IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
____________________________________
) 
ELOUISE PEPION COBELL, et al., ) 
Plaintiffs, 
v. 
GALE A. NORTON, Secretary of 
the Interior, et al., 
) 
) 
)
)
)
)
) No. 1:96CV01285 
(Judge Lamberth) 
Defendants. 
)
) 
DEFENDANTS’ MOTION FOR A PROTECTIVE ORDER REGARDING PLAINTIFFS' 
NOTICES OF DEPOSITION OF JAMES CASON, MARK LIMBAUGH, JEFFREY 
JARRETT, TIMOTHY VIGOTSKY, KATHRYN CLEMENT, STEVEN WILLIAMS, 
DONALD MURPHY, MARY KENDALL ADLER, WILLIAM RAGSDALE, FRANCIS 
CHERRY, JR., ROBERT DOYLE, NORMA CAMPBELL, REGINA LAWRENCE, 
ETHEL ABEITA, THOMAS KERSTETTER, AND WENDALL GALVAN 
On January 11, 2005, without any prior communication to counsel for Defendants, 
Plaintiffs noticed the depositions of the following Department of the Interior officials: James 
Cason, Special Trustee for American Indians [sic], for January 26, 2005 (Exhibit A); Mark 
Limbaugh, Deputy Commissioner, Bureau of Reclamation, for January 27, 2005 (Exhibit B); 
Jeffrey Jarrett, Director, Office of Surface Mining, for January 31, 2005 (Exhibit C); Timothy 
Vigotsky, Director, National Business Center, for February 1, 2005 (Exhibit D); Kathryn 
Clement, Deputy Director, U.S. Geological Survey, for February 2, 2005 (Exhibit E); Steven 
Williams, U.S. Fish and Wildlife Service, for February 4, 2005 (Exhibit F); Donald Murphy, 
Deputy Director, National Park Service, for February 9, 2005 (Exhibit G); and Mary Kendall 
Adler, Deputy Inspector General, for February 11, 2005 (Exhibit H). On January 12, 2005, 
Plaintiffs noticed the depositions of the following Interior officials: William Pat Ragsdale, 
1
Director, Office of Trust Review & Audit, for January 25, 2005 (Exhibit I); Francis Cherry, Jr., 
Deputy Director for Operations, Bureau of Land Management, for January 28, 2005 (Exhibit J); 
Robert Doyle, Deputy Director, U.S. Geological Survey, for February 3, 2005 (Exhibit K); and 
Norma Campbell, Director, Office of Planning and Performance Management, for February 7, 
2005 (Exhibit L).1 On January 13, 2005, Plaintiffs noticed the depositions of the following 
Interior officials: Regina Lawrence, Office of the Chief Information Officer, for January 24, 
2005 (Exhibit M); Ethel Abeita, Director, Office of the Special Trustee, for February 14, 2005 
(Exhibit N); Thomas Kerstetter, Service Center Specialist, Office of the Special Trustee, for 
February 15, 2005 (Exhibit O); and Wendall Galvan, Records Management Specialist, for 
February 17, 2005 (Exhibit P). For the reasons set forth below, the Court should order that these 
sixteen depositions not be taken.2 
ARGUMENT 
DISCOVERY IS NOT AUTHORIZED AT THIS TIME I. 
Plaintiffs are not authorized to take discovery at this time.3 On September 2, 2004, the 
1/ These deposition notices were dated January 11, 2005, but were not sent until January 12. 
2/ As required by Fed. R. Civ. P. 26(c), and Local Rule 7(m), counsel for Defendants conferred 
with counsel for Plaintiffs in an attempt to resolve this dispute without Court action. Counsel for 
Defendants sent counsel for Plaintiffs letters (Exhibit Q), asking the reason and basis for these 
depositions. Counsel for Plaintiffs did not reply. Counsel for Defendants also consulted by 
telephone with counsel for Plaintiffs about this motion, and counsel for Plaintiffs stated that they 
would oppose this motion. 
3/Plaintiffs acknowledge this at page 12 of their recently filed Reply in Further Support of 
Motion to Amend Plaintiffs' Motion for Order to Show Cause Why Interior Defendants and Their 
Employees and Counsel Should Not Be Held in Contempt for Destroying E-Mail (Dkt. # 2808), 
where they state, "[Defendants'] sole defense to plaintiffs' litany of instances of destruction – 
which plaintiffs do not contend to be complete given the bar to plaintiffs' discovery rights in this 
litigation – consists of . . . ." (Emphasis added; footnote omitted.) 
2
Court restricted all discovery by Plaintiffs except where they first demonstrate that a deposition 
or document request "involve[s] IIM trust record retention and preservation." September 2 Order 
at 8 (Dkt. No. 2662). Plaintiffs have not sought to make such a showing. 
Furthermore, the Court explained in its September 2, 2004 Order (and in a companion 
order entered the same day), that it was permitting such limited discovery "to preserve the status 
quo" pending resolution of the appeals. Id. at 2. The appeals have now been decided4 and, with 
respect to the IT security appeal which was the subject of the December 3, 2004 decision, the 
Court of Appeals has issued its mandate. Cobell v. Norton, No. 03-5262 (D.C. Cir. Jan. 3, 
2005). It has not issued its mandate with respect to its decision of December 10, 2004. The 
parameters of Plaintiffs' intended discovery are unclear. Insofar as they extend to matters subject 
to the Court of Appeals' December 10, 2004 decision, for which no mandate has issued, this 
Court's observation in denying Plaintiffs' Request for Emergency Status Conference Regarding 
the Security of Electronic Trust Records (December 3, 2004) (which sought, inter alia, "a 
comprehensive discovery schedule") that "both the status of the Court's prior Orders and its 
authority to act in this case going forward are uncertain at this time," remains apt. Order of 
December 20, 2004, at 2 (Dkt. No. 2789). 
With respect to the issue of IT security, the Court of Appeals, although noting greater 
latitude than in a typical agency case, 391 F.3d at 257, nevertheless described a process, identical 
to that followed in APA cases and endorsed in its December 10, 2004 decision, which should be 
followed in reviewing claims that Interior has breached a duty to maintain secure IT records 
4/Cobell v. Norton, 391 F.3d 251 (D.C. Cir. 2004); Cobell v. Norton, 2004 WL 2828059 (D.C. 
Cir. Dec. 10, 2004). 
3
systems: 
The district court in Cobell V contemplated that the post-liability 
phase of the underlying litigation would, in part, "involve the 
government bringing forward its proof of IIM trust balances and 
then plaintiffs making exceptions to that proof." 91 F.Supp.2d at 
31. Given Interior's superior access to information about the state 
of its IT system security, this was a reasonable way to proceed in 
evaluating the plaintiffs' request for injunctive relief to disconnect 
IT systems. But it was error to shift the burden of persuasion to the 
Secretary to show why disconnecting most of Interior's IT systems 
was unnecessary to ensure the security of IITD, and the error was 
not harmless. 
391 F.3d at 259 (citations omitted). Before the Court can ascertain whether extra-record 
discovery is appropriate in this case, Interior must "bring forth" its proof that IITD in its systems 
is properly secured and file its administrative record, and Plaintiffs should then voice their 
exceptions. Only at that point will it be appropriate for Plaintiffs to attempt to demonstrate that 
this is one of the exceptional circumstances in which judicial review of an agency action may 
consider matters not in the administrative record. Interior is now compiling the administrative 
record to support its conclusions that relevant systems are A-130 compliant. Because Interior's 
conclusions constitute final agency action regarding A-130 compliance, Interior expects to 
provide the Court the A-130 administrative record for the Court's review. 
In all but exceptional situations, judicial review of agency action is confined to the 
administrative record. See Commercial Drapery Contractors, Inc. v. United States, 133 F.3d 1, 7 
(D.C. Cir. 1998) (citations omitted) (in most instances, the APA "limits review to the 
administrative record . . . ."); see also Holy Land Found. for Relief & Dev. v. Ashcroft, 219 F. 
Supp. 2d 57, 65 (D.D.C. 2002) (citation omitted), aff'd, 333 F.3d 156 (D.C. Cir. 2003), cert. 
denied, 540 U.S. 1218 (2004) ("It is well-established that the scope of review under the APA is 
4
narrow and must ordinarily be confined to the administrative record."). As established thirty 
years ago in Camp v. Pitts, 411 U.S. 138, 142 (1973) (per curiam), "the focal point for judicial 
review [of agency action] should be the administrative record already in existence, not some new 
record made initially in the reviewing court." Accord Fla. Power & Light v. Lorion, 470 U.S. 
729, 743 (1985); see also Common Sense Salmon Recovery v. Evans, 217 F. Supp. 2d 17, 20 
(D.D.C. 2002) (citations omitted) ("[P]laintiffs fail to recognize the basic rule that generally 
discovery is not permitted in Administrative Procedure Act cases because a court's review of an 
agency's decision is confined to the administrative record."); Marshall County Health Care Auth. 
v. Shalala, 988 F.2d 1221, 1226 (D.C. Cir. 1993) ("[C]hallengers to agency action are not . . . 
ordinarily entitled to augment the agency's record with . . . discovery . . . ."); Texas Rural Legal 
Aid, Inc. v. Legal Services Corp., 940 F.2d 685, 698 (D.C. Cir. 1991) (citations omitted) ("The 
general principle that informal agency action must be reviewed on the administrative record 
predates the APA . . . ."); Nat'l Law Ctr. on Homelessness and Poverty v. Dep't of Veteran's 
Affairs, 736 F. Supp. 1148, 1152 (D.D.C. 1990) ("discovery is not [generally] permitted prior to 
a court's review of the legality of agency action . . . .") 
In contrast to the process required by the Court of Appeals and by established case law, 
Plaintiffs apparently intend to engage in a roving investigation untethered to any proceeding.5 
5/Even under the usual rules of discovery that would apply in a non-APA case, Plaintiffs would 
not be entitled to launch such an untethered "fishing expedition" through their proposed 
depositions, using broad and vague parameters, of these individuals. Alexander v. F.B.I., 186 
F.R.D. 113, 119 (D.D.C. 1998) ("[I]t is one thing for a plaintiff who may have spotted a fish to 
throw his net in that direction; it is quite another to trawl the entire lake to see if it contains any 
fish at all.") 
5
Plaintiffs seek to adopt an impermissible6 role for themselves akin to a Court Monitor, 
overseeing Interior's compliance with its statutory obligations to maintain secure records and 
investigating every action identified by Interior in its reports7 regarding the preservation and 
retention of trust documents.8 
Once Interior has presented its proof and administrative record and Plaintiffs have voiced 
their exceptions, the Court can consider any claim Plaintiffs may make regarding their 
entitlement to discovery. Until that time, good cause exists for the Court to issue a protective 
order to prevent the noticed depositions. 
6/If such an "investigative, quasi-inquisitorial, quasi-prosecutorial role" is improper for a Court 
Monitor, Cobell v. Norton, 334 F.3d 1128, 1142 (D.C. Cir. 2003), then surely it is improper for 
Plaintiffs. 
