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. ) 
_________________________________) 
NOTICE 
On July 21, 2004, Defendants filed their Objections To Plaintiffs' Statement Of Fees And 
Expenses Filed June 21, 2004 ("Defendants' Objections"). Exhibit A to our objections is 
intended to list all of the fee entries submitted by Plaintiffs that fall outside the scope of the 
Court's relevant orders, but the version originally filed contains an incomplete listing. As a 
result, the hours and value of those improper billing entries were erroneously stated in 
Defendants' Objections (pp. 4, 6) as $118,716.26. A corrected listing in the attached Exhibit A 
indicates that the total sum of such entries is $225,415.32. Calculations concerning Plaintiffs' 
billable time that is within the scope of the Court's orders and the maximum potential recovery to 
which Plaintiffs might be entitled were also inaccurately stated in the original filing (pp. 4,8-9), 
and they too have been corrected. A $30 error in the calculation of the total fees sought by 
Plaintiffs (pp. 2,3,5,7) has also been adjusted. 
Exhibit C to Defendants' Objections is intended to itemize Plaintiffs' fee entries that are 
internally inconsistent, but incorrectly indicated that the total for these improper entries was 
$12,463.15 for 34.06 hours. The corrected total for the improper entries is $11,932.15 for 34.549 hours. Some of the objection descriptions in the table were also modified. Exhibit C, and the 
reference to the total value of those entries at page 11 of the main text of Defendants' Objections, 
have been corrected accordingly. 
Defendants' original filing also refers (at footnote 14) to Exhibit D, a table that lists all of 
the billing entries for which Plaintiffs seek recovery and Defendants' applicable objections, but 
fails to include the actual exhibit. Defendants hereby file the corrected documents and, for the 
Court's convenience, attach a complete copy of Defendants' Objections in which the 
aforementioned corrections have been made. 
Dated: July 23, 2004 
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/ Gino D. Vissicchio 
SANDRA P. SPOONER 
Deputy Director 
D.C. Bar No. 261495 
JOHN T. STEMPLEWICZ 
Senior Trial Counsel 
GINO D. VISSICCHIO 
Trial Attorney 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-0875 
(202) 514-7194 
2 CERTIFICATE OF SERVICE 
I hereby certify that, on July 23, 2004 the foregoing Notice and Defendant's Corrected 
Objections to Plaintiffs' Statement of Fees and Expenses Filed June 21, 2004 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., 
Plaintiffs, 
v. 
GALE A. NORTON, Secretary of the 
Interior, et al., 
Defendants. 
) 
) 
) 
) 
) 
) 
) 
) 
) 
) 
Case No. 1:96CV01285 
(Judge Lamberth) 
_________________________________) 
DEFENDANTS' CORRECTED OBJECTIONS TO PLAINTIFFS' 
STATEMENT OF FEES AND EXPENSES FILED JUNE 21, 2004 
Pursuant to the Court's Order of May 25, 2004, Defendants respectfully submit their 
objections to Plaintiffs' Statement Of Fees And Expenses In Accordance With The Court's March 
11, 2003 Order (filed June 21, 2004) ("Plaintiffs' Statement"). 
PRELIMINARY STATEMENT 
On March 11, 2003, the Court issued a Memorandum and Order imposing sanctions 
against Defendants under Federal Rule of Civil Procedure 56(g) based on the filing of a 
declaration executed by Frank Sapienza, the former Director of the Indian Trust Accounting 
Division of the General Services Administration ("Sapienza Declaration").1 Specifically, the 
Court ordered Defendants to "compensate Plaintiffs for any reasonable expenses, including 
attorneys' fees, incurred by plaintiffs as a result of opposing the claims set forth in the Sapienza 
Affidavit submitted in conjunction with defendants' Third Motion."2 Mem. & Order at 15. The 
1 On May 25, 2004, the Court denied our motion to reconsider the sanctions ruling. 
2 The "Third Motion" refers to Defendants' Third Phase II Motion For Partial Summary 
Judgment (filed Sept. 19, 2000) ("Third Motion"). Court ordered Plaintiffs to submit an application "detailing the amount of reasonable expenses 
and attorneys' fees incurred as a result of preparing and filing their opposition brief to the Third 
Motion." Id. 
Plaintiffs have submitted a fee application seeking a staggering $356,804.12, based on 
1,165.7 claimed billable hours, in response to the Court's Order allowing them recovery for the 
preparation of a single summary judgment opposition brief. In so doing, they disregard the 
limitation prescribed in the Court's Order, seek reimbursement for other motions and activities 
for which the Court has not allowed them recovery, and seek unreasonable levels of 
compensation for the work that they ostensibly performed. Because Plaintiffs have so 
overreached in seeking reimbursement of fees which they could not reasonably believe the Court 
allowed them to recover, their entire application should be denied under established law in this 
Circuit. Alternatively, their total claim should be substantially reduced to $29,322.50, a 
reasonable amount in light of the relief contemplated by the Court's Order. 
ARGUMENT 
I. Because Plaintiffs Improperly Seek Fees And Expenses Based On Work For Which 
They Have Not Been Awarded Recovery, Their Entire Claim Should Be Disallowed 
The Court's March 11, 2003 Memorandum and Order permits the Plaintiffs to seek 
reimbursement for fees and expenses "incurred as a result of preparing and filing their opposition 
brief to the Third Motion." Mem. & Order at 15. Viewed against these clear parameters, 
Plaintiffs' application is so outlandish that it warrants denial in its entirety. 
This Court previously has recognized the exacting standards that are to be applied in 
reviewing fee applications against the government: "The D.C. Circuit has admonished . . . that 
2 'where a fee is sought from the United States, which has infinite ability to pay, the court must 
scrutinize the claim with particular care.'" Cobell v. Babbitt, 188 F.R.D. 122, 125 (D.D.C. 1999) 
(quoting Copeland v. Marshall, 641 F.2d 880, 888 (D.C. Cir. 1980)). And, in Environmental 
Defense Fund v. Reilly, 1 F.3d 1254, 1258 (D.C. Cir. 1993), the D.C. Circuit warned: 
We may deny in its entirety a request for an "outrageously unreasonable" 
amount, lest claimants feel free to make "unreasonable demands, knowing 
that the only unfavorable consequence of such misconduct would be 
reduction of their fee to what they should have asked for in the first place." 
(quoting Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980), and citing Jordan v. Dep't of 
Justice, 691 F.2d 514, 518 (D.C. Cir. 1982); Trichilo v. Sec'y of Health & Human Servs., 823 
F.2d 702, 708 (2d Cir. 1987)). The court also noted that, as an alternative to disallowance of the 
entire fee request, a court may "impose a lesser sanction, such as awarding a fee below what a 
'reasonable' fee would have been in order to discourage fee petitioners from submitting an 
excessive request." 1 F.3d at 1258. After considering the fees claimed and work performed, the 
court disallowed the entire fee sought by one of the attorneys for the applicant (but not the others) 
because of an excessive amount of time claimed for certain tasks. Id. 
