UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPION COBELL, et al., 
Plaintiffs, 
v. 
____________________________________
)
)
)
))) 
) 
GALE A. NORTON, et al., 
)
)
) 
Defendants. 
____________________________________) 
DEFENDANTS' CONDITIONAL MOTION 
TO WITHDRAW MOTION TO STRIKE AND 
REQUEST FOR PROTECTIVE ORDER 
On February 24, 2004, Defendants moved for an order striking Plaintiffs’ “Motion for an 
Order to Show Cause Why the Department of Interior, Interior Secretary Gale Norton, Her Senior 
Managers and Counsel, Should Not Be Held in Civil and Criminal Contempt for Violating Court 
Orders, Including the Temporary Restraining Order and Preliminary Injunction Entered to Protect 
Trust Data and Assets” (January 13, 2004) (“Motion to Show Cause”) as it pertains to 
government officials and employees in their individual capacity, and Plaintiffs’ motions to treat 
as conceded Plaintiffs’ motion to show cause (“Motions to Treat as Conceded”) in its entirety. In 
the alternative, the Defendants also sought a protective order that, if granted, would preclude the 
Plaintiffs from serving the Motion to Show Cause and/or Motions to Treat as Conceded upon 
government officials in their individual capacity (“Request for Protective Order”). 
In view of Plaintiffs’ motion, filed today, to withdraw, without prejudice, their Motion to 
Show Cause and all related pleadings, including the various Motions to Treat as Conceded, 
(“Motion to Withdraw”), Defendants hereby conditionally move to withdraw their Motion to 
Strike and Request for Protective Order without prejudice. In particular, if the Court grants 
Civil Action No. 96-1285 (RCL)
Plaintiffs’ Motion to Withdraw, Defendants request that the Court, in turn, permit them to 
withdraw their Motion to Strike and Request for Protective Order. Plaintiffs' counsel have 
authorized Defendants to represent that they consent to this motion. 
A proposed order is attached hereto. 
March 3, 2004 DATED: 
Respectfully submitted, 
ROBERT D. McCALLUM, JR. 
Associate Attorney General 
PETER D. KEISLER 
Assistant Attorney General 
STUART E. SCHIFFER 
Deputy Assistant Attorney General 
MICHAEL F. HERTZ 
Director 
/s/ Dodge Wells 
Dodge Wells 
D.C. Bar No. 425194 
Tracy L. Hilmer 
D.C. Bar No. 421219 
Trial Attorney 
Commercial Litigation Branch 
Civil Division 
P.O. Box 261 
Ben Franklin Station 
Washington, D.C. 20044 
(202) 307-0407 
- 2 -
CERTIFICATE OF SERVICE 
I hereby certify that, on March 3, 2004 the foregoing Defendants' Motion to Withdraw 
Motion to Strike and Request for Protective Order 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
UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPION COBELL, et al., 
Civil Action No. 96-1285 (RCL) Plaintiffs, 
v. 
____________________________________
)
)
)
))) 
) 
GALE A. NORTON, et al., 
)
)
) 
Defendants. 
____________________________________) 
ORDER 
Upon consideration of Defendants’ Motion to Withdraw Motion to Strike and Request for 
Protective Order, the entire record in this case, and in view of the Court’s order granting 
Plaintiffs’ motion to withdraw their Motion to Show Cause and the various motions to treat as 
conceded, it is this ______ day of ________, 2004, hereby 
ORDERED that Defendants’ Motion to Withdraw Motion to Strike and Request for 
Protective order be, and hereby is, GRANTED without prejudice. 
SO ORDERED 
__________________________ 
Honorable Royce C. Lamberth 
United States District Judge
cc: 
Dodge Wells 
Tracy L. Hilmer 
Commercial Litigation Branch 
Civil Division 
P.O. Box 261 
Ben Franklin Station 
Washington, D.C. 20044-0261 
Fax (202) 616-3085 
Dennis M..Gingold, Esquire 
Mark Kester Brown, Esquire 
607 14th Street, NW, Box 6 
Washington, D.C. 20005 
Fax (202) 318-2372 
Keith Harper, Esquire 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D.C. 20036-2976 
Fax (202) 822-0068 
Elliott Levitas, Esquire 
1100 Peachtree Street, Suite 2800 
Atlanta, GA 30309-4530 
Earl Old Person (Pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 59417 
Fax (406) 338-7530