7/The Court has ordered Interior to submit reports about preservation and retention of trust 
documents. See Order of Sept. 9, 2004. Interior has complied. Interior has filed four reports 
and informed the Court in detail about its actions regarding the preservation of trust records. The 
Court has ordered Interior to submit quarterly reports on the status of trust reform. Interior has 
complied. Interior has filed nineteen quarterly reports, which, among other things, have informed 
the Court about Interior's actions to secure and preserve documents. See, e.g., Department of the 
Interior, Status Report to the Court Number Nineteen, Nov. 1, 2004, 30-32; Department of the 
Interior, Status Report to the Court Number Eighteen, Aug. 2, 2004, 29-30; Department of the 
Interior, Status Report to the Court Number Seventeen, May 3, 2004, 31-33. Plaintiffs' abusive 
discovery practice has been to take these reports that the Court has ordered Interior to file and 
then simply to lift various phrases from the reports and request all documents related to that 
phrase. See, e.g., Plaintiffs' Thirteenth Request for Production of Documents, Category No. 5 to 
27 (Exhibit R); Plaintiffs' Fourteenth Request for Production of Documents (Exhibit S) (lifting 
phrases from Defendants' October 26, 2004 ZANTAZ motion, Dkt. No. 2745). They have also 
taken the names of individuals identified by Interior in these reports and pleadings and noticed 
them up for deposition, with no explanation of what relevance such depositions may hold. 
8/To the extent Plaintiffs have propounded this discovery for the purpose of investigating 
potential criminal contempt allegations, this Court’s decision in Landmark Legal Foundation v. 
EPA, 272 F. Supp. 2d 70, 76 (D.D.C. 2003), citing Young v. United States ex rel. Vuitton et Fils, 
S.A., 481 U.S. 787, 801, 814 (1987), makes clear that the Plaintiffs cannot assume this role. See 
also Mem. Op. of Sept. 2, 2004 at 4-5 (Plaintiffs prevented from taking depositions of Justice 
attorneys where purpose was to seek evidence for criminal contempt). 
6
II. MR. CASON’S DEPOSITION SHOULD NOT BE PERMITTED BECAUSE 
HIGH-RANKING GOVERNMENT OFFICIALS CANNOT BE DEPOSED 
ABSENT EXTRAORDINARY CIRCUMSTANCES 
Even if discovery were appropriate at this time, Plaintiffs would not be permitted to take 
the deposition of Mr. Cason, the Associate Deputy Secretary of the Department of the Interior.9 
As the D.C. Circuit has made clear, “top executive department officials should not, absent 
extraordinary circumstances, be called to testify regarding their reasons for taking official 
actions.” Simplex Time-Recorder Co. v. Secretary of Labor, 766 F.2d 575, 586 (D.C. Cir. 1985) 
(citing United States v. Morgan, 313 U.S. 409, 422 (1941)); see also Community Fed. Sav. & 
Loan v. Fed. Home Loan Bank Bd., 96 F.R.D. 619, 621 (D.D.C. 1983) (“Considering the volume 
of litigation to which the government is a party, a failure to place reasonable limits upon private 
litigants’ access to responsible governmental officials as sources of routine pre-trial discovery 
would result in a severe disruption of the government’s primary function.”). 
The Court has applied this rule previously in this case. In a March 25, 1999 Order, the 
Court ruled that before Plaintiffs could take the depositions of high government officials they 
“shall be required to provide evidence demonstrating and proving: (A) that Plaintiffs have an 
extraordinary need for these particular depositions; and (B) that the precise information they seek 
from these individuals is available from no other source.” March 25, 1999 Order Granting 
Consolidated Motion for Protective Order at 1-2. 
9/ Plaintiffs inaccurately referred to Mr. Cason as the "Special Trustee for American Indians" in 
their deposition notice. As Associate Deputy Secretary, Mr. Cason shares authority and 
responsibility at the Secretarial level for the oversight and management of the Department’s 
Indian trust and associated reform efforts. 
7
Plaintiffs cannot make the requisite showing of extraordinary need here. Indeed, thus far 
Plaintiffs’ counsel has refused to identify the precise subject areas that Plaintiffs would cover 
during a deposition of Mr. Cason. “[A]t a minimum,” Plaintiffs must demonstrate that the 
witness sought to be deposed would “possess information essential to [Plaintiffs’] case which is 
not obtainable from another source.” In re United States, 197 F.3d 310, 314 (8th Cir. 1999); see 
also Alexander v. FBI, 186 F.R.D. 1, 4 (D.D.C. 1998). Because there are no current proceedings 
for which discovery is needed, Plaintiffs cannot demonstrate that any information is relevant to 
their case, let alone “essential.” Moreover, Plaintiffs cannot show that any information they 
would seek to elicit from Mr. Cason could not be obtained through other means. See Simplex, 
766 F.2d at 587. 
For these reasons, Defendants’ Motion for a Protective Order should be granted. 
Dated: January 19, 2005 
CONCLUSION 
Respectfully submitted, 
ROBERT D. McCALLUM, JR. 
Associate Attorney General 
PETER D. KEISLER 
Assistant Attorney General 
STUART E. SCHIFFER 
Deputy Assistant Attorney General 
J. CHRISTOPHER KOHN 
Director 
/s/ Sandra P. Spooner 
SANDRA P. SPOONER 
D.C. Bar No. 261495 
Deputy Director 
JOHN T. STEMPLEWICZ 
Senior Trial Counsel 
Commercial Litigation Branch 
Civil Division 
8
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-0875 
(202) 514-7194 
9
CERTIFICATE OF SERVICE 
I hereby certify that, on January 19, 2005 the foregoing Defendants’ Motion for a 
Protective Order Regarding Plaintiffs' Notices of Deposition of James Cason, Mark Limbaugh, 
Jeffrey Jarrett, Timothy Vigotsky, Kathryn Clement, Steven Williams, Donald Murphy, Mary 
Kendall Adler, William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, Regina 
Lawrence, Ethel Abeita, Thomas Kerstetter, and Wendall Galvan was served by Electronic Case 
Filing, and on the following who is not registered for Electronic Case Filing, by facsimile: 
Earl Old Person (Pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 59417 
Fax (406) 338-7530 
/s/ Kevin P. Kingston 
Kevin P. Kingston
GALEh.0RTOT&e~retary 
Dcfendants. 
Washington, DC 20005 
Mark E. 'Nagle 
Assistant U. S. Attorney 
Wasliingto~, DC 20001 
Attorney fo; Defendants 
I 
I 
examine 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRTCT OF COLUMBTA 
ELOUISE PEPIOF COBELL, e t al., 
I 
I Plaintiffs 
I 
v. 
) 1 
1 
1 
1 
1 
1 
1 
Case Y0.1:96CV01.285 
Lawrence, Ethel Abeita, Thomas Kerstetter, and Wendall Galvan 
NOTICE OF DEPOSITION 
To: J. Christopher Kohn 
United States Department of Justice 
Civil Division 
1100 L Street, hW, Room 10036 
Judiciary Center Building 
555 Fourth Street, NW, Room 10-403 
PLEASE TAKE NOTICE, that on January 26,2005. at the offices ofthe Native 
hmerican Righls Fund, 171 2 N Strect, NW, Washington D.C. 20036. plaintiffs in this action w31 
take t h e deposition of James E. Cason, Special Trustee for American Indians, U.S. Department of 
Intcrior, 1849 C Stteet, NUj, Wahhington, DC, 20240. 
This deposition will commence at 9:30 a.m. and will continue from day to day until 
completed. TestiqonJr will be recordcd by stenogaphc means. YOU a e invjted to attend and 
EXHIBIT A 
Defendants' Motion for a Protective Order Regarding Plaintiffs' Notices of 
Deposition of James Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy Vigotsky, 
Kathryn Clement, Steven Williams, Donald Murphy, Mary Kendall Adler, 
William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, Regina 
I OF COUNSEL: 
JOHY ECI-IOHAU I: 
Native Americaii F ghts Fund 
1506 Broadway 
Boulder, Colorado $0302 
HEhXY PALR M( NAGHAN 
435 West 116th Str ct 
New York, New Yc -k 10027 
January 11,2005 
XlRF DC 
D.C. BarNo. 417748 
607 14* Street, KW 
9Ih Floor 
Washingon, DC 20005 
I KEITH HARPER 
D.C. BarNo. 451956 
Native American Rights Fund 
171 2 h’ Street, hTW 
Washington, DC 20036-2976 
Attomevs for Plaintiffs 
2 ‘ i ,_ 
’ 
I 
IN THE UNlTED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPIO$ COBELL, et al., 
PI a in riffs 
I 
I 
Y , Case No.l:96CV01285 
GALE NORTON, Secretary 
D eEendan ts. 
) 
) 
1 
J 
1 
1 
1 
1 
1 
1 
, 
M’ashington, DC 20005 
Mrtrk E, Nagle 
Assia tant U! S. Attorney 
Washington; DC 20001 
Attorney for Defendants 
FOTIC‘E OF DEPOSITION 
To: J. Christopher Kohn 
United Stales Depamnent of Justice 
Civil Division 
1100 L Street, NW, Room 10036 
Judiciary Crnter Building 
555 Fourlh Street. NW. Room 10-403 
PLEASE TAKE NOTICE, that on January 27,2005, at the offices ofthe Native 
American Rights Fund, 1712 N Street. NW. IVaskington D.C. 20036, plaintifk in t h i s action will 
take the deposition o l Mark Limbaugh. Deputy Commissioner, Bureau oiReclamation, U. S. 
Department of Tntcrior, 1849 C Street, hT, Washington, DC, 202.10. 
This deposition will commence at 9.30 a.m. and will continue from day to day until 
completed. Testi~qony will be recorded by stenographic means. You are invited to attend and 
EXHIBIT B 
Defendants’ Motion for a Protective Order Regarding Plaintiffs’ Notices of 
Deposition of James Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy 
Vigotsky, Kathryn Clement, Steven Williams, Donald Murphy, Mary Kendall 
Adler, William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, 
Regina Lawrence, Ethel Abeita, Thomas Kerstetter, and Wendall Galvan OFCOLWSEL: I 
JOHN ECHOWA’1JK 
Native American hghts Fund 
1506 Broadway 
Boulder, Colorado 80302 
I-IENRY PACT MONAGHATU’ 
435 West 116th Street 
New York, k w Yorlc 10027 
January 11,2005 
D.C. Bar No. 417748 
607 14‘h Street, NW 
gdl Floor 
Washington. DC 20005 
D.C. Rarlio. 451956 
Native American Rights Fund 
Washington, DC 20036-2976 
I 
1712 N Strect, YW 
Attorneys for PlaintifG IN THE USITED STATES DISTMCT COURT 
FOR THE DISTRICT OF COLUMBIA 
Plaintiffs 
ELOUISE PEYION COBELL, et al., 
1 7 . Case No.l:96CV01285 
) 
1 
1 
1 
1 
1 
1 
1 
1 
GALE NORTON. Secretary 
Dcfen dan ts. 
Wasliingtolz, DC 20005 
Mark E. Nagle 
Assistant U.S. Attorney 
Judiciary Ccntcr Building 
555 Fourth Street. YW, Room 10-403 
Washington, DC 20001 
I\ttornev for Del'endants 
PLEASE T,I?LKE NOTICE: that on January 3 1.2005, at the officcs of the Native 
Amencan Rights Fund, 1712 N Street, YW, Waslfington D.C. 20036, plaintiffs htlus action will 
take the deposi'ion of Jeffrey Jrirrett. Director, Office of Surfxe Mhing, U.S. Department of 
Interior, 1849 C Street, NW, Washington, DC; 20240. 