Plaintiffs' Statement fits precisely within the "outrageously unreasonable" standard 
described in Environmental Defense Fund. Aside from the fact that the overall amount claimed 
by Plaintiffs (1,165.7 hours and fees and expenses totaling $356,804.12) is grossly excessive in 
light of the matter for which recovery was allowed, Plaintiffs' Statement is outrageously 
unreasonable because it seeks substantial sums for work on motions and other tasks for which 
3 they were not authorized to request fees.3 Plaintiffs had no basis to believe that they were 
entitled to include that work in their present application. Their conduct is aggravated by the fact 
that they have engaged in this practice twice before.4 A substantial sanction is appropriate to 
ensure that this does not happen again.5 
Based upon the dates and descriptions of work contained in the fee statements attached to 
Plaintiffs' Statement, the vast majority of the hours for which Plaintiffs seek recovery (at least 
713.1 hours, which is 61% of the 1,165.70 total hours claimed) involves work on activities other 
than preparing and filing their opposition brief to the Third Motion.6 See Exh. A (identifying the 
various activities outside the scope of the Court's Order for which Plaintiffs seek fees). Plaintiffs 
even go so far as to seek recovery for work on motions as to which they did not prevail, such as 
3 Moreover, as discussed in detail in Section II.B.3, infra, there is reason to believe that 
Plaintiffs have modified their billing records in an effort to increase their fee request. This 
conduct further militates in favor of denial of their entire fee award. 
4 Following the 1999 contempt proceeding, Plaintiffs submitted an application for over 
$2.3 million, which the Court reduced to under $625,000, finding that Plaintiffs included in their 
application much work on matters beyond the scope of what the Court's decision stated they 
could recover at that time. Cobell v. Babbitt, 188 F.R.D. at 123, 139-40. On April 29, 2002, 
Plaintiffs filed a fee statement claiming over $409,000 for opposing two short discovery motions. 
The Court substantially reduced that award to $125,484.87, finding that Plaintiffs again included 
work beyond the scope of the recovery permitted by the Court. Mem. Op. and Order (Nov. 12, 
2002). 
5 This is particularly important now because Plaintiffs are preparing what is likely to be, 
based on prior practice, an equally excessive interim fee petition pursuant to EAJA. It bears 
noting that Plaintiffs have now sought two extensions of time (which the Court has not yet acted 
upon) in order to compile their "contemporaneous" billing records for that interim petition. 
6 The actual quantity of inappropriately claimed time may be higher; many of Plaintiffs' 
time entries include unsegregated tasks and are too vague to clearly identify which activity they 
involve. 
4 their motion to amend their contempt motion, cross-motions for summary judgment, and their 
opposition to Defendants' motion to withdraw three summary judgment motions.7 
Plaintiffs have ignored the Court's clear instruction that their application be limited to 
those fees and expenses incurred in connection with the preparation and filing of their opposition 
brief to the Third Motion. Instead, Plaintiffs' Statement is so far afield from these simple 
parameters that it cannot reasonably have been thought proper. Because Plaintiffs' Statement 
contains time for so many clearly non-recoverable tasks, we respectfully request that the Court 
disallow Plaintiffs' request for recovery in its entirety. As the D.C. Circuit recognized in 
Environmental Defense Fund v. Reilly, 1 F.3d at 1258, that is the only effective way to deter 
such wrongful conduct. 
II. Alternatively, Plaintiffs' Statement Should Be Substantially Reduced Because It 
Exceeds The Scope Of The Relief Ordered By The Court And Is Grossly Excessive 
Plaintiffs' Application far exceeds the relief ordered by the Court. First, Plaintiffs seek 
reimbursement of fees and expenses for work that was not incurred in connection with preparing 
and filing their opposition brief to the Third Motion. Second, the fees and expenses that 
Plaintiffs seek are unreasonable because $356,804.12, based on 1,165 hours, is a patently 
excessive amount for the preparation of a single summary judgment opposition brief. The billing 
7 See Order (Mar.11, 2003) (denying Plaintiffs' Consolidated Motion for Leave to Amend 
and Motion to Amend Plaintiffs' February 15, 2002 Summary Judgment Contempt Motion and a 
Contempt Finding Pursuant to F.R.C.P. 56(g) in Accordance with Newly Discovered Evidence: 
the April 19, 2002 Letter of GAO General Counsel Anthony Gamboa to OHTA Director Bert 
Edwards); Order (Sept. 17, 2002) (denying without prejudice Plaintiffs' Cross-Motions for 
Summary Judgment as to (A) There Being No Temporal Limit to Defendants' Obligation to 
Account, and (B) the Non-Settlement of Accounts); Memorandum and Order (Mar. 11, 2002) 
(granting Defendants' Motion to Withdraw Three Motions for Partial Summary Judgment). 
5 entries are also replete with inconsistencies and other improprieties, and include the application 
of an inappropriate billing rate for non-professional work. Plaintiffs' Fee Statement should be 
denied insofar as the billing entries included therein suffer from these defects. 
A. Plaintiffs' Application Goes Beyond The Relief Ordered By The Court 
The Court expressly limited the fees and expenses for which Plaintiffs could seek 
reimbursement to those "incurred as a result of preparing and filing their opposition brief to the 
Third Motion." Mem. & Order at 15. Plaintiffs disregard this limitation and seek fees and 
expenses for a variety of work unrelated to their opposition brief to the Third Motion, including 
discovery-related activities; summary judgment motions relating to the Phase 1.5 trial; an 
opposition to Defendants' motion to withdraw three summary judgment motions and Plaintiffs' 
cross-motions; a motion to amend Plaintiffs' request for contempt orders; and an opposition to 
Defendants' motion for reconsideration of the Court's sanctions order. See Exh. A. None of 
these activities can be construed as "preparing and filing their opposition brief" to the Third 
Motion for summary judgment and, therefore, they are outside the scope of the Court's Order. 
Indeed, some of the work for which Plaintiffs seek reimbursement was allegedly performed by 
Mr. Gingold in June and July 2000, and by Mr. Rempel in June 2000, before the Third Motion 
was even filed.8 The total value of fees and expenses claimed by Plaintiffs that are outside the 
scope of the Court's Order is $225,415.32. 
8 The Third Motion and accompanying Sapienza Declaration were filed on September 
19, 2000. 
6 B. Plaintiffs' Application Is Excessive And Unreasonable 
Plaintiffs seek exorbitant compensation for both work ostensibly within the scope of the 
Court's Order and activities clearly outside the Order's parameters. They also improperly seek to 
have non-professional services compensated at a professional rate, and base a significant portion 
of their fee request on inconsistent or otherwise defective billing entries. 
