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INTHE UNITED STATES DlSTRICT COU 
FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPION COBELL, a A, 1 , 
1 
Plaintiffs, 1 
1 
V. Case No. 1:96CV01285 
(Judge Lamberth) 
GALE A. NORTON, Secretary of the Interior, aaJ., ) 
1 
Defendants. 
INTERIOR DEFENDANTS’ MOTION LIMINE TO EXCLUDE 
INTERIM REPORT OF THE SPECIAL MASTER REGARDING THE FILING OF 
INTERIOR’S EIGHTH QUARTERLY REPORT AND ALL EVIDENCE 
RELATED TO THE SPECIAL MASTER’S INCOMPLETE INVESTIGATION 
Pursuant to Rule 104(a) of the Federal Rules of Evidence, Rule 7(b) of the Federal Rules 
of Civil Procedure, and Local Rule 7.1, Interior Defendants respectfully move this Court for an 
Order in limine excluding the Interim Report of the Special Master Regarding the Filing of 
Interior’s Eighth Quarterly Report (filed April 2 1,2003) (“Interim Report”), and all evidence 
offered by Plaintiffs related to the pending investigation of the Special Master into the filing of 
the Eighth Quarterly Report.’ Interior Defendants seek an order in lirnine for the reasons set 
forth below. 
I. THE INTERIM REPORT IS INADMISSIBLE 
By order dated November 5 , 2002,’ this Court authorized Special Master Balaran to 
investigate certain claims made by a former Interior contractor, Native American Industrial 
1 On April 28,2003, Interior Defendants’ counsel conferred with Plaintiffs’ counsel 
pursuant to Local Rule 7.l(m). Plaintiffs’ counsel stated that Plaintiffs will oppose this motion. 
2 The handwritten date of the Order is December 5 , 2002, but this is obviously 
mistaken, as the Order was filed a month earlier, on November 5. This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Distributor, Inc. (“NAD”), that Tnterior improperly withheld inforniation that should have been 
discloscd to the Court in the Eighth Quartcrly Report. On April 21, 2003, the Special Master 
filed his Interim Report. As disclosed by tlic Special Master, the Interim Report is “interim” 
because he has not finishcd his investigation. Interim Report at 1 n.1. 
The Interim Report is inadmissible hearsay under Fed. R. Evid. 803 and does not fall 
within any exception to the hearsay rule. On that ground alone it must be e~cluded.~ 
The Interim Report also fails on relevance grounds. The Interim Report contains the 
interim findings and conclusions of the Special Master related to his investigation of whether 
Interior improperly excluded information from the Eighth Quarterly Report, filed on January 16, 
2002. The Special Master’s investigation into the contents of a quarterly report filed eight 
months before this Court ordered the parties to file the historical accounting and trust 
management plans which are the subject of the Phase 1.5 trial can have no relevance to those 
plans. The Interim Report should be excluded as irrelevant evidence under Fed. R. Evid. 402. 
Moreover, even if the Interim Report did have some tangential relevance, any probative 
value would be outweighed by the danger of unfair prejudice. The Interim Report is based 
largely upon information that the Special Master obtained “outside of normal channels and to 
which the parties may have no familiarity.” Interim Report at 1 n. 1. It would be improper to 
admit into evidence a report from a judicial official that is based in any way upon secretly 
acquired information. Some of the documents attached as exhibits to the Interim Report were 
obtained from unknown sources and their authenticity has not yet been verified. Furthermore, 
3 The Interim Report is listed as Exhibit 40(a) in Plaintiffs’ Exhibit List, attached as 
Exhibit 3 to Plaintiffs’ Pretrial Statement. 
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many of the documents the Special Master relies upon may be privileged. The Special Master 
has revealed the contents of these documents without first giving Interior an opportunity to assert 
any privilege. Under thesc circumstance, the unfair prejudice of considering the Interim Report 
iiiaiiifestly outweighs any probative value aiid the report sliould thus be excluded under Fed. R. 
Evid. 403. 
It would also be improper to admit into evidence an interim report about an incomplete 
investigation. Until the Special Master has finished his investigation, nothing in the Interim 
Report should be considered by the Court.‘ 
11. EVIDENCE RELATED TO THE SPECIAL MASTER’S INVESTIGATION IS 
INADMISSIBLE 
For all of the reasons discussed above, it would also be improper to admit any other 
evidence offered by Plaintiffs which is related to the Special Master’s investigation. Plaintiffs’ 
witness list, attached as Exhibit 1 to their Pretrial Statement, contains two employees of NAID, 
Jerry Morgan’ and Michael Smith. These employees of a former Interior contractor had nothing 
whatsoever to do with the creation of either of Interior’s plans.6 Their proposed testimony can 
only be related to the Special Master’s incomplete investigation into the filing of the Eighth 
4 It would also be improper to consider a master’s report before Interior has had an 
opportunity to file its objections. Pursuant to Fed. R. Civ. P. 53(e)(2), Interior will timely file its 
objections to the interim findings and conclusions in the Interim Report by May 5 , 2003. 