This deposition will coinmeilce at 930 a.m. and milt continue fiom day to day until 
completed. Testiiqony will be recorded by stenographic means. You are invited to anelid and 
examine. 
NOTICE OF DEPOSITION 
To: J. Christopher Kohn 
United States Deparment of Justice 
Civil Division 
1100 L Street, NW, Room 10036 
EXHIBIT C 
Defendants' Motion for a Protective Order Regarding Plaintiffs' Notices of 
Deposition of James Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy Vigotsky, 
Kathryn Clement, Steven Williams, Donald Murphy, Mary Kendall Adler, 
William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, Regina 
Lawrence, Ethel Abeita, Thomas Kerstetter, and Wendall Galvan OF COUNSEL: 
I 
JOHN ECHOHAWK 
Native American lbghts Fund 
1506 Broadway 
Bodder, Colorado 80302 
HENRY PAUL M D N R G ~ 
435 West 1 16th Street 
NEW York. New York 10037 
January 11, 2005 
D.C. Bar KO. 417748 
607 14' Strcet, NW 
grh Floor 
Washington, DC 20005 
D.C. Bar No. 45 1956 
Native Aiiierican Rights Fund 
1712 N Street, KW 
Waslungton, DC 20036-2976 
Attorneys for P1,aintiffs 
2 1 
Case Xc'o.l:96CV01285 
1 
j 
1 
) 
1 ) 
1 
1N THE UNITED STATES DISTNCT COURT 
FOR THE DISTRICT OF COLUMBTA 
1 ) ELOUISE PEPION COBELL, et a]., 
I 
Plaintiffs 
v. 
G . S E NORTON, Secrctaq 
Defendants. 
To: J. Christoplier Kohn 
Mark E. Na$e 
Assistant 'cr S. Attorney 
Washingon, DC 20001 
Attorney for Defeiidrmts 
exam j ne. 
NOTICE OF DEPOSITION 
United States Department of Justice 
Civil Division 
1 100 Z. Street, IC'W, Room 1003 6 
W3shington: DC 20005 
Judiciary Center Building 
555 Fonrth Street, NW, Room 10-403 
PLEASE TAKE NOTICE, that on Febniary 1,2005, at the offices of the Native 
American Rights Fund, 1712 N Street, hW, Washgton D.C. 20036, plaintiffs in this action will 
take the deposition of Timothy Vigotsky, Director: National Busincss Center. U .S. Depxtment of 
Interior. 1849 C Street, NW, Washugton. DC, 20240. 
3 h s deposition will commence at 9 3 0 a.m. and will continue from day to day until 
completed. Testimony will be recorded by stenographc means. You are invited to attend andl 
EXHIBIT D 
Defendants' Motion for a Protective Order Regarding Plaintiffs' Notices of 
Deposition of James Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy 
Vigotsky, Kathryn Clement, Steven Williams, Donald Murphy, Mary Kendall 
Adler, William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, 
Regina Lawrence, Ethel Abeita, Thomas Kerstetter, and Wendall Galvan I 
OFCOLNSEL: ~ 
I JOHN ECHOJdAITK 
Native American R,ights Fund 
1506 Broadway 
Boulder, Colorado 80302 
HEhXY PAUL MOKAGHAK 
435 West I 16th S t m t 
s e w YorlG h'cw Ymk 10027 
January 11,2005 
N.4RF DC 
-. 
DENNIS M. GINGOLD 
D.C. BarNo. 417748 
607 14' Street. NU' 
9' Floor 
Washington, DC 20005 
Native American Rights Fund 
D.C. Bar KO. 451956 
1712 N Street: NW 
Washington, DC 20036-2976 
Aitornevs for Plaintiffs I 
Case No.1: 96CVO 1285 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DTSTRICT OF C0LLMBI.A 
) 
1 
1 
) 
ELOUISE PEPION COBELL, et aI., 
Plaintiffs 
V. 
I 
GALE KORTOK, Senretaqr 
1 
1 
1 
) 
) 
Defendants. 
Civil Division 
Washington, DC 20005 
Mark E. Nagle 
Assistaot US. Atrorncy 
Wshmgtor,. DC 20001 
Attorney for Defendant5 
PLEASE TAKE NOTICE, that on February 2,2005, at the offices of the Native 
American kghts Fund. 1712 N Street, NW, Washington D.C. 20036, plaintiffs in this action will 
take the deposition1 olf(athry1 Clement, Deputy Director, U.S. Geological Survey, U.S. 
Depanment of Interior, 1849 C Street, hW, Washington, DC, 20240. 
This deposition will commence at 9:30 a.m. and will continue [Tom day to day until 
completed. Testimony will be recorded by stenographic means. You are invited to attend ,and 
examine. 
IVOTICE OF DEPOSITION 
To: J. Christopher Kohn 
United States Department of Jussice 
1100 L Strezt: NW, Room 10036 
Judiciary Center Building 
5.55 Pourtli Strcet, NW, Room 10-403 
EXHIBIT E 
Defendants’ Motion for a Protective Order Regarding Plaintiffs’ Notices of 
Deposition of James Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy Vigotsky, 
Kathryn Clement, Steven Williams, Donald Murphy, Mary Kendall Adler, 
William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, Regina 
Lawrence, Ethel Abeita, Thomas Kerstetter, and Wendall Galvan . 
OFCOLNSEL: , J NhTIS M. GlN 
D.C. Bar No. 417748 
607 14d' Street, NW JOHN ECI-IOHAW!K 
Native American Rights Fund 9" Floor 
Washington, DC 20005 1506 Broadway 
Boulder, Colorado 80302 
HENRY PAUL MONAGI-IAN 
435 West 116th Street 
Kew York. Iiew York 10027 
8 KEITH IJA-ER 
D.C. Bar No. 451 956 
Native American Rights Putid 
1712 N Street, NUr 
Waslkngtton, DC 20036-2976 
Attorneys for Plaintiffs 
January 11: 2005 
2 THE C%?TED STATES DISTRICT COURT 
FOR THE DISTRICT OF C0LCMBI.A 
ELOUlSE PEPION COBELL, et a],, 
PlfiintiEs 
Case No. 1 : 96 CVO 1 2 85 Y. ~ 
) 
) 
1 
1 
1 
1 
GALE NORTON, Secretary 
Defendants. 
u%&irlgtorl, DC 20005 
Mark E. Xagle 
Assistant U.S. Attorncy 
J u d i c i q Cthter Building 
5 5 5 Fourth Street, N’CII? Room 10-403 
Wasbgton, DC 20001 
Attorney for Defendants 
PLEASE TAKE XOTlCE. that on February 4,2005, at the offices of the Native 
American Rights Fund, 171 2 N Street. NIV, Washington D.C. 20036. plaintiffs in this action v i l l 
take the deposition oC Steven A. Williams7 U.S. Fish atid Wildlife Service, C.S. Department of 
Tnlerior, 1849 C Stleet, hV, Washington, DC, 20240. 
This deposition will commence at 9:3@ a.m. and will continue from day to daJr until 
coinpletcd. Tesiixbony will be rccorded by- stenographc mews. You are invited to attend and 
NOTICE OF DEPOSITION 
To: J. Christopher Kohn 
United States Department or Justice 
Civil Divisim 
1100 L Street, NW. Room 10033 
EXHIBIT F 
Defendants’ Motion for a Protective Order Regarding Plaintiffs’ Notices of 
Deposition of James Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy 
Vigotsky, Kathryn Clement, Steven Williams, Donald Murphy, Mary Kendall 
Adler, William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, 
Regina Lawrence, Ethel Abeita, Thomas Kerstetter, and Wendall Galvan OF COLWSEL: 
L 
r 
D.C. Bar No. 417748 
607 14th Street, W JOFIX ECHOHA% 
Native Amencan F ghts Fund gth Floor 
IVshington, DC 20005 1506 Broadway 
Boulder, Colorado 10302 
HENRY PAUL Mc S A G W 
43 5 West 1 16th 2 net 
New York, New ‘ rk 10027 z&-- KEITH HARPER 
D.C. Bar No. 451 956 
Native American fights Fund 
1712 hi Street, KW 
Washington, DC 20036-2976 
Attorneys for Plaintilys 
January 11,2005 01 11 21~05 18: 118 F.41 202 8 2 2 0068 YARF DC @! 012 
1" THE UNITED STATES DISTRICT COURT 
FOR THE DTSTRLCT OF COLUMBTA 
1 
1 1 
Case No.l:9GCV01285 
ELOUISE P E P I O ~ COBELL, et al., 
Plaintiffs 
V, 
i 
) 
1 
1 
J 
GALE NORTON, Secretary 
Defendants. 
Washingtol:, DC 20005 
Mark E. Eagle 
Assistant U.S. Attorney 
Attorney for Defendants 
examine. 
YOTTCE OF DEPOSITION 
To: J. Chnstopher Kolm 
Unitcd States Department of Justice 
Civil Diviskm 
1100 L Stract, XW, Room 1003G 
Judiciary Center Building 
555 Fourth Street, hTV. Room 10403 
Wasl-Ling-ton. DC 20001 
PLEASE TAKE XOTTCE. th3t on February 9,2005, at the offices o€ the Native 
hmerican Righ~s Fund, 1712 N StTeet, NW, WasKngtton D.C. 20036, plaintiffs in this action will 
take the deposition of Donald Murphy, Depuly Director. National Park Service. L.S. Department 
oiInttrior, 1849 C Street, NW. Washin@an, DC, 20240. 
This deposition will coininence at 9:30 a.m. and will continue from day to day until 
completed. Testimony will be rccorded by stenographic means. You are iiivited to attend and 
EXHIBIT G 
Defendants' Motion for a Protective Order Regarding Plaintiffs' Notices of 
Deposition of James Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy 
Vigotsky, Kathryn Clement, Steven Williams, Donald Murphy, Mary Kendall 
Adler, William Ragsdale, Francis Cherry, Jr., Robel't Doyle, Norma Campbell, 
Regina Lawrence, Ethel Abeita, Thomas Kerstetter, and Wendall Galvan OF COuh'SEL: 
JOHN ECHOkIAV E; 
jghts Fund Native American ! 
1506 Broadwl; 
Boulder, Coloradc SO302 
KENRY PAUL M NAGH-AK 
435 West 116th St :e t 
New York, New Y Irk 10027 
D.C. Ba.rNo.417748 
607 14Ih Street, KW 
9' Floor 
Washington. DC 20005 c 
t 
D.C. Bar No. 45 1956 
Natixte American Rights Fund 
1712 N Street, NW 
Waslungton, DC 20036-2976 
Attorneys for Plaintiffs 
2 XARF DC I --- 
1 
, 
i~OTlt3l OF DEPOSITION 
To: J. Christopher M o b 
United States Department of lustice 
Civil Division 
1 100 L Street, h%:, Room 10036 
Judiciary Center Building 
TN TI-TE ENITED STATES DISTRICT COURT 
FOR THE DISTRlCT OF COLUIMBJA 
Case No,1:96CV(11285 
Washkgton, DC 20005 
Mark E. Nagle 
Assistam U.S. Attorney 
Washington, DC 20001 
555 Fcurth Swet, NU‘, Room 10-403 
Attorney for DefendLvlts 
PLEASE TAKE SOl‘TCE, that on February 11,2005, at the offices ofthe Hative 
Anierican Ri$littS Fund, 1712 N Strect. KW, Wasbglon D.C. 20036, plaintiffs GI this action ~ 1 1 1 
take the deposition of Mary Kcndalll A d a , Deputy Inspector General, U.S. Department of 
Interior, 1849 C Street, NW, Washington: DC. 20240. 