1. The Number Of Billable Hours For Which 
Plaintiffs Seek Compensation Is Unreasonable 
Plaintiffs have requested $356,804.12 for 1,165.70 hours of billed time. Under no 
interpretation can such a sum be deemed reasonable for "preparing and filing their opposition to 
the Third Motion." 
In a recent decision analyzing the reasonableness of a fee application, this Court found it 
appropriate to compare the total number of hours worked to the specific document produced. 
Mitchell v. National R.R. Passenger Corp., 217 F.R.D. 53, 58-60 (D.D.C. 2003) (Facciola, MJ); 
see also Environmental Defense Fund v. Reilly, 1 F.3d 1254, 1258 (evaluating fee application 
under Resource Conservation and Recovery Act by multiplying prevailing hourly rate by number 
of attorney hours reasonably expended). In making this assessment, the Court considered the 
complexity of the legal issues and factual analysis involved, as well as whether the work was 
appropriately delegated. Mitchell, 217 F.R.D. at 58. Applying these factors, the Court found that 
the fee application was unreasonably high. A 16-page motion for which the applicant sought 
recovery cost $12,866.25, or $800 per page, to prepare; other documents for which recovery was 
sought cost more than $500 per page. In finding these sums unreasonable, the Court determined 
that the work performed by a junior lawyer, allowing for necessary research and familiarization 
7 with applicable legal principles, should not exceed one hour per page. The Court further held 
that a senior lawyer, whose role generally is limited to supervising and editing, should be capable 
of reviewing a ten-page draft in one hour. Based on these conclusions, the fee award was 
substantially reduced. Id. at 60. 
Even looking only at the time Plaintiffs attribute to opposing the Third Motion, which is 
the only time compensable under the Court's March 11, 2003 and May 25, 2004 Orders, the fees 
and expenses Plaintiffs seek reach dizzying heights. Plaintiffs claim to have spent 452.83 hours 
and have billed $131,389.50 to prepare their 38-page opposition brief to the Third Motion and 
the accompanying 73-page "evidentiary appendix."9 This amounts to $1183.69 per page!10 Id. 
No degree of complexity could justify such overreaching, particularly given the number of years 
of legal experience possessed by the lawyers who performed the work. Even employing the rate 
of one hour per page utilized in Mitchell for the work of an inexperienced attorney, Plaintiffs' 
9 This is based on the following individual hours billed by Plaintiffs for work on their 
opposition brief to the Third Motion: Mr. Brown - 146.23 hours; Mr. Harper - 96.3 hours; Mr. 
Gingold - 105.2 hours; and Mr. Rempel - 105.1 hours. 
It is not clear that the appendix Plaintiffs filed with their opposition brief, titled 
"Evidentiary Appendix Filed In Opposition To Defendants' Third Phase II Motion For Partial 
Summary Judgment (Re: Settlement Of Accounts By Treasury And GAO), should be factored 
into the fee analysis. But for purposes of computing the maximum award to which Plaintiffs 
could be entitled, we include it here as work for which fees may be recoverable under the Court's 
Order. 
10 The time submitted by Plaintiffs for work not within the scope of the Court's orders 
(and therefore not compensable at all) is similarly extravagant. For example, Plaintiffs claim to 
have spent 201.5 hours and seek more than $52,000, or $4,053 per page, for preparing their 13- 
page motion to amend their contempt motion, and 134.42 hours and $29,179, or $1,621 per page, 
for opposing Defendants' motion to withdraw summary judgment motions and for preparing 
cross-motions. 
8 fees for preparing their opposition to the Third Motion still would be reduced to an amount based 
on 111 hours of work, or 25% of the hours that Plaintiffs have submitted. Reducing the hours to 
25% of those submitted by Plaintiffs, the maximum fees to which Plaintiffs would be entitled 
with respect to opposing the Third Motion are $29,322.50, consisting of: $12,810 for Mr. Brown 
(36.6 hours at $350/hour); $4,940.50 for Mr. Harper (24.1 hours at $205/hour); $9,205 for Mr. 
Gingold (26.3 hours at $350/hour); and $2,367 for Mr. Rempel (26.3 hours at the paralegal rate 
of $90/hour11). Accordingly, any fee award to Plaintiffs for their work in preparing the 
opposition brief to the Third Motion should not exceed $29,322.50. 
2. Non-Professional Services Rendered By Plaintiffs' Counsel's 
Consultant Does Not Merit Compensation At A Professional Rate 
Plaintiffs improperly seek reimbursement for time billed by non-lawyer Geoffrey Rempel 
at the professional rate of $225 per hour, based on an earlier decision of the Court finding that 
Mr. Rempel had performed professional accounting services in connection with a prior fee 
application. See Affidavit of Geoffrey Rempel, executed June 21, 2004 and submitted with 
Plaintiffs' Statement ("Rempel Aff."), at ¶ 20 (citing Memorandum Opinion (Nov. 12, 2002) at 
9). Here, however, Mr. Rempel rendered no professional accounting services in connection with 
Plaintiffs' opposition brief to the Third Motion. Instead, his work consisted primarily of assisting 
with the drafting of legal papers and providing other litigation support to Plaintiffs' counsel. As a 
result, he cannot be compensated based on the provision of professional accounting services. 
Indeed, because he is not actively licensed as a CPA, see Rempel Aff., ¶ 1, he is not authorized to 
11 As discussed in Section II.B.2, infra, Mr. Rempel rendered no professional accounting 
or legal services that would justify a professional rate of compensation for his work. 
9 render professional accounting services. And because he is not a lawyer, he cannot be 
compensated professionally in that capacity either. Rather, Mr. Rempel's role in connection with 
Plaintiffs' opposition to the Third Motion can properly be deemed to be only that of a paralegal, 
and his billing rate should be adjusted downward to reflect that status. Under the Laffey matrix, 
paralegal work performed in the year 2000 (when Plaintiffs prepared their opposition brief) is 
compensable at the hourly rate of $90. Accordingly, any fees awarded to Plaintiffs based on 
work performed by Mr. Rempel in connection with Plaintiffs' opposition to the Third Motion 
should be reduced by $135 per hour ($225-$90) to reflect the appropriate nature of Mr. Rempel's 
work.12 
3. The Specific Time Entries Submitted 
By Plaintiffs Reveal Patent Improprieties 
Plaintiffs' Statement is replete with improper billing entries that warrant denial of fees 
claimed for that work. First, Plaintiffs' counsel seek reimbursement of fees and expenses that 
were already submitted, and rejected, on two prior occasions in connection with Plaintiffs' efforts 
to hold the Secretary and Assistant Secretary in contempt. See Cobell v. Norton, 334 F.3d 1128, 
1133 (D.C.Cir. Jul 18, 2003), Cobell v. Norton, 319 F.Supp.2d 36 (D.D.C. 2004). Having 
attested to those fees as having been incurred in connection with their contempt charges, 
Plaintiffs cannot now claim such fees as having been incurred in connection with opposing the 
Third Motion. Plaintiffs employ similar tactics with respect to time that they previously 
12 As discussed in Section II.A, supra, time billed by Mr. Rempel for activities unrelated 
to Plaintiffs' opposition to the Third Motion is not compensable under the Court's order. 
