stay All Proceedings and Request for Expedited Consideration, it is hereby: ORDERED that leave for defendants to file a motion to stay all proceedings is GRANTED, and that the Motion for Leave to Stay All Proceedings is deemed to be filed as of this date; and it is further ORDERED that defendants' request for expedited consideration of its Motion to Stay All Proceedings is GRANTED; and it is further ORDERED that plaintiffs shall file their response, if any, to defendants' Motion to Stay All Proceedings on or before October 24, 2002; and it is further ORDERED that a status conference on this matter shall be held on October 25, 2002 at __ a.m. Dated: ____________________ __________________________________________ ROYCE C. LAMBERTI-I United States District Judge << COB00064 >> Copies to: Henry Azar Assistant Director Federal Programs Branch Scott H. Park Robert S. Libman U.S. Department of Justice Civil Division, Federal Programs Branch P.O. Box 883 Washington, DC 20044 Dennis M. Gingold 1275 Pennsylvania Avenue, N.W. 9th Floor Washington, DC 20004 Keith Harper Native American Rights Fund 1712 N Street, N.W. Washington, DC 20036-2976 Stephen M. Byers Crowell & Moring 1001 Pennsylvania Ave., NW Washington, DC 20004 B. Michael Rauh Mannatt, Phelps & Phillips 1501 M Street, Suite 700 Washington, DC 20005 Lisa Kemler Zwerling & Kemler 108 N. Alfred Street Alexandria, VA 22314 John Kenneth Zwerling Zwerling & Kemler 108 N. Alfred Street Alexandria, VA 22314 << COB00065 >> Herbert Fcnster McKenna & Cuneo 1900 K Street, NW Washington, DC 20006 Jefferson Gray Arent Fox Kintner Plotkin & Kahn 1050 Connecticut Ave., NW Washington, DC 20036 << COB00066 >> CERTIFICATE OF SERVICE Thereby certify that on October 18, 2002, 1 caused a copy of the foregoing Defendantst Motion for Leave to File Motion to Stay All Proceedings and Request for Expedited Consideration, Memorandum of Points and Authorities in support thereof, and proposed Order to be served on the following counsel: By ordinary mail, courtesy copy without Copy by facsimile and U.S. Mail upon: attachments by facsimile: Joseph S. Kieffer, III, Esq. Alan L. Balaran, Esq. Special Master-Monitor Special Master 420 7th Street, N.W. ft705 1717 Pennsylvania Ave., N.W. Washington, D.C. 20004 Twelfth Floor Washington, D.C. 20006 By facsimile, pursuant to written agreement: Dennis M. Gingold, Esq. Keith Harper, Esq. 1275 Pennsylvania Avenue, N.W. Native American Rights Fund 9th Floor 1712 N Street, N.W. Washington, DC 20004 Washington, DC 20036-2976 By first-class mail, postage prepaid, and/or by facsimilc pursuant to written agreement: Stephen M. Dyers, Esq. John Kenneth Zwerling Crowell & Moring Zwerling & Kemler 1001 Pennsylvania Ave., NW 108 N. Alfred Street Washington, DC 20004 Alexandria, VA 22314 B. Michael Rauh, Esq. Herbert Fenster, Esq. Manatt, Phelps & Phillips, L.L.P. McKenna & Cunco 1501 M Street, Suite 700 1900 K Street, NW Washington, DC 20005 Washington, DC 20006 Lisa Kemler, Esq. Jefferson Gray, Esq. Zwerling & Kemler Arent Fox Kintner Plotkin & Kahn 108 N. Alfred Street 1050 Connecticut Ave., NW Alexandria, VA 22314 Washington, DC 20036 Scott H. Park