This deposition will commence at 9:30 a.m. and will continue from day to day until 
completed. Testimony wjll be recorded by stenographic means. You are invited to attend and 
examine. _- 
OF COUNSEL: 
7 
1 JOI-IN ECHOHAS 
Native American E ghts Fund 
1506 Sroad\kay 
Boulder, Colorado ;OX2 
HENRY PAUL M( NAGHAN 
435 West 11 6th Strcct 
New Yo& Kew Yarlc 10027 
January 11,2005 
D.C. Bar No. 4 I7748 
P’ Floor 
Washington, DC 20005 
607 14L5 Street, KW 
Native American Rights Fund 
D.C. Bar Xo. 451956 
Washingon, DC 20036-2976 
1 7 12 r\; Strtet, NU7 
Attornevs for Plaintiffs 
2 01 1 2 . 2 0 0 5 10:ll FAS 2 0 2 822 0068 
I 
I 
ELOUISE PEPION COBELL, e t uI., 
I , 
1' Plaintiffs 
I 
V, 
' 1 1 
NARF DC 
IN THE UNITED STATES DTSTRXCT COURT 
FOR THE DISTRICT OF COLUIVLBIA 
Case No,l:36CV01285 
GALE NOR TON^ Secretary 
, Dcfcndants. 
Civil Division 
l o : J. Christopher Kohn 
C'nited States Department of Justice 
KOTTCE OF DEPOSITION 
NOTICE, that on January 25,2005, at the offices of the Native 
ashngon D.C. 20036, plaintiffs in this action uill 
irector, Office of Tnist Review & Audit, U.S. 
shington, DC. 20240. 
.m. and will continue from day lo day- until 
graphic means, You are invited to attend and 
EXHIBIT I 
Defendants' Motion for a Protective Order Regarding Plaintiffs' Notices of 
Deposition of James Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy 
Vigotsky, Kathryn Clement, Steven Williams, Donald &furphy, Mary Kendall 
Adler, William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, 
Regina Lawrence, Ethel Abeita, Thomas Kerstetter, and Wendall Galvan 
a 0 0 'I 
1 
) 
i 
) 
) 
) 
1 
) 
) OF COUKSEL: 
JOHN ECHOH4’ c 
522 11068 
.rhts - Fund Nativc‘ American 
1506 Broadway 
Boulder, Colorad 30302 
HEhrRY PAUL b Pi AGl-LkN 
435 West 116th S et 
Yew York. New ? rk 10027 
January 11,2005 
NhRF DC 
c* 
DENNIS . GIhGOL 
D . C Bar No. 417748 
d&.. 
/ 
1712 N Street, KW 
Washin@OG DC 20036-2976 
607 14* Street, NW 
9‘’ Floor 
\&’aslungton. DC 20005 
D.C. Bar No. 451 956 
Native American Rights Fund 
Attornevs for Plaintiffs 
2 I 
ELOUISE PEPTON COBELL, et al., 
I Plaintiffs 
1 
1 
1 
1 
) 
1 
1 
1 
v. 
GALE NOR TON^ Secretarq 
Defendants. 
Waskingioii, DC 20005 
Mark E. Nagle 
Assistant U.3. Attomev 
Attomev for Dcfeiidarlts 
examine. 
NOTICE OF DEPOSITION 
To: J. Christophkr Kohn 
United Statzs Departmcni of Justice 
Civil Divisiun 
I 100 L Streel, NW, Room 1 0036 
Judiciary Ccnter Building 
555 Fourth Street, NW, Room 10-403 
Washington, DC 20001 
PLEASE TAKE NOTICE. that on January 28,2005, at the offices of the Kative 
American IClghts Fund, 1712 h’ Street, NU;. Washingion D.C. 20036, plaintiffs in this action will 
take the deposition gf Francis R. Cherry, Jr., Deputy Director for Operations. ;Bureau of Land 
Managument. U. S . DcpEu-lment of Interior, 1849 C Street, NW. Washington, DC, 20240. 
This deposition will comrnencc at 9 3 0 a.m. and will contmue from day to day until 
completed. Tcsnmohy will be recorded by steiiograpl~ic means. You are invitcd to attend and 
LIV TTTE UNITED STATES DISTRICT COURT 
FOR THE DTSTNCT OF COLLWBIA 
1 
EXHIBIT J 
Defendants’ Motion for a Protective Order Regarding Plaintiffs’ Notices of 
Deposition of James Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy Vigotsky, 
Kathryn Clement, Steven Williams, Donald Murphy, Mary Kendall Adler, 
William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, Regina 
Lawrence, Ethel Abeita, Thomas Kerstetter, and Wendall Galvan I 
1 
I 
I 
I 
0 1 li 1 2 I' 2 0 (1 5 10 : 1 1 FhS 2 (I 2 8 2 2 0 0 6 8 
I 
I 
OF COUNSEL: 
435 West 116th S -ect 
I 
1 
JOT-IN ECHOH4' JK 
Native American iights Fund 
1 SO6 Broadway 
Boulder, Colorad 80302 
HENRY PAUL 3) 3KAGIIAN 
Ncw York. New ! 3rk 10027 
rpi 0 (1 3 NhRF DC 
D.C. Bar No. 417748 
607 I4Ih Street, hW 
91h Floor 
Washington, DC 20005 
D.C. BarNo. 451956 
Native American hglits Fund 
Washington, DC 20036-2976 
1712 N Street, hW 
Attornevs for Plaintiffs 
I 
2 I 
I 
I 
LV THE UNITED STATES DISTRICT COURT 
FOR THJ2 DISTRTCT OF COLUMBIA 
1 
1 
1 
1 
ELOUISE PEP10 COBELL, et al., 
17. 
GALE IVORTON, 
Chi1 Division 
Attorney fGr Delendants 
, 
examine. 
To: J. Chrislop 
United Statzs Department of Justice 
1 100 L Street, NW, Room 10036 
NOTICE. that on Febniary 3,2005, at the offices of the Native 
1712 N Street, KW, Washington D.C. 20036, plaintiffs in this action will 
bcrt Doyle, Deputy Director, U.S. Geological Survey, U.S. Department 
, hY, Washington, DC, 20240. 
ill commence at 9:30 a.m. and will continue from day to day until 
11 be recorded by stenographic means. You are invited to attend and 
NOTTCE OF DEPOSTTION 
NARF DC @ (J (J 8 
) 
) 
1 
) 
1 
1 
Case Xa.l:96CV01285 
EXHIBIT K 
Defendants’ Motion for a Protective Order Regarding Plaintiffs’ Notices of 
Deposition of James Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy Vigotsky, 
Ka- Clement, Steven Williams, Donald Murphy, Mary Kendall Adler, 
William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, Regina 
Lawrence, Ethel Abeita, Thomas Kerstetter, and Wendall Galvan Native American fqights Fund 
1506 Broadway 
JOHN ECHO HAW^ 
Boulder, Colorado'80302 
HENRY PAUL ? N A G ~ N 
:er 
New York, Nei Irk 10027 
435 West 116Q 
January 11 > 2oc 
I 
NARF DC 
DENPL'lS M. GINGOLD 
D.C. Bar No. 41 7748 
607 14* Street, NW 
9Ih Floor 
Washington, DC 20005 
D.C. Bar No. 451 956 
Native American Rights Fund 
1712 N Street. N\V 
Washington. DC 200362976 
Attorneys for Plaintiffs 
2 ELOLZSE PER COBELL, et al., 
Plaintiffs 
I 
1" THE TIXITED STATES DISTRICT COLXT 
FOR THE DISTRICT OF COLUMBIA 
Case No.l:36CV01285 
j 
1 
1 
j 
j 
Defendants. 
Washhgtcm, DC 20005 
". I 
GALE NORTON 
l 
examine. 
NOTTCE OF DEYOSlTJOlV 
To: J. Christoplier Kohn 
'L'nired States Department of Justice 
Civil Divisinn 
1100 L Street, KW, Room 10036 
NOTICE, that on February 7,2005, at the offices of the Native 
hin,vton D.C. 20036, plaintifk in t h i s action will 
or: Office or Planning and Perfomlance 
Street: NW, Washington, DC, 20240. 
. and will continue horn day to day until 
aplic means. You are invited to attend and 
EXHIBIT L 
Defendants' Motion for a Protective Order Regarding Plaintiffs' Notices of 
Deposition of James Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy Vigotsky, 
Kathryn Clement, Steven Williams, Donald Murphy, Mary Kendall Adler, 
William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, Regina 
Lawrence, Ethel Abeita, Thomas Kerstetter, and Wendall Galvan 
! 
1 
1 
1 OF COUNSEL: 
JOHN ECHOHA7 
1506 Broadway 
Boulder, Coloradr 
I 
K 
Native American iglits Fund 
'I 
HENRY PAUL M 
335 West 116th St Jet 
New York, Ncw Y rk 10027 
J,muaq 1 I , 2005 
D.C. Bar No. 4 I7748 
9"' Floor 
Washington, DC 20005 
607 14'" Street, N W 
D.C. Bar No. 451956 
hTative Amcrican Rights Fmd 
1712 N Sueel, hTV 
Washington, DC 20036-2976 
Attornew for Plaintiffs 
3 I I 
ELOLUSE PEPION COBELL, et al,, 
Plain tiffs 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
I 
1 
) 
1 
1 
) 
1 
Defend ants. 
Washington. DC 20005 
Mark E. h’agle 
Assistant U.S. Atlomey 
Washington, DC 20001 
Attorney Tor Defendants 
I 
v. I 
GALE NORTON, Secretary 
Civil Divisian 
examine. 
Case No.l:96CV01285 
Ethel Abeita, Thomas Kerstetter, and Wendall Galvan 
NOTICE OF DEPOSITION 
To: J. Christopher Kohn 
United States Department of Justice 
1100 L Streel: hW, Room 10036 
Judiciaq Center Building 
555 Fourth Ytreet, NW: Room 10-403 
PLEASE TAKE NOTICE, thar on January 24,2005, at the oficcs of the Native 
Anlerican Rights Fund, 171 2 N Street, W, Washington D.C. 20036, plaintiffs in this action will 
take the depobitioti d f Regina Lawrence, Ofiice of the Chief Informatioil Officer, U.S. 
Dtparbnent of Interior. 1849 C Strect, NW, Waslungton. DC, 20240. 