Moreover, as discussed in Section II.B, supra, the hours Mr. Rempel does attribute to Plaintiffs' 
opposition brief are excessive and must be reduced to a reasonable level, i.e., 25% of the hours 
he claims. 
10 submitted in connection with the Mona Infield matter. The total value of all time entries 
included in Plaintiffs' Statement that have been double billed, which are identified in Exhibit B, 
is $57,748.50. 
Second, in numerous instances, time entries by one member of Plaintiffs' litigation team 
are not consistent with those of others. For example, Mr. Gingold seeks reimbursement for an 
alleged conference call of 0.4 hours with Mr. Harper and Mr. Brown on October 28, 2000, but 
the billing records of neither Mr. Harper nor Mr. Brown indicate that any such conference call 
took place. Similarly, Mr. Gingold claims to have spent 1.3 hours on March 11, 2002, and 2.3 
hours on March 13, 2002, in teleconferences with Mr. Harper, but Mr. Harper's records do not 
reflect that any such conferences occurred on those dates. Indeed, there are dozens of entries in 
the fee schedules submitted by Plaintiffs that are internally inconsistent. The total value of these 
improper entries, which are set forth in Exhibit C, is $11,932.15. 
Third, itemized entries included in Plaintiffs' present fee request that were also the subject 
of previous fee applications made by Plaintiffs in other contexts are not consistent with those 
prior entries. For example, in the fee application Plaintiffs filed on November 18, 2002, Mr. 
Gingold sought to be reimbursed for the following billing entry for June 2, 2000: 
Appear at Special Master meeting with defendants and their 
counsel; discuss withheld GAO documents and related memoranda 
re: DOJ/DOI misrepresentations regarding GAO disbursing officer 
account audits and discharge of accounting duties in accordance 
with 12/21/99 Court order. 
Affidavit of Dennis M. Gingold, executed Nov. 18, 2002, Att. B (included in Exh. B(1) hereto). 
However, in Plaintiffs' present fee application, the same (purportedly contemporaneous) billing 
entry bears little resemblance to the form in which it was previously submitted: 
11 Accompanied by Rempel, met with Master, DOJ, DOI, & DOT re: 
production of accounting documents relevant to Cobell litigation, 
including all documentation that purports to represent the 
settlement of IIM accounts in the custody or control of 
disbursement officers. Brooks represented that the settlement of 
Disbursing [sic] officer accounts also settled IIM accounts. Asst. 
Secretary of the Treasury Don Hammond confirmed that the 
settlement of disbursing officer accounts did not result in 
accounting of IIM trust accounts. 
Affidavit of Dennis M. Gingold, executed June 21, 2004 ("Gingold Aff."), Schedule (included in 
Exh. B(1) hereto) (emphasis added). The obvious purpose of the new language apparently added 
by Mr. Gingold is to match statements he makes in his current affidavit in an effort to justify an 
award beyond the scope defined in the Court's Order: 
However, the attached Schedule does include time spent on this 
issue from the time this matter first was presented formally to the 
Special Master four years ago, a matter candidly discussed by the 
parties and counsel in the presence of the Master on June 2, 2000. 
During this meeting, Assistant Treasury Secretary Don Hammond 
explicitly admitted - contrary to knowingly false claims of defense 
counsel and the Interior defendants - that neither the GAO nor 
Treasury had settled, or conducted an accounting of, the accounts 
of individual Indian trust beneficiaries. 
Gingold Aff., ¶ 4 (emphasis added). While the foregoing entry is among the most egregious 
examples in Plaintiffs' Statement, it is only one of over forty billing entries that have been 
modified by Mr. Gingold to suit the present fee application.13 
13 See Exh. (B)(1), Affidavits of Dennis Gingold of Nov. 5, 2002, Nov. 18, 2002, and 
June 20, 2004, and compare entries for June 2, 2000 (two entries), July 5, 2000, July 25, 2000, 
Sept. 24, 2000 (two entries), Sept. 25, 2000 (two entries), Sept. 26, 2000 (three entries), Sept. 28, 
2000 (two entries), Sept. 30, 2000, Oct. 1, 2000, Oct. 5, 2000, Oct. 7, 2000 (two entries), Oct. 8, 
2000, Oct. 28, 2000, Oct. 29, 2000 (two entries), Oct. 30, 2000, Oct. 31, 2000, Nov. 1, 2000, 
Nov. 2, 2000, Nov. 3, 2000 (four entries), May 1, 2002 (two entries), June 20, 2002, June 21, 
2002, June 24, 2002, June 25, 2002, July 5, 2002, July 11, 2002, July 29, 2002, July 30, 2002, 
Aug. 6, 2002, and Aug. 7, 2002. 
12 Plaintiffs also makes inconsistent claims with regard to the billing entries of Mr. Rempel. 
For example, the fee statement submitted in connection with Plaintiffs' second contempt 
campaign in 2002 included the following entry for Mr. Rempel for September 23, 2000: 
Review Defs' Motion for MSJ re: GAO settled accounts for 
contempt motion. 
Affidavit of Geoffrey Rempel, executed Nov. 18, 2002, Schedule (included in Exh. 
B(2))(emphasis added). But in Plaintiffs' present fee application, which is limited only to work 
related to Plaintiffs' opposition to the Third Motion, Mr. Rempel has deleted the reference "for 
contempt motion" in an apparent attempt to link his work for that day to the scope of the present 
fee matter. In the present application, his billing entry for September 23, 2000 now reads simply: 
Review Defs' Motion for MSJ and exhibits re: GAO settlement of 
accounts. 
Rempel Aff., Schedule. In fact, new language has been added to virtually all of Mr. Rempel's 
present fee entries that were also the subject of a prior fee application in an apparent effort to 
make them appear related to the award contemplated by the Court. See, e.g., id. at 9/25/00 
(adding the language "begin drafting and preparing response"); id. at 9/29/00 (adding the 
language "re settlement of accounts process"), id. at 10/5/00, 10/6/00, 10/26/00, 10/27/00, and 
10/28/00 (adding the language "for purposes of drafting the opposition" to each entry); see Exh. 
B(2), Affidavits of Geoffrey Rempel of June 21, 2004 and Nov. 18, 2002, and compare entries 
for Sept. 25, 2000, Sept. 26, 2000, Sept. 27, 2000, (two entries), Oct 5, 2000, Oct. 6, 2000, Oct. 
25, 2000, Oct. 26, 2000, Oct. 27, 2000, Oct. 28, 2000 (two entries) Oct. 29, 2000, Nov. 1, 2000, 
Nov. 2, 2000, Nov. 3, 2000, May 6, 2000. 