5 It is believed that Plaintiffs intended to list NAID employee, Jerry “Moran,” not 
“Morgan.” 
6 They are not listed as having any information about Plaintiffs’ plans either. If 
they are being offered to give testimony about Plaintiffs’ plans, they should be excluded because 
Plaintiffs have not yet answered the discovery that Interior propounded on February 2 1,2003 
asking who provided information related to Plaintiffs’ plans. 
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Quarterly Report. As such, their testimony should be excluded as irrelevant to any issue properly 
before the Court in the Phase 1.5 trial. 
Similarly, the testimony from Interior employee Chester Mills, listed as a potential 
ivitness by Plaintiffs, should be excluded. Mr. Mills \\‘as the Trust Assets and Accounting 
Management System Project Manager and worked closely with NAID. He is mentioned 
frequently in the Interim Report (see, e.E., id.at 10, 25, 26, 34, 36, 37, 39, 42 ). His testimony, to 
the extent that it relates to the Special Master’s investigation or Interim Report, should be 
excluded as irrelevant evidence in the Phase 1.5 trial. 
In short, Plaintiffs should not be permitted to transform the Phase 1.5 trial into a minihearing 
about the Special Master’s preliminary and incomplete investigation into the Eighth 
Quarterly Report. The Interim Report and any witness testimony, or other evidence related to the 
investigation or the Interim Report, should be excluded. 
CONCLUSION 
For these reasons, Interior Defendants’ Motion should be granted. 
Dated: April 28,2003 Respectfully submitted, 
ROBERT D. McCALLUM, JR. 
Acting Associate Attorney General 
STUART E. SCHIFFER 
Deputy Assistant Attorney General 
J. CHRISTOPHER KaHN 
Deputy Director 
D.C. Bar No. 261495 
JOHN T. STEMPLEWICZ 
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Senior Trial Attorney 
PHILLIP M. SELIGMAN 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-087s 
(202) 514-7194 
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INTHE UNITED STATES DISTRlCT COURT 
FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPTON COBELL, gt&., 1 
1 
Plaintiffs, )
1 
V. ) Case No. 1:96CV01285 
1 (Judge Lamberth) 
al., ) GALE NORTON, Secretary of the Interior, a 
) 
Defendants . 1 
ORDER 
This matter comes before the Court on Interior Defendants’ Motion In Limine To 
Exclude Interim Report of the Special Master Regarding the Filing of Interior’s Eighth Quarterly 
Report and All Evidence Relating to the Special Master’s Incomplete Investigation. Upon 
consideration of the Motion, the responses thereto, and the record in this case, it is hereby 
ORDERED that Interior Defendants’ Motion is GRANTED; 
ORDERED that the Interim Report of the Special Master Regarding the Filing of 
Interior’s Eighth Quarterly Report will not be admitted into evidence at the Phase 1.5 trial; 
ORDERED that the testimony of Jerry Moran, Michael Smith and Chester Mills will be 
excluded from the Phase 1.5 trial; 
ORDERED that all evidence related to the Special Master’s incomplete investigation into 
the filing of Interior’s Eighth Quarterly Report will be excluded from the Phase 1.5 trial. 
SO ORDERED. 
Date: 
ROYCE C. LAMBERTH 
United States District Judge This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
cc: 
J. Christopher Kohn 
Sandra P. Spooner 
Coinmercial 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. 
1275 Pennsylvania Avenue, N.W. 
Ninth Floor 
Washington, D.C. 20004 
Fax (202)318-2372 
Keith Harper, 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 
Alan L. Balaran, Esq. 
Special Master 
1717 Pennsylvania Avenue, N.W. 
13th Floor 
Washington, D.C. 20006 
(202) 986-8477 
Earl Old Person (Pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 59417 
(406) 338-7530 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
CERTIFICATE OF SERVICE 
I declare under penalty of perjury that, on April 28, 2003 I served the foregoing Iiiterior 
Defeiidants ’ Mofioii in Liriiiiie to Exclude Iiiterinr Report ofthe Special Master Regarding the 
FiliTig of Interior’s Eighth Quarter!)*Report a d All Evidence Relutecl to the Special Master ’s 
lm-oniplete Iizvestigution by facsimile in accordance with their written requcst of October 31, 
2001 upon: 
Keith Harper, Esq. 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D.C. 20036-2976 
(202) 822-0068 
Per the Court’s Order of April 17,2003 
By Facsimile and U.S. Mail upon: 
My Earl Old Person (Pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 59417 
(406) 338-7530 
By facsimile and U.S. Mail upon: 
Alan L. Balaran, Esq. 
Special Master 
1717 Pennsylvania Avenue, N.W. 
13th Floor 
Washington, D.C. 20006 
(202) 986-8477 
Dennis M Gingold, Esq. 
Mark Kester Brown, Esq. 
1275 Pennsylvania Avenue, N.W 
Ninth Floor 
Washington, D.C. 20004 
(202) 3 18-2372 
By U.S. Mail upon: 
Elliott Levitas, Esq 
1100 Peachtree Street, Suite 2800 
Atlanta, GA 30309-4530 
Sean P. Schmergel