This deposition will commence at 950 a.m. and will continue from Jay to day until 
completed. Testimony will be recorded by stenographic means. You are invited to attend and 
EXHIBIT M 
Defendants’ Motion for a Protective Order Regardind Plaintiffs’ Notices of 
Deposition of James Cason, Mark Limbaugh, Jeffrey Ja ett, Timothy Vigotsky, 
Kathryn Clement, Steven Williams, Donald Murphy, Ma$ Kendall Adler, William 
Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, Regina Lawrence, OF COUNSEL: 
JOm ECHOHAW 
Native American %&IS Fund 
1506 Broadway 
Boulder, Colorado SO302 
X-EMZY PALL MONAGHAN 
435 West 116th Street 
Ncw York, New York 10027 
Januflry 13,2005 
D.C. Bar No. 417748 
607 14‘h Street: NW 
Floor 
Washington, DC: 20005 
Native American Rights Fund 
D.C. Bar No. 45 1956 
1712 N Street, NW 
Washingon. DC 20036-2976 
Atlorn evs for Plain tifrj 
2 I IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
I i 
ELOUISE PEPION COBELL, et al., 
Plaintiffs 
Case No.l:9GCV01285 v. 
1 
1 
1 
1 
1 
1 
1 
1 
1 
I 
GALE NORTOK, Secretary 
Defendants. 
I 
Civil Division 
Mark E. Yaglc 
Attornev for Defendants 
I 
I 
examine. 
i , 
NOTICE 0.F DEPOSITION 
To: J. Christopher Kohn 
United Statcs Department of Justice 
1100 L Street, MV, Room 10036 
Washington, DC 20005 
Assistant U.S. Attorney 
Judiciary Center Building 
555 Fourth Strect, NW, Room 10-403 
Washugton, DC 20001 
PLEASE T ; d NOTICE, that on February 14: 2005,2005, at the offices of the Native 
American Rghrs Pund,,l712 N Street, IC'W, Washsrton - D.C. 20036, plaintiffs in this action will 
take the deposition of Ethel Abeita, Director, OEce ofthe Special Trustee, U.S. Departnient of 
Interior, 1549 C Street, h W, Washington, DC, 20240. 
l'hs deposilion will commence at 9:30 a.m. and will continue iiom day to day until 
completed. Testimony b i l l be recorded by stenographc means. You are invited to attcnd and 
EXHIBIT N 
Defendants' Motion for a Protective Order Regarding Plaintiffs' Notices of 
Deposition of James Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy 
Vigotsky, Kathryn Clement, Steven Williams, Donald Murphy, Mary Kendall 
Adler, William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, 
Regina Lawrence, Ethel Abeita, Thomas Kerstetter, and Wendall Galvan I 
I OF COUNSEL: ' 
JOHN ECHOHAWK 1 
Native American kghts Fund 
' I 
1506 Broadway 
Boulder, Colorado $0302 
1 
HEXTRY PALL MONAGI-IAY 
435 West 116th Strtet 
New York, New York 110027 
I 
January 12,2005 
DENNIS M. GINGOLB 
D.C. Bar No. 417748 
607 14"' Street, h'w 
9~ Floor 
Washington, DC 20005 
D.C. BaNo. 451956 
Native American Rights Fund 
ITH HARP A+ 
Waslungton, DC 20036-2976 
1712 N Sweet, hW 
Attorneys for Plaktiffs 
2. IX THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPION COBELL, e l a]., 
Plaintiffs 
1'. 
GALE NORTON,' Secretary 
Defendants, 
Wasl~ington, DC 20005 
'vlark E. NagIe 
Assistant U.S. Attorney 
Waslungton, DC 2000 1 
Artomey for Defendanls 
examine. 
Cusc No.l:96CVO1285 
1 
) 
) 
1 
1 
1 
1 
1 
To: J. Chn'stophcr Kdm 
Uniled Statcs Department of Juiiice 
Civil Divibion 
1100 L Sireet. NW, Room 10036 
Judiciary Center Building 
555 Fourth Street, NW. Room 10-403 
PLEASE TAKE KOTICE, that on February 15,2005,2005, at the ofliices of the Native 
take the deposition af Thomas Kerstetter, Service Centcr Specialist, Office ol'llie Special 
Trustee, U.S. Departynent of Tnterior, 1849 C Street, NW, Washington. DC, 20240. 
This deposition bill cormnence at 9130 a.m. and will continue froin day to day until 
completed. Testimony will be recorded by stenographic means. You are invited to attend and 
NOTICE OF DEPOSITIOK 
American Rights Fund, 1712 N Street, NW, Washington D.C. 20036, plaintiffs in this action will 
, 
1 
1 
EXHIBIT 0 
Defendants' Motion for a Protective Order Regarding Plaintiffs' Notices of Deposition of James 
Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy Vigotsky, Kathyn Clement, Steven Willianls, 
Donald Murphy, Mary Kendall Adler, William Ragsdale, Francis Cherry, Jr., Robert Doyle, 
Norma Campbell, Regina Lawrence, Ethel Abeita, Thomas Kerstetter, I and Wendall Galvan 
@loo8 NARF DC 
1 OF COUNSEL: 
JOHN ECHOHAUX 
Native American Fdghls Fund 
1506 Broadway 
Boulder, Colorado 80302 
HENRY PAUL MONAGHAX 
435 West 116th Street 
New York, Yew Ybrk 10027 
J a n q 13,2005 
D.C. BarNo. 417748 
607 14d’ Street, NW 
91h Floor 
Washngton, DC 20005 
D.C. BarNo. 451956 
h’ntive American Rights Fund 
1712 N Street, ?JW 
Waslxington, DC 20036-2976 
.&tornew for Plainti€% I - i 
IN THE bZVITIED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
1 
1 
1 Case F;o.l:96CVO1285 ) 
) 
1 
) 
1 
ELO'CWSE PEPION COBELL, et al., 
I 
V. 
Plaintiffs 
I 
I 
, 
GALE NORTON, Secretary 
~ Defendants. 
I 
Washington, DC 20005 
Mark E. Nagle 
Assistant F.S. Attorney 
Waslungton, DC 20001 
Attorncv for Defendants 
I 
examine. 
I 
NOTTCE OF DEPOSITION 
To: J. Christopber Kohn 
United States Department of Justice 
Civil Division 
1100 1. Strcef NW. Room 10036 
Judiciary Center Building 
555 Fourth Street, hW, Room 10-403 
PLEASE TAKE NOTICE, that on February 17,2005,2005, at the oilices of the Native 
American Rights Fluid, 1712 N Strcet, NW, Washington D.C. 20036, plaintiffs in this action wiIl 
take the deposition of $Vendall Galvan. Records Management Specialist, U.S. Department of 
Interior, 1849 C Srreet; W, Washington, DC, 20240. 
This deposition will commence at 9:30 a.m. and will continue kom day to day until 
completed. Testimony will be recorded by stenographic inears. You are invited to attend and 
EXHIBIT P 
Defendants' Motion for a Protective Order Regarding Plaintiffs' Notices of Deposition of James 
Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy Vigotsky, Kathryn Clement, Steven Williams, 
Donald Murphy, Mary Kendall Adler, William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma 
Campbell, Regina Lawrence, Ethel Abeita, Thomas Kerstetter, and Wendall Galvan ~ OF COUNSEL: 
I 
JOHNECHOHAWK i 
Native American kghts Fund 
1506 Broadway 
Boulder, Colorado ,50302 
HErrriY P .4LX M CmJGHAN 
43 5 West 1 16th Strset 
New York, New York 10027 
January 13,2005 I 
DEMFIS M. GINGOLD 
D.C. Bar No. 417748 
GO7 14'" Street, Xi%' 
9' Floor 
Washington, DC 20005 
D.C. BarNo. 451956 
Native American Rights Fund 
Washugton, DC 2003 6-2976 
1712 N St~eet, hW 
Attorneys for Plaintiffs 
2 Regular Mail: 
P.O. Box 875 
Ben Franklin Station 
Washington, DC 20044-0875 
Phil M. Seligman 
Trial Attorney 
BY FACSIMILE 
Mr. Keith Harper 
Native American Rights Fund 
1712 N. St., N.W. 
Washington, DC 20036-2976 
Re: Plaintiffs' Deposition Notices of Mr. Cason, Mr. Limbaugh, Mr. Vigotsky, 
Ms. Clement, Mr. Williams, Mr. Murphy, Ms. Adler, and Mr. Jarrett. 
Dear Mr. Harper: 
We have received plaintiffs' deposition notices for the above-referenced individuals, 
dated January 1 1, 2005. We are not aware of any basis for your seeking this discovery and are 
considering appropriate remedies, such as a motion for a protective order and/or a motion to 
quash. To ensure we fully understand your reasons for seeking these depositions, by 6:OO P.M. 
Friday, January 14, please let me know the general subject areas to be covered and plaintiffs' 
legal basis for noticing the depositions of these individuals on these subjects. 
U.S. Department of Justice 
Civil Division 
Express Delivery: 
1100 L Street, N.W. 
Room 10152 
Washington, DC 20005 
Tcl.: (202) 307-1 105 Facsimile: (202) 305-4933 
phillip.seligman~usdoj.gov 
January 13,2005 
Phil Seligman 
Trial Attorney 
Commercial Litigation Branch 
EXHIBIT Q 
Defendants' Motion for a Protective Order Regarding Plaintiffs' Notices of 
Deposition of James Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy 
Vigotsky, Kathryn Clement, Steven Williams, Donald Murphy, Mary Kendall 
Adler, William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, 
Regina Lawrence, Ethel Abeita, Thomas Kerstetter, and Wendall Galvan COBELL-LIBRARY 
TRANSMISSION OK 
. . . . . . . . . . . . . . . . . . . . . 
TX REPORT *** 
..................... 
4115 
NARF DC 
01/13 14:35 
00 ' 23 
2 
OK 
01/13/2005 14:35 FAX 2023533565 
i 
FROM: 
TX/RX NO 
CONNECTION TEL 
CONNECTION ID 
ST. TIME 
USAGE T 
PGS. SENT 
RESULT 
Department of Justice 
Civil Division 
Fax No. 
Voice NO. (202) 616-9668 
SENT BY: 
DATE: 
(202) 353-3565 
Kevin P. Kingston 
January 13, ZOOS 
Keith Harper 
(202) 822-0063 
TO: 
FAX No. 
NUMBER OF PAGES SENT (INCLUDING COVER PAGE); 
Plaintiffs' Deposition Notices of Jan. 1 1,2005 
TIMPORTANT: T h i s facsimile is iutended only for the use of the individual or entity to which it is addressed. It may 
contain information that is privileged, contidential, or othenuise protected from disclosure under applicable low. If 
the reader of this hnsrnission is not the intended zecipieut or the employee or agent responsible for delivering the 
transmission to thc intcndcd recipient, you are hereby notified that my dissemination, distribution, copying or use of 
this eansmission or it's contents is strictly prohibited. If you have received this transmission in error, please notify as 
by telcphonisg and return the original transmission to us at the address given below. 
@I 001 
98220068 Regular Mail: 
P.O. Box 875 
Ben Franklin Station 
Washington, DC 20044-0875 
Phil M Seligman 
Trial Attorney 
BY FACSIMILE 
Mr. Keith Harper 
Native American Rights Fund 
1712 N. St., N.W. 
Washington, DC 20036-2976 
Re: Plaintiffs' Deposition Notices of Mr. Doyle, Ms. Campbell, Mr. Ragsdale, 
and Mr. Cherry, Jr. 