13 This conduct warrants not only disallowance of those fees that are based on the 
manipulated billing entries, but outright denial of the entire fee application as outrageously 
unreasonable. See Section I, supra. Both Mr. Gingold and Mr. Rempel swore that their billing 
entries were made contemporaneously with the tasks allegedly performed. See Gingold Aff. at ¶ 
2; Rempel Aff. at ¶ 15. Yet, these representations cannot be reconciled with the subsequent 
modification of Plaintiffs' bills to better suit their present fee application. A table identifying all 
of these suspect billing entries is attached hereto as Exhibit B.14 
CONCLUSION 
Based on the foregoing, Defendants respectfully request that the Court issue an order 
denying Plaintiffs' entire fee application as outrageously unreasonable. In the alternative, any fee 
award to Plaintiffs for preparing their opposition brief to the Third Motion should be reduced to 
an amount not exceeding $29,322.50. 
Dated: July 23, 2004 
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/ Gino D. Vissicchio 
SANDRA P. SPOONER 
Deputy Director 
D.C. Bar No. 261495 
JOHN T. STEMPLEWICZ 
14 For the Court's convenience, a table reproducing all of the billing entries included in 
Plaintiffs' Statement, and describing our objections where applicable, is attached as Exhibit D. 
14 Senior Trial Counsel 
GINO D. VISSICCHIO 
Trial Attorney 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-0875 
(202) 514-7194 
15 Brown Entries Outside of Scope of Court Order 
Date Matter Time Claimed 
Amount 
Objection 
2/7/02 Research/Review GAO Report 2.5 $900.00 Outside of 
Scope 
2/9/02 Legal Research re Cross-motion for MSJ 3.166 $1,139.76 Outside of 
Scope 
2/11/02 Legal Research re Withdrawing MSJ; Prepare 
Memorandum of Points and Authorities 
3.25 $1,170.00 Outside of 
Scope 
2/12/02 Revise Opposition to Motion to Withdraw MSJ 1.583 $569.88 Outside of 
Scope 
2/12/02 Revise Opposition to Motion to Withdraw MSJ 0.333 $119.88 Outside of 
Scope 
2/13/02 Revise Opposition to Motion to Withdraw MSJ 0.333 $119.88 Outside of 
Scope 
2/13/02 Revise Summary Judgment Opposition 0.666 $239.76 Outside of 
Scope 
2/14/02 Revise Memorandum of Points and Authorities 
re Cross-Motion for Summary Judgment 
2.92 $1,051.20 Outside of 
Scope 
2/14/02 Revise Summary Judgment Opposition 4.916 $1,769.76 Outside of 
Scope 
2/15/02 Revise Summary Judgment Opposition 0.75 $270.00 Outside of 
Scope 
2/15/02 Revise Summary Judgment Opposition 3 $1,080.00 Outside of 
Scope 
2/15/02 Revise Summary Judgment Opposition 
/miscellaneous re service & filing 
1.333 $479.88 Outside of 
Scope 
3/10/02 Review Opposition to Rule 56(g) Motion 1.666 $599.76 Outside of 
Scope 
3/13/02 Prepare Reply re Cross-Motion for Summary 
Judgment 
2.75 $990.00 Outside of 
Scope 
3/13/02 Prepare Reply re Cross-Motion for Summary 
Judgment 
6.916 $2,489.76 Outside of 
Scope 
5/26/04 Review Court Orders re Sapienza Sanctions; 
Review File re Same 
1.166 $443.08 Outside of 
Scope 
6/8/04 Gather and segregate time for Sapienza Fee 
Application 
4.916 $1,868.08 Outside of 
Scope 
6/9/04 Gather and segregate time for Sapienza Fee 
Application 
1.916 $728.08 Outside of 
Scope Brown Entries Outside of Scope of Court Order 
Date Matter Time Claimed 
Amount 
Objection 
6/9/04 Gather and segregate time for Sapienza Fee 
Application; 
Prepare MKB Affidavit re fees; Legal Research 
re Laffey 
rates 
3.666 $1,393.08 Outside of 
Scope 
6/10/04 Prepare MKB Affidavit re fees 1.916 $728.08 Outside of 
Scope 
6/10/04 Legal Research re adjusted Laffey 
rates/McDowell 
decision 
1.25 $475.00 Outside of 
Scope 
6/10/04 Prepare MKB Affidavit re fees 3.166 $1,203.08 Outside of 
Scope 
6/11/04 Gather and segregate time for Sapienza Fee 
Application 
0.583 $221.54 Outside of 
Scope 
6/11/04 Revise MKB Affidavit re fees 2.916 $1,108.08 Outside of 
Scope 
6/11/04 Revise MKB Affidavit re fees 1.833 $696.54 Outside of 
Scope 
6/11/04 Revise MKB Affidavit re fees/Prepare 
Application and 
Order 
3.75 $1,425.00 Outside of 
Scope 
6/14/04 Revise MKB Affidavit re fees/Prepare 
Application and 
Order 
4.166 $1,583.08 Outside of 
Scope 
6/14/04 Finalize MKB Affidavit re fees/Application and 
Order 
1.666 $633.08 Outside of 
Scope 
6/17/04 Telephone Conference with team re time entries 
re GAO fee application 
1.25 $475.00 Outside of 
Scope 
Total 70.242 $25,970.32 Gingold Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
6/2/00 Accompanied by Rempel, met with Master, DOJ, DOI & 
DOT re. production of accounting docs. relevant to 
Cobell litigation, including all documentation that 
purports to represent the settlement of IIM accounts in the 
custody or control of disbursement officers. Brooks 
represented that settlement of Disbursing officer accounts 
also settled IIM accounts. sst. Secretary of the Treasury 
Don Hammond confirmed that the settlement of 
disbursing officer accounts did not result in an accounting 
of IIM trust accounts. 
2.1 $735.00 Previously 
Billed/Denied 
Outside of 
Scope 
6/2/00 Prepare for Special Master meeting re. Defendants 
misrepresentation re. settlement of Indian disbursing 
officer accounts as accounting IIM trust accounts. 
0.8 $280.00 Previously 
Billed/Denied 
Outside of 
Scope 
6/5/00 Telcom. with Brian Ferrell, DOJ, requesting production 
of all documents relevant to settlement of IIM accounts in 
the custody or control of disbursement officers, at least 
with respect to the named plaintiffs and their 
predecessors-in-interes ? in conformity with the 
representations of Brooks at the 6.2.00 meeting at the 
Master's office. 
0.3 $105.00 Outside of 
Scope 
6/6/00 Telcoms. with Ferrell re. same. (Document Production & 
Account Settlement) 
0.3 $105.00 Outside of 
Scope 
7/5/00 Telcoms. Holt re. GAO summary judgment/accounting 0.7 $245.00 Previously 
Billed/Denied 
Outside of 
Scope 
7/25/00 Draft MSJ surreply re. defs' material misrepresentations re. 