Dear Mr. Harper: 
We have received plaintiffs' deposition notices for the above-referenced individuals, 
dated January 11,2005 (but apparently sent on January 12). We are not aware of any basis for 
your seeking this discovery and are considering appropriate remedies, such as a motion for a 
protective order and/or a motion to quash. To ensure we fully understand your reasons for 
seeking these depositions, by 6:OO p.m. Friday, January 14, please let me know the general 
subject areas to be covered and plaintiffs' legal basis for noticing the depositions of these 
individuals on these subjects. 
U.S. Department of Justice 
Civil Division 
Express Delivery: 
1100 L Street, N.W 
Room 101 52 
Washington, DC 20005 
Tel (202) 307-1 105 Facsimile (202) 305-4933 
Phillip ~ e ~ ~ g n l a l l ~ u s d o ~ gov 
January 13,2005 
Trial Attorney 
Commercial Litigation Branch STRRT=JAN-13 17:41 MODE = MEMORY TRRNSMISSION 
FILE NO. =685 
ONE-TOUCH,' STATION NQMEYTEL NO. 
REBR NO. 
STN COMM. 
NO. 
-DOJ/C I 'J IL D i 'JI 5 ION 
PRGES 
- ***** - .................................... - 
FROM: Department of Justice 
Civil Division 
F a NO. 
Voice No, (202) 616-9668 
DATE: 
TO: 
FAX No. 
(202) 353-3565 
SENT BY: Kevin P. Kingston 
January 13,2005 
Keith Harper 
(202) 822-0068 
NUMBER OF PACES SENT (INCLUDING COVER PAGE): 
Plaintiffs' Deposition Notices of Jar,. 12,2005 
IMPORTANT: This facsimile is inteadtd only for the use of the individual or entity to which it is addressed, It may 
contain information that is privileged, confidential, or othkwise protected from disclosure under applicable law. If 
the reader of this transmission is not the intended recipient or the employee or a p t responsible for delivering the 
transmission 10 the intended recipient, you are hereby notified that say dissemination. distribution, copying or use 
of &Is transmlssim or it's contents is strictlyprohibited If you have received this transmission in error, please 
notify us by telephoning 1 
END-JQN-13 17242 
DURRT I ON 
- 
202 514 9163- ********* Regular Mail: 
P.O. Box 875 
Ben Franklin Starion 
Washington, DC 20044-0875 
Phil M. Seligman 
Trial Attorney 
BY FACSIMILE 
Mr. Keith Harper 
Native American Rights Fund 
1712 N. St., N.W. 
Washington, DC 20036-2976 
Re: Plaintiffs' Deposition Notices of Ms. Abeita, Ms. Lawrence, Mr. Galvan, 
and Mr. Kerstetter. 
Dear Mr. Harper: 
We have received plaintiffs' deposition notices for the above-referenced individuals, 
dated today. We are not aware of any basis for your seeking this discovery and are considering 
appropriate remedies, such as a motion for a protective order and/or a motion to quash. To 
ensure we fully understand your reasons for seeking these depositions, by 6:OO p.m. Friday, 
January 14, please let me know the general subject areas to be covered and plaintiffs' legal basis 
for noticing the depositions of these individuals on these subjects. 
U.S. Department of Justice 
Civil Division 
Express Delivery: 
1100 L Street, N.W. 
Room 10152 
Washington, DC 20005 
Tel.: (202) 307-1 105 Facsimile: (202) 305-4933 
phillip.seligrnangusdqi.gov 
January 13,2005 
Trial Attorney 
Commercial Litigation Branch MODE = MEMORY TRONSMISSION 
FILE N0.=684 
ST& 
NO I 
CUMM. 
OK 00 1 
TO: 
FAX No. 
NUMBER OF PAGES SENT (INCLUDING COVER PAGE): 
.................................... - 
FROM: 
SENT BY: Kevin P, Kingston 
DATE: January 13,2005 
Keith Harper 
(202) 822-0068 
IMPORT.4h'T: This facsimile i s intended only for the use of the individual or entity to which it is addressed. It may 
contain information that i s privileged, confidential, or otherwisc protected from disclosure unde~ applicable law. If 
the reader of this transmission is not the intended rccipient or the employee or agent responsiblc for delivering the 
transmission to the intended recipient, you art hereby notified that any dissemination, distribution, copying or use 
of this transmission or it's contents i s strictly prohibited. J f you have received this aansmission in error, please 
notify us by telephoning and return the original transmission to us at the address given below. 
Plaintiffs' Deposition Notices of Jan. 13,2005 
Department of Justice 
Civil Division 
Fax NO, (202) 353-3565 
(202) 616-9668 Voice No. 
STORT=JRN-13 17:31 
PFlGES DURRT I ON ONE-TOUCH/ STHTION NFIMELTEL NO. 
4BBR NO. 
9a22006a a 
END=JON-13 17:32 
002/002 00:00:32 
- -DOJ/CIUIL DIUISION 
- ***** - 202 514 9163- ********* ____ 
Phil M Srligman 
Trial Attorney 
Regular Mail: 
P.O. Box 875 
Ben Franklin Station 
Washington, DC 20044-0875 
Doyle, Ms. Campbell, Mr. Ragsdafe, Mr. Cherry, Jr., Ms. Abeita, Ms. . 
Lawrence, Mr. Galvan, and Mr. Kerstetter. 
BY FACSIMILE 
Mr. Keith Harper 
Native American Rights Fund 
1712 N. St., N.W. 
Washington, DC 20036-2976 
Re: Plaintiffs' Deposition Notices of Mr. Cason, Mr. Limbaugh, Mr. Vigotsky, 
Ms. Clement, Mr. Williams, Mr. Murphy, Ms. Adler, Mr. Jarrett, Mr. 
Dear Mr. Harper: 
I am writing in regard to the deposition notices that we have received for the above- 
referenced individuals. We are not aware of any basis for your seeking this discovery and we 
intend to file a motion for a protective order regarding these notices. 
Absent action from the Court on our motion for a protective order, the proposed 
deponents will not appear on the dates noticed for their depositions. Please do not incur the 
expense of retaining a court reporter for these depositions. 
U.S. Department of Justice 
Civil Division 
Express Delivery: 
I 100 L Street, N.W. 
Room 10 152 
Washington, DC 20005 
Tel (202) 307-1 105 tacsimile (202) 305-4933 
phillip seltgiiiaiit~usdoj gov 
January 18,2005 
Trial Attorney 
Commercial Litigation Branch :I 
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01/18/2005 16:ll FAX 2023533565 
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Department of Justice 
Civil Division 
Fax No. (202) 353-3565 
(202) 616-9668 Voice No. 
SENT BY: Kevin P. Kingston 
January 18,2005 
Keith Harper 
(202) 822-0068 
DATE: 
TO: 
FAXNo. 
NUMBER OF PAGES SENT (INCLUDING COVER PAGE); 
Plaintiffs' Recent Deposition Notices 
IMPORTANT: This facsirniIe is intended only for the use of the individual 01' entity lo which it is addressed. It inay 
contain information that is privileged, confdcntial, or otherwisc protected from disclosure under applicable law. If 
the reader of this transmission is not thc intended recipient or the employee or agent responsible for deIiveririg rhc 
transmission to the intended recipient, you are hereby notified that any dissemination, di&bution, copying or use 
of this transmission or it's contents is slrictly prohibited. lE you have received this transiiiission in error, please 
notify iis by telephoning and rstum the oridnal transmission 10 us st the address given below. 
@J 001 
98220068 IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPION COBELL, et al. 
Plaintiffs, 
v. 
)))))))
GALE A. NORTON, Secretary of the 
Interior, et al., 
))))
Defendants 
____________________________________) 
THIRTEENTH REQUEST FOR PRODUCTION OF DOCUMENTS 
PLEASE TAKE NOTICE that this request is hereby made in accordance with F.R.C.P. 26(b) 
and F.R.C.P. 34 and that the Interior defendants produce the following documents and other 
information, including all such documents and information in the custody and control of the individuals 
named below, on or before the close of business January 21, 2005 at the offices of plaintiffs’ counsel 
Dennis M. Gingold, 607 14th St., N.W., 9th Floor, Washington, D.C. 20005. 
DEFINITIONS 
A. All Documents. As used herein the terms "ALL DOCUMENTS," "DOCUMENTS," “ALL 
E-MAIL DOCUMENTS” and "DOCUMENT" include a writing or recording (regardless of medium 
and including all electronically stored DOCUMENTS and other information) as defined in Federal 
Rules of Evidence, Rule 1001 (which is defined as consisting of “letters, words, or numbers, or their 
equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic 
impulse, mechanical or electronic recording, or other form of data compilation"). 
Civil Action No. 96-01285 (RCL) 
1
is defined in Section 267 of the Internal Revenue Code, including without limitation, 
parent-subsidiary corporations and brother-sister corporations. 
with respect to which a RELATED PARTY is a trustor, fiduciary or beneficiary. 
more of the equity or voting interest in such entity. 
conjunctively and disjunctively, and each shall include the other whenever such dual construction 
serves to bring within the scope of any request or category any DOCUMENT that would otherwise 
not be brought within its scope. 
versa) and the masculine shall include the feminine and/or neuter (and conversely) whenever such 
construction serves to bring within the scope of any request or category any DOCUMENT that would 
otherwise not be brought within its scope. 
1. 
2. 
3. 
Twocorporations thatare members of the same "controlled group" as thatterm 4) 
Any trust, together with the trustees, fiduciaries and beneficiaries of such trust, 5) 
An entity with respect to which a RELATED PARTY owns or holds 50% or 6) 
G. Conjunctions. As used herein, the conjunctions "and" and "or" shall be construed both 
H. Number and Gender. As used herein, the singular form shall include the plural (and vice 
SPECIAL DEFINITIONS 
YOU or YOUR shall mean Interior defendants, and each of them, and their 
REPRESENTATIVES, including without limitation personal representatives and personal 
counsel. 
IIM TRUST – the Individual Indian Monies Trust or the Individual Indian Trust. 
IIM TRUST BENEFICIARY – An individual Indian on whose behalf, as trust beneficiary, an 
IIM TRUST account is, or at any time has been, should be, or should have been, maintained 
5
by the United States or its agents and an individual Indian who holds or has held a beneficial 
interest, divided or undivided, in TRUST LAND, including restricted land; the term “IIM 
TRUST BENEFICIARY” shall include all heirs and successors-in-interest, including 
executors and personal representatives with respect to an IIM TRUST BENEFICIARY’S 
lands or estate. 
LAND TRANSACTIONS – all requested, noticed, pending, completed, voided, invalidated, 4. 
unconsummated, withdrawn, and voluntary and involuntary land transactions, including but not 
limited to commercial, industrial, recreational, agricultural, and other types of leases; rightsof-
way; easements; other encumbrances, land sales and land exchanges; grazing and range 
permits; trespass damages assessments, and condemnation. 
DOCUMENTS AND INFORMATION TO BE PRODUCED 
CATEGORY NO. 1: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the “incident report” 
referenced by Jo Anne Martinez-Kilgore on page 3 of her July 7, 2004 report.1 
CATEGORY NO. 2: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – reports prepared 
by, or on behalf of, CARINO CONSERVATION relating to the IIM TRUST DOCUMENTS or any 
IIM TRUST BENEFICIARY DOCUMENTS. 
CATEGORY NO. 3: ALL VERSIONS OF DOCUMENTS in the custody and control of Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
1Attached as Attachment 2-A to defendants’ Notice of Filing of Report on Damaged 
Records by the Department of the Interior, filed September 21, 2004 (“Preservation Assessment 
Report to the Office of Trust records of the Bureau of Indian Affairs and to the National Archives 
and Records Administration”). 
6
to – directlyor indirectly, generallyor specifically, and implicitly or explicitly – the letter fromEthel 
Abeita to Michael Billings, dated March 23, 2004. 
CATEGORY NO. 4: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVE S that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the records section 
or any records discussion included in each quarterly status report filed with the Court. 
CATEGORY NO. 5: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the existence, and 
all assessments, of “inadequate off-site storage facilities at a number of BIA locations” referenced and 
admitted to on page 2 of the report attached to the Notice of Filing of Report on Damaged Records 
by the Department of the Interior filed with the Court by the Interior defendants on September 21, 
2004 (“Report”). 
CATEGORY NO. 6: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
or their REPRESENTATIVES and all DOCUMENTS transmitted to or received by the Interior 
defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate to – 
directly or indirectly, generally or specifically, and implicitly and explicitly – the “fast pack” of Trust 
records referenced on page 2 &7 of the Report, including without limitation all DOCUMENTS that 
reference and admit to the existence or evidence of mold in such records. 
CATEGORY NO. 7: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that embody, refer to, or relate to – directly or 
indirectly, generally or specifically, implicitly or explicitly – water damage, mouse dropping damage, 
or other damage or corruption to Trust DOCUMENTS at the time such records are identified by, or 
received from, the field or by or from any bureau, office, agency, division, or any 
REPRESENTATIVE for indexing, inventory, preservation, rehabilitation, re-creation, reconstruction, 
or for any other purpose. 
CATEGORY NO. 8: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or her REPRESENTATIVE that embody, refer to, or relate to – directly or 
indirectly, generally or specifically, and implicitly and explicitly – the selection, negotiation, 
contracting, inspection, adequacy, condition, and appropriateness of 9,000 square feet of warehouse 
space at the 4320 Yale DOCUMENT storage facility (“Yale Facility”) referenced in the Report at 2-3, 
including without limitation all photographs of the interior and exterior of the facility that reflect the 
condition of the facility as well as DOCUMENTS stored in the facility during February 2004. 
7
CATEGORYNO. 9: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, implicitly or explicitly – that assess, examine, or 
discuss whether or not, and the extent to which, the facility referred to as the “AADF Warehouse” by 
the Interior defendants “meet[s] [or fails to meet] stringent standards for the storage of such 
commodities which requires it to be free of pests, mold, and moisture and the facility is regularly 
inspected to ensure that there are no pests” referenced in the Report at 4-5. 
CATEGORY NO. 10: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly and explicitly – the inspection or 
assessment of the condition of DOCUMENTS held in the Yale Facility referenced in the Report at 5. 
CATEGORY NO. 11: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly and explicitly – the OTR request 
to NARA “to procure the services of a qualified individual to inspect the affected boxes” referenced 
in the Report at 6. 
CATEGORY NO. 12: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, implicitly or explicitly – the status of the facility 
referred to as “AIRR” by the Interior defendants as a “state-of-the-art records storage facility” 
referenced in the Report at 7. 
CATEGORY NO. 13: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – information reported 
by Ethel Abeita, OTR director, “that 350 boxes of records contained mold” referenced and admitted 
to in the Report at 7. 
CATEGORY NO. 14: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – “that the 350 figure 
was a high estimate of boxes which may have been exposed to some type of harm” referenced in the 
Report at 7. 
8
CATEGORYNO. 15: ALLVERSIONS OF DOCUMENTS in the custodyand control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – “OTR’s intention 
to deal with the 285 boxes and any others discovered during indexing at the completion of the 
Albuquerque stage of the indexing project” referenced in the Report at 7-8. 
CATEGORY NO. 16: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – 155 Navajo boxes 
that have been damaged by mold that are referenced and admitted to in the Report at 8. 
CATEGORY NO. 17: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – whether or not, and 
manner and the extent to which, the 155 Navajo boxes referenced in the Report at 8 had been damaged 
by mold prior to delivery to OTR. 
CATEGORY NO. 18: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the acquisition 
process undertaken by the Interior defendants for the procurement of the “contractor" referenced in the 
Report at 8. 
CATEGORY NO. 19: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – plans developed, 
whether or not executed or implemented, and the specific process established to retain a competent 
contractor to rehabilitate and recreate, if and when necessary, each mold-damaged Trust DOCUMENT 
referenced generally in the Report at 8. 
CATEGORY NO. 20: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the 27 Blackfeet 
boxes damaged by water referenced and admitted to in the Report at 8, including all DOCUMENTS 
evidencing the delivery of such boxes to OTR as water and mold-damaged referred to in the Report 
at 8-9. 
9
CATEGORYNO. 21: ALLVERSIONS OF DOCUMENTS in the custodyand control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the additional 103 
(285 - 155 (Navajo) + 27 (Blackfeet))water-damaged boxes referenced and admitted to in the Report 
at 7-8. 
CATEGORY NO. 22: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the 35 boxes “found 
... to have mouse droppings in them” referenced and admitted to in the Report at 9. 
CATEGORY NO. 23: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the 26 boxes 
identified in the Southwest Regional Office that were found to contain mouse droppings referenced 
and admitted to in the Report at 10. 
CATEGORY NO. 24: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the index of Trust 
records referenced generally in the Report. 
CATEGORY NO. 25: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – all evaluations and 
assessments of conditions existing in each facility that houses or stores Trust DOCUMENTS, including 
a complete list of all such site evaluations and assessments whenever prepared as well as each 
particular site-assessment and evaluation referenced on page 3 of the August 2004 Status Report by 
the Department of the Interior Office of Trust Records (filed on September 30, 2004) regarding the 
Pawnee Agency, Northern Pueblos Agency, Laguna Agency, Southern Ute Agency, Southern Plains 
Regional Office, and the Anadarko Agency. 
CATEGORY NO. 26: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the incident 
disclosed in the August 2004 Status Report at 3 “that some records were being thrown out.” 
10
CATEGORYNO. 27: ALLVERSIONS OF DOCUMENTS in the custodyand control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – policies, guidance, 
and instructions, as well as the compliance system established and operated by the Interior defendants 
related thereto, that purport to authorize the Interior defendants or their REPRESENTATIVES to 
destroy DOCUMENTS, including without limitation the instruction referenced in the August 2004 
Status Report at 3 that “BIA employees were reminded that even if a document is a copy, to ensure 
that the original exists and is properly safeguarded prior to disposing of a copy.” 
CATEGORY NO. 28: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – awards, bonuses, 
pay increases, and any merit commendation or any criticism or admonishment of James Cason, Ethel 
Abeita, or Abe Haspel relating to the performance of their duty to ensure the protection and 
preservation of Trust DOCUMENTS. 
CATEGORY NO. 29: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – Justice Department’s 
review of, and findings with respect to, the adequacy of the protection of Trust DOCUMENTS by the 
Interior defendants and their REPRESENTATIVES, including without limitation OTR. 
11
Of Counsel: 
JOHN ECHOHAWK 
Native American Rights Fund 
1506 Broadway 
Boulder, Colorado 80302 
303-447-8760 
December 20, 2004 
_______________________ 
KEITH HARPER 
D.C. Bar No. 451956 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D.C. 20036-2976 
202 785-4166 
Respectfully submitted, 
/s/ Dennis Gingold 
________________________ 
DENNIS M. GINGOLD 
D.C. Bar No. 417748 
P.O. Box 14464 
Washington, D.C. 20044-4464 
202 824-1448 
/s/ Keith Harper 
Attorneys for Plaintiffs 
12
CERTIFICATE OF SERVICE 
I hereby certify that a copy of the foregoing THIRTEENTH REQUEST FOR PRODUCTION OF 
DOCUMENTS was served on the Interior defendants via facsimile on this day, December 20, 2003 and 
the following individual by facsimile or regular mail. 
Earl Old Person (Pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 59417 
406.338.7530 (fax) 
/s/ Geoffrey Rempel 
_______________________ 
Geoffrey M. Rempel 
13
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPION COBELL, et al. 
Plaintiffs, 
v. 
)))))))
GALE A. NORTON, Secretary of the 
Interior, et al., 
))))
Defendants 
____________________________________) 
FOURTEENTH REQUEST FOR PRODUCTION OF DOCUMENTS 
PLEASE TAKE NOTICE that this request is hereby made in accordance with F.R.C.P. 26(b) 
and F.R.C.P. 34 and that the Interior defendants produce the following documents and other 
information, including all such documents and information in the custody and control of the individuals 
named below, on or before the close of business January 31, 2005 at the offices of plaintiffs’ counsel 
Dennis M. Gingold, 607 14th St., N.W., 9th Floor, Washington, D.C. 20005. 
DEFINITIONS 
A. All Documents. As used herein the terms "ALL DOCUMENTS," "DOCUMENTS," “ALL 
E-MAIL DOCUMENTS” and "DOCUMENT" include a writing or recording (regardless of medium 
and including all electronically stored DOCUMENTS and other information) as defined in Federal 
Rules of Evidence, Rule 1001 (which is defined as consisting of “letters, words, or numbers, or their 
equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic 
impulse, mechanical or electronic recording, or other form of data compilation"). 
Civil Action No. 96-01285 (RCL) 
1
Specific examples of the documents and other information being sought (and which are 
encompassed by such defined terms in the unlikely event they are not encompassed by the definition 
set forth in Rule 1001) include: All writings, Any printed, typewritten, or handwritten or graphic 
matter, regardless of medium on which it is produced, reproduced or stored, including without 
limitation, correspondence, letters, memoranda, e-mail, e-mail backup tapes, phone records, reports, 
charts, diagrams, blueprints, site plans, business records, personal records, maps, pamphlets, 
handwritten notes, marginalia, minutes of meetings, notes of meetings or conversations, catalogues, 
advertising pamphlets, written agreements, contracts, photographs, sound recordings, papers, books, 
FILES, computer print-outs, diaries and diary entries, calendars, tables, compilations, graphs, 
recommendations, studies, worksheets, logs, workpapers, summaries, information stored by a 
computer or on a computer disk, diskette, tape, card or other form of computer memory storage, as 
well as any electronic recording, tape recording, photograph, video, film, microfilm, microfiche, or 
similar recording of words, images, sound recordings, pictures, other data or data compilations or 
information of any kind, including any medium from which information can be obtained and translated 
into usable form, and all telegrams, transmission by any of the following: telefax, e-mail, facsimile, 
telex or cable. 
This Request specifically requires YOU to produce ALL DOCUMENTS maintained or 
presently located on your employees’ and agents’ person, at their residences, on their private 
e-mail accounts or anywhere else in their possession, custody, or control. 