GAO 
1.7 $595.00 Previously 
Billed/Denied 
Outside of 
Scope 
2/1/02 Meet and confer with Cynthia Alexander and Matt Fader, DOJ, 
and object to defendants' motion to withdraw pending motion 
for partial summary judgement regarding GAO Settlement of 
Accounts of disbursing officers as discharging the accounting of 
IIM Trust beneficiaries ("MSJ III"). 
0.1 $36.00 Outside of 
Scope/ 
Inconsistent 
with Harper bill 
2/1/02 Telcom. Harper re. same. 0.1 $36.00 Outside of 
Scope 
2/1/02 Telcoms. Cobell re. same 0.3 $108.00 Outside of 
Scope 
A
Gingold Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
2/4/02 Telcom. Cobell re. same, particularly impact false MSJ III was 
intended to have on class. 
0.2 $72.00 Outside of 
Scope 
2/12/02 Telcoms. Ferrell re. MSJ III issues, intended impact, etc. 0.2 $72.00 Outside of 
Scope 
2/14/02 Review and revise Plaintiffs' Opposition to Motion to Withdraw 
Defendants' Motions for Summary Judgment; Plaintiffs' Cross- 
Motions for Summary Judgment as to (B) The Non-Settlement 
of accounts to reinforce such settlement of Indian disbursing 
officer accounts does not constitute an accounting of IIM trust 
accounts. 
8.5 $3,060.00 Outside of 
Scope 
2/14/02 Telcom. Harper re. same. 0.2 $72.00 Outside of 
Scope 
2/14/02 Conference call with Cobell and Rempel re. defs' motion to 
withdraw MSJ III, the intended affect of the motion, the 
deception practiced on the district court, and reasons for the 
opposition. 
0.4 $144.00 Outside of 
Scope 
2/15/02 Finalize revisions and refinement of opp. to defs' motion and 
cross motion re. MSJ III. 
6.2 $2,232.00 Outside of 
Scope 
2/15/02 Conference call with Cobell and Rempel re opp. to motion to 
withdraw MSJ III and crossmotion for summary judgment. 
0.5 $180.00 Outside of 
Scope 
3/5/02 Review, revise, and redraft reply to consolidated MSJ III cross 
motion and show cause motion. 
11 $3,960.00 Outside of 
Scope 
3/5/02 Telcom. Harper re. same. 0.6 $216.00 Outside of 
Scope/ 
Inconsistent 
with Harper bill 
3/8/02 Review, revise, and modify current draft of consolidated MSJ 
III crossmotion. 
12 $4,320.00 Outside of 
Scope 
3/11/02 Conference call with Cobell and Rempel re. consolidated MSJ 
III crossmotion, accounting implica bad faith, irreparable harm. 
1.2 $432.00 Outside of 
Scope 
3/11/02 Continue revisions and refinement of MSJ III draft in 
accordance with discussion with Cobell and Rempel, and 
Harper. 
6.6 $2,376.00 Outside of 
Scope 
3/11/02 Telcom. Harper re. same. 1.3 $468.00 Outside of 
Scope/ 
Inconsistent 
with Harper bill 
3/11/02 Telcom. Cobell re. same. 1.1 $396.00 Outside of 
Scope 
3/11/02 Discussion with Rempel re. MSJ III reply draft and necessary 
revisions, additional supporting documents. 
0.8 $288.00 Outside of 
Scope Gingold Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
3/12/02 Continue revisions and refinement of MSJ III reply draft, 
including factual appendix. 
14.5 $5,220.00 Outside of 
Scope 
3/12/02 Telcom. Harper re. same. 1.1 $396.00 Outside of 
Scope/ 
Inconsistent 
with Harper bill 
3/12/02 Conference call Brown and Harper re. same. 0.8 $288.00 Outside of 
Scope/ 
Inconsistent 
with Harper bill 
3/12/02 Discussion with Rempel re. same. 0.6 $216.00 Outside of 
Scope 
3/13/02 Finalize revisions and refinement of MSJ III reply draft, 
including factual appendix; confirm supporting documentation. 
13.2 $4,752.00 Outside of 
Scope 
3/13/02 Telcom. Harper re. same. 2.3 $828.00 Outside of 
Scope/ 
Inconsistent 
with Harper bill 
3/13/02 Telcom. Cobell re. same. 0.5 $180.00 Outside of 
Scope 
3/13/02 Conference call Cobell and Rempel re. same. 0.4 $144.00 Outside of 
Scope/ 
Inconsistent 
with Harper bill 
4/22/00 Review GAO Gamboa April 19, 2002 letter that confirms 
knowingly false representations made re. settlement of IIM 
accounts. 
0.5 $180.00 Outside of 
Scope 
4/22/00 Telcoms. Harper re. same and implications of knowingly false 
representations to Court and pltffs' and plaintiffs' counsel. 
0.6 $216.00 Outside of 
Scope 
4/23/02 Telcom. Cobell re. same. 0.5 $180.00 Outside of 
Scope 
4/23/02 Telcom. Harper re. same. 0.4 $144.00 Outside of 
Scope/ 
Inconsistent 
with Harper bill 
4/24/02 Review implications of Gamboa admissions and willful 
misrepresentations to Court and pltffs' counsel; review all 
filings by government and plaintiffs related thereto and consider 
options to rectify consequences of deception. 
2.9 $1,044.00 Outside of 
Scope 
4/24/02 Telcom. Holt re. same. 0.3 $108.00 Outside of 
Scope/Denied 
4/24/02 Telcom. Levitas re same. 0.7 $252.00 Outside of 
Scope/Denied Gingold Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
4/24/02 Telcom. Cobell re. same. 0.5 $180.00 Outside of 
Scope/Denied 
4/24/02 Telcom. Harper re. same. 0.6 $216.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/Denied 
4/24/02 Telcom. Fasold re. same. 0.2 $72.00 Ouside of 
Scope/Denied 
4/25/02 Telcom. Harper re. same. 0.4 $144.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/Denied 
4/25/02 Telcom. Levitas re same. 0.1 $36.00 Outside of 
Scope/Denied 
5/1/02 Telcom. Craig Lawrence, U.S. Attorney's Office re. Gamboa 
letter and its implications. 
0.2 $72.00 Previously 
Billed/Denied; 
Outside of 
Scope 
5/1/02 Telcoms. Scott Harris, U.S. Attorney's Office, re. same. 0.4 $144.00 Previously 
Billed/Denied; 
Outside of 
Scope 
5/2/02 Telcom. Craig Lawrence, U.S. Attorney's Office, re same. 0.4 $144.00 Previously 
Billed/Denied; 
Outside of 
Scope 
5/2/02 Work on notice of supplemental authority re. Gamboa letter. 0.6 $216.00 Outside of 
Scope/Denied 
5/2/02 Telcoms. Harper re. discussions with U.S. Attorney's office and 
notice of supplemental authority re. Gamboa letter. 