When requested to produce a DOCUMENT you are required to produce all VERSIONS 
thereof.
B. Version. "VERSION" or "VERSIONS" means any of the following: 
2
Anyprior, current, or subsequent version or draft ofaDOCUMENT,including 1) 
without limitation all amendments, alterations, drafts, runs and modifications. 
Any duplicate (as that term is defined in Federal Rules of Evidence, Rule 2) 
1001(4), which defines a duplicate as “a counterpart produced by the same impression as the original, 
or from the same matrix, or by means of photography, including enlargements and miniatures, or by 
mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques 
which accurately reproduce the original.”) of a DOCUMENT falling within one or more categories 
of this Request for Production of Documents, which duplicate is, or at any time has been, different 
from the DOCUMENT of which it is a duplicate – including without limitation a duplicate with 
deleted information (e.g., edits, the date/time of creation, receipt or opening of such duplicate 
DOCUMENT), a duplicate that bears added notations, marginalia, and/or have had other 
DOCUMENTS affixed or attached thereto such as stapled or paper-clipped notes and "Post-It" type 
self-stick removable notes. All DOCUMENTS commonly known as “duplicate originals,” i.e., 
counterparts signed by different signatories, are expressly included in this definition of VERSION. 
C. Delegates, Entities and Their Agents. Whenever reference is made or information is 
sought with respect to an entity such as a tribe, corporation, partnership or governmental agency or 
organization that can act only through individual agents, reference to the acts of such entity are 
intended to include all acts taken by its agents, directors, officers, employees, members and 
shareholders who have or claim to have authority to act on behalf of such entity. 
D. Person. As used herein, the term "PERSON" includes both singular and plural, and refers 
to any natural person, tribe, firm, association, partnership, joint venture, corporation, governmental 
agency or organization, estate, trust, receiver, syndicate, or any other group or combination acting as 
3
a unit or affiliated entity. Whenever reference is made herein to any act by a PERSON, such reference 
is intended to, and does, include reference to any act or conduct performed by such PERSON'S agents, 
contractors (including without limitation ZANTAZ), partners, predecessors, successors, employees, 
and/or REPRESENTATIVES unless a contrary intention is expressed. 
E. Representative. "REPRESENTATIVE" or "REPRESENTATIVES" refers to and 
includes any PERSON (as defined herein) who acts, has at any time acted, has at any time by any 
PERSON been requested or solicited to act, or has purported to act at the request of, or for the benefit 
of, or on behalf of any PERSON, including without limitation all agents acting on behalf of their 
principals. 
F. Related Party. As used herein, the term "RELATED PARTY" means a PERSON or entity 
related to another by reason of any of the following: 
Individuals being members of the same family. The family of an individual 1) 
shall include his brothers and sisters (whether by whole or half blood), present spouse, prior spouses, 
ancestors, and lineal descendants. 
A PERSON or entity and a partnership if the PERSON or entity is a general 2) 
partner of the partnership or owns 50% or more of the capital interest, or the profits interest in such 
partnership. 
A PERSON or entity and a corporation if the PERSON: (I) owns or holds 3) 
50% or more of the value of the outstanding stock of the corporation, or (ii) controls, either directly 
or indirectly through a RELATED PARTY, 50% or more of the voting power of the corporation. 
4
is defined in Section 267 of the Internal Revenue Code, including without limitation, 
parent-subsidiary corporations and brother-sister corporations. 
with respect to which a RELATED PARTY is a trustor, fiduciary or beneficiary. 
more of the equity or voting interest in such entity. 
conjunctively and disjunctively, and each shall include the other whenever such dual construction 
serves to bring within the scope of any request or category any DOCUMENT that would otherwise 
not be brought within its scope. 
versa) and the masculine shall include the feminine and/or neuter (and conversely) whenever such 
construction serves to bring within the scope of any request or category any DOCUMENT that would 
otherwise not be brought within its scope. 
1. 
2. 
3. 
Twocorporations thatare members of the same "controlled group" as thatterm 4) 
Any trust, together with the trustees, fiduciaries and beneficiaries of such trust, 5) 
An entity with respect to which a RELATED PARTY owns or holds 50% or 6) 
G. Conjunctions. As used herein, the conjunctions "and" and "or" shall be construed both 
H. Number and Gender. As used herein, the singular form shall include the plural (and vice 
SPECIAL DEFINITIONS 
YOU or YOUR shall mean Interior defendants, and each of them, and their 
REPRESENTATIVES, including without limitation personal representatives and personal 
counsel. 
IIM TRUST – the Individual Indian Monies Trust or the Individual Indian Trust. 
IIM TRUST BENEFICIARY – An individual Indian on whose behalf, as trust beneficiary, an 
IIM TRUST account is, or at any time has been, should be, or should have been, maintained 
5
by the United States or its agents and an individual Indian who holds or has held a beneficial 
interest, divided or undivided, in TRUST LAND, including restricted land; the term “IIM 
TRUST BENEFICIARY” shall include all heirs and successors-in-interest, including 
executors and personal representatives with respect to an IIM TRUST BENEFICIARY’S 
lands or estate. 
LAND TRANSACTIONS – all requested, noticed, pending, completed, voided, invalidated, 4. 
unconsummated, withdrawn, and voluntary and involuntary land transactions, including but not 
limited to commercial, industrial, recreational, agricultural, and other types of leases; rightsof-
way; easements; other encumbrances, land sales and land exchanges; grazing and range 
permits; trespass damages assessments, and condemnation. 
DOCUMENTS AND INFORMATION TO BE PRODUCED 
CATEGORY NO. 1: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the representation 
that “e-mail messages from two BIA servers were not being routed to the ZANTAZ digital safe, and 
had not been routed to the digital safe since June 2004.”1 See Motion to Defer Zantaz Motion at 1. 
CATEGORY NO. 2: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the representation 
that “We understand that BIA retained messages routed through the two servers on backup tapes, and 
that no e-mail messages were lost.” See Motion to Defer Zantaz Motion at 1. 
CATEGORY NO. 3: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
1See Defendants' Motion to Defer Consideration of Defendants' "Zantaz Motion" as to 
the Bureau of Indian Affairs, filed December 16, 2004 (“Motion to Defer Zantaz Motion”). 
6
to – directly or indirectly, generallyor specifically, and implicitlyor explicitly– the loss, destruction, 
modification, or corruption of any e-mail message since September 25, 2002. 
CATEGORY NO. 4: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the representation 
that all BIA e-mail servers were identified and incorporated in the ZANTAZ proposal to capture and 
preserve e-mail. 
CATEGORY NO. 5: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the representation 
that all BIA e-mail was captured by ZANTAZ or its REPRESENTATIVES since June 2004. 
CATEGORY NO. 6: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the representation 
that all BIA e-mail was preserved since June 2004. 
CATEGORY NO. 7: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the nature and scope 
of ZANTAZ’s and its REPRESENTATIVE’S monitoring of e-mail volume from BIA’s e-mail servers 
since June 2004. 
CATEGORY NO. 8: ALL VERSIONS OF DOCUMENTS in the custody and control of the Interior 
defendants or their REPRESENTATIVES and all DOCUMENTS transmitted to, or received by, the 
Interior defendants or their REPRESENTATIVES that in whole or in part embody, refer to, or relate 
to – directly or indirectly, generally or specifically, and implicitly or explicitly – the security of any 
information technology system that ZANTAZ or its REPRESENTATIVES have employed to capture 
and archive the Interior’s defendants’ e-mail. 
7
Of Counsel: 
JOHN ECHOHAWK 
Native American Rights Fund 
1506 Broadway 
Boulder, Colorado 80302 
303-447-8760 
December 30, 2004 
_______________________ 
KEITH HARPER 
D.C. Bar No. 451956 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D.C. 20036-2976 
202 785-4166 
Respectfully submitted, 
/s/ Dennis Gingold 
________________________ 
DENNIS M. GINGOLD 
D.C. Bar No. 417748 
P.O. Box 14464 
Washington, D.C. 20044-4464 
202 824-1448 
/s/ Keith Harper 
Attorneys for Plaintiffs 
8
CERTIFICATE OF SERVICE 
I hereby certify that a copy of the foregoing FOURTEENTH REQUEST FOR PRODUCTION OF 
DOCUMENTS was served on the Interior defendants via facsimile on this day, December 30, 2004 and 
the following individual by facsimile or regular mail. 
Earl Old Person (Pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 59417 
406.338.7530 (fax) 
/s/ Geoffrey Rempel 
_______________________ 
Geoffrey M. Rempel 
9
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
____________________________________ 
ELOUISE PEPION COBELL, et al., 
Plaintiffs, 
v. Case No. 1:96CV01285 
(Judge Lamberth) 
)
)
)
)
)
) 
GALE A. NORTON, Secretary of the 
Interior, et al., 
)
)
)
) 
Defendants. 
____________________________________) 
ORDER 
This matter comes before the Court on Defendants' Motion for a Protective Order 
Regarding Plaintiffs' Notices of Deposition of James Cason, Mark Limbaugh, Jeffrey Jarrett, 
Timothy Vigotsky, Kathryn Clement, Steven Williams, Donald Murphy, Mary Kendall Adler, 
William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, Regina Lawrence, Ethel 
Abeita, Thomas Kerstetter, and Wendall Galvan, Dkt #_____. Upon consideration of the 
motion, any responses thereto, and the record of this case, it is hereby 
ORDERED that Defendants' Motion for a Protective Order Regarding Plaintiffs' Notices 
of Deposition of James Cason, Mark Limbaugh, Jeffrey Jarrett, Timothy Vigotsky, Kathryn 
Clement, Steven Williams, Donald Murphy, Mary Kendall Adler, William Ragsdale, Francis 
Cherry, Jr., Robert Doyle, Norma Campbell, Regina Lawrence, Ethel Abeita, Thomas Kerstetter, 
and Wendall Galvan GRANTED. It is further 
ORDERED that Plaintiffs may not depose James Cason, Mark Limbaugh, Jeffrey Jarrett, 
Timothy Vigotsky, Kathryn Clement, Steven Williams, Donald Murphy, Mary Kendall Adler, 
William Ragsdale, Francis Cherry, Jr., Robert Doyle, Norma Campbell, Regina Lawrence, Ethel
Abeita, Thomas Kerstetter, and Wendall Galvan 
SO ORDERED this _____ day of __________, 2005. 
_____________________________ 
ROYCE C. LAMBERTH 
United States District Judge
cc: 
Sandra P. Spooner 
John T. Stemplewicz 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-0875 
Fax (202) 514-9163 
Dennis M Gingold, Esq. 
Mark Brown, Esq. 
607 - 14th Street, NW, Box 6 
Washington, D.C. 20005 
Fax (202) 318-2372 
Keith Harper, Esq. 
Paul A. Guest, Esq. 
Native American Rights Fund 
1712 N Street, NW 
Washington, D.C. 20036-2976 
Fax (202) 822-0068 
Elliott Levitas, Esq. 
1100 Peachtree Street, Suite 2800 
Atlanta, GA 30309-4530 
Earl Old Person (Pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 59417 
(406) 338-7530