0.9 $324.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/Denied 
5/3/02 Review and revise consolidated motion for leave to amend 
plaintiffs' 2.15.02 MSJ III contempt motion and finding 
pursuant to R 56(g) per newly discovered evidence, i.e., the 
Gamboa letter. 
5.6 $2,016.00 Outside of 
Scope/Denied 
5/3/02 Telcom. Craig Lawrence, U.S. Attorney's Office, re same. 0.1 $36.00 Outside of 
Scope/ 
Previously 
Billed/Denied 
5/4/02 Work on notice of supp. authority, leave to amend 2.15.02 MSJ 
III contempt motion, amendment of MSJ III contempt motion 
per newly discovered evidence. 
3.9 $1,404.00 Outside of 
Scope/Denied Gingold Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
5/5/02 Continue to draft and revise same. 6.3 $2,268.00 Outside of 
Scope/Denied 
5/5/02 Telcom. Harper re. issues and implications re. same. 0.1 $36.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/Denied 
5/6/02 Telcom. Lawrence re. same. 0.2 $72.00 Outside of 
Scope/ 
Previously 
Billed/Denied 
5/6/02 Work on notice of supp. authority, leave to amend 2.15.02 MSJ 
III contempt motion, amendment of MSJ III contempt motion 
per newly discovered evidence. 
5.3 $1,908.00 Outside of 
Scope/Denied 
5/6/02 Telcoms. Harper re. same. 0.2 $72.00 Inonsistent with 
Harper bill; 
Outside of 
Scope/Denied 
5/7/02 Work on motion for leave to amend 2.15.02 MSJ III contempt 
motion, amendment of MSJ III contempt motion per newly 
discovered evidence. 
3.7 $1,332.00 Outside of 
Scope/Denied 
5/7/02 Telcoms. Lawrence re. same. 1.2 $432.00 Outside of 
Scope/Denied 
5/9/02 Telcoms. Harper re. same. 0.3 $108.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/Denied 
5/9/02 Work on motion for leave to amend 2.15.02 MSJ III contempt 
motion, amendment of MSJ III contempt motion per newly 
discovered evidence. 
5.4 $1,944.00 Outside of 
Scope/ Denied 
5/10/02 Work on motion for leave to amend 2.15.02 MSJ III contempt 
motion, amendment of MSJ III contempt motion per newly 
discovered evidence. 
0.2 $72.00 Outside of 
Scope/ Denied 
5/10/02 Telcom. Lawrence re. same. 0.1 $36.00 Outside of 
Scope/ Denied 
5/10/02 Telcom. Harper re. same. 0.1 $36.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/ Denied 
5/12/02 Telecom. Harper re same. 0.2 $72.00 Inconsistent 
with Harper bill; 
Outside of 
Scope /Denied Gingold Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
5/13/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
2.7 $972.00 Outside of 
Scope/ Denied 
5/13/02 Telcoms. Harper re. same. 0.4 $144.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/ Denied 
5/13/02 Telcoms. Levitas re. same. 0.3 $108.00 Outside of 
Scope 
5/14/02 Telcom with Lawrence re. same. 0.4 $144.00 Outside of 
Scope/ Denied 
5/14/02 Discussion with Rempel re. same. 0.1 $36.00 Outside of 
Scope/ Denied 
5/14/02 Telcom. Cobell re. same. 0.4 $144.00 Outside of 
Scope/ Denied 
5/14/02 Telcom. Levitas re same. 0.5 $180.00 Outside of 
Scope/ Denied 
5/15/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
1.8 $648.00 Outside of 
Scope/ Denied 
5/15/02 Telcoms. Harper re. comments to same. 0.4 $144.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/ Denied 
5/16/02 Telcom. Lawrence re. same. 0.1 $36.00 Outside of 
Scope/ Denied 
5/16/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
7.4 $2,664.00 Outside of 
Scope/ Denied 
5/16/02 Telcom. Scott Harris re. same. 0.1 $36.00 Outside of 
Scope/ Denied 
5/17/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
7 $2,520.00 Outside of 
Scope/ Denied 
5/18/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
1.9 $684.00 Outside of 
Scope/ Denied 
5/20/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
2.2 $792.00 Outside of 
Scope/ Denied Gingold Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
5/24/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
4.7 $1,692.00 Outside of 
Scope/ Denied 
5/24/02 Telcom. Lawrence re. same. 0.1 $36.00 Outside of 
Scope/ Denied 
5/24/02 Telcom. Cobell re. same. 0.4 $144.00 Outside of 
Scope/ Denied 
5/24/02 Telcom. Cobell re. same. 0.1 $36.00 Outside of 
Scope/ Denied 
5/25/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
4 $1,440.00 Outside of 
Scope/ Denied 
5/25/02 Telcoms. Harper re. same. 0.2 $72.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/ Denied 
5/26/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
7.1 $2,556.00 Outside of 
Scope/ Denied 
5/27/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
8.8 $3,168.00 Outside of 
Scope/ Denied 
5/27/02 Telcom. Harper re. same. 0.2 $72.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/ Denied 
5/28/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
2.6 $936.00 Outside of 
Scope/ Denied 
5/28/02 Telcom. Lawrence re. same. 0.2 $72.00 Outside of 
Scope/ Denied 
5/30/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
2.5 $900.00 Outside of 
Scope/ Denied 
5/30/02 Telcom. Harper re. same. 0.3 $108.00 Inconsistent 
with Harper bill; 
Outside of 
Scope 
5/31/02 Telcom. Lawrence re. same. 0.1 $36.00 Outside of 
Scope/Denied 
6/1/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
3.4 $1,258.00 Outside of 
Scope/Denied Gingold Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
6/3/02 Telcom. Lawrence re. meet and confer re filing of MSJ III 
contempt motion. 
0.4 $148.00 Outside of 
Scope/Denied 
6/3/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
2 $740.00 Outside of 
Scope/Denied 
6/3/02 Discussion with Rempel re. same. 0.5 $185.00 Outside of 
Scope/Denied 
6/3/02 Telcoms. Harper re. same. 0.3 $111.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/Denied 
6/4/02 Continued telcoms. Lawrence re. meet and confer on MSJ III 
contempt motion. 
0.7 $259.00 Outside of 
Scope/Denied 
6/4/02 Telcoms. Harper re. same. 0.4 $148.00 Outside of 
Scope/Denied 
6/4/02 Finalize motion to amend 2.15 02 MSJ III contempt motion, 
amendment fo MSJ III contempt motion per newly discovered 
evidence. 
8.6 $3,182.00 Outside of 
Scope/Denied 
6/6/02 Research and analyze complex personal service issues re. 
nonparties as to same. 
4 $1,480.00 Outside of 
Scope/Denied 
6/6/02 Telcoms. Scott Harris, U.S. Attorney's Office, re. same. 0.4 $148.00 Outside of 
Scope/Denied 
6/6/02 Telcoms. Lawrence re. same. 0.6 $222.00 Outside of 
Scope/Denied 
6/6/02 Telcoms. Harper re. same. 0.6 $222.00 Outside of 
Scope/Denied 
6/7/02 Telcom. Lawrence re. unresolved personal service issues in 
connection with MSJ III contempt. 
0.1 $37.00 Outside of 
Scope/Denied 
6/7/02 Conference call Rempel, Harper, Brown concerning 
appealability of contempt re. MSJ III contemnors, officially and 
individually, including DOJ attorneys. 
1.1 $407.00 Inconsistent 
with Harper & 
Brown bills; 
Outside of 
Scope/Denied 
6/8/02 Telcoms. Lawrence re. MSJ III personal service logistical 
issues. 
0.5 $185.00 Outside of 
Scope/Denied 
6/8/02 Telcoms. Harper re. same. 1.5 $555.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/Denied 
6/9/02 Telcom. Lawrence re. unresolved personal service issues in 
connection with MSJ III contempt. 
0.1 $37.00 Outside of 
Scope/Denied Gingold Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
6/19/02 Telcom. Lawrence re. production of GAO documents referenced 
in Gamboa letter but withheld by defendants. 
0.5 $185.00 Outside of 
Scope/Denied 
6/20/02 Telcom. Lawrence re. same. 0.1 $37.00 Outside of 
Scope/ 
Previously 
Billed/Denied 
6/20/02 Telcom. Harper re. same. 0.1 $37.00 Outside of 
Scope/Denied/In 
consistent with 
Harper bill 
6/21/02 Telcom. Lawrence re. same. 0.1 $37.00 Previously 
Billed; Outside 
of Scope/Denied 
6/24/02 Telcoms. Lawrence re. same. 0.3 $111.00 Previously 
Billed; Outside 
of Scope/Denied 
6/24/02 Meet with Cobell concerning Gamboa letter and MSJ III. 1 $370.00 Outside of 
Scope/Denied 
6/25/02 Work on reply to MSJ III, including review of defs' cases and 
authorities and begin preparation of draft. 
5 $1,850.00 Outside of 
Scope/Denied 
6/25/02 Telcom. Lawrence re. production of GAO documents referenced 
in Gamboa letter but withheld by defendants. 
0.4 $148.00 Previously 
Billed; Outside 
of Scope/Denied 
6/26/02 Continue work on Gamboa/MSJ III reply; includes research and 
draft revisions. 
2.2 $814.00 Outside of 
Scope/Denied 
6/27/02 Continue work on Gamboa/MSJ III reply; includes research and 
draft revisions. 
1.3 $481.00 Outside of 
Scope/Denied 
6/27/02 Telcom. Harper re. same. 0.1 $37.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/Denied 
6/27/02 Meet with Cobell re. same. 0.4 $148.00 Outside of 
Scope/Denied 
6/28/02 Continue work on Gamboa/MSJ III reply; includes research and 
draft revisions. Consolidated Motion for Leave to Amend and 
Motion to Amend Plaintiffs' February 15, 2002 Summary 
Judgment Contempt Motion and a Contempt Finding Pursuant 
to F.R.C.P. 56(g) in accordance with Newly Discovered 
Evidence: The April 19, 2002 Letter of GAO 
General Counsel Anthony Gamboa to OHTA Director Bert 
Edwards). 
3.7 $1,369.00 Outside of 
Scope/Denied Gingold Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
6/28/02 Telcom. Harper re. same. 0.4 $148.00 Inconsistent 
with Harper bill; 
Outside of 
Scope 
7/1/02 Telcom. Lawrence re. production of GAO documents referenced 
in Gamboa letter but withheld by defendants. 
0.1 $37.00 Outside of 
Scope/Denied 
7/5/02 Telcom. Lawrence re. continued failure to produce GAO 
documents referenced, and in connection, with Gamboa letter. 
0.2 $74.00 Previously 
Billed; Outside 
of Scope/Denied 
7/9/02 Telcom. Lawrence re. continued failure to produce GAO 
documents referenced, and in connection, with Gamboa letter. 
0.5 $185.00 Previously 
Billed; Outside 
of Scope/Denied 
7/11/02 Telcom. Lawrence re. continued failure to produce GAO 
documents referenced, and in connection with Gamboa letter. 
0.4 $148.00 Previously 
Billed; Outside 
of Scope/Denied 
7/19/02 Prepare letter to Lawrence re. continued failure to produce GAO 
documents referenced, and in connection with, Gamboa letter, 
particularly with respect to docs. created, or received, by 
Interior and Treasury in response to GAO general counsel's 
opinion that IIM accounts were not settled. 
1 $370.00 Outside of 
Scope/Denied 
7/29/02 Telcom. Lawrence re. same. 0.3 $111.00 Previously 
Billed; Outside 
of Scope/Denied 
7/30/02 Prepare letter response to Lawrence re. same. 0.3 $111.00 Previously 
Billed; Outside 
of Scope/Denied 
8/6/02 Telcom. Lawrence re. same. 0.3 $111.00 Previously 
Billed; Outside 
of Scope/Denied 
8/7/02 Telcom. Lawrence re. same. 0.1 $37.00 Previously 
Billed; Outside 
of Scope/Denied 
8/8/02 Review first production of docs. referenced in Gamboa letter 
further demonstrating bad faih of defs' in filing MSJ III. 
1.3 $481.00 Outside of 
Scope/Denied 
9/13/02 Telcoms. Lawrence re. production of remaining relevant 
Gamboa related docs. 
0.2 $74.00 Outside of 
Scope/Denied 
9/16/02 Telcom. Lawrence re. same. 0.1 $37.00 Outside of 
Scope/Denied 
1/28/03 Conference call Harper and Brown re. need to file MSJ 
declaring settlement of disbursing officer accounts does not 
settle or constitute accounting of IIM Trust accounts. 
0.4 $148.00 Outside of 
Scope; 
Inconsistent 
with Brown & 
Harper bills Gingold Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
1/30/03 Review documents in support of statement of undesputed 
material facts re. MSJ settlements of Account. Review and 
revise Plaintiffs' Motion for Partial Summary Judgment as to the 
NonSettlement of Accounts and Defendants' Failure to Perform 
the Accounting, in Whole or Part, Ordered by this Court on 
December 21, 1999 and Plaintiffs' Statement of Material Fasts 
as to Which There is No Genuine Issue in Support of Motion 
for Partial Summary Judgment. 
6.1 $2,257.00 Outside of 
Scope 
1/31/03 Telcom. Harper re. same. 0.3 $111.00 Outside of 
Scope; 
Inconsistent 
with Harper bill 
1/31/03 Review and revise motion for partial summary judgment and 5.4 $1,998.00 Outside of 
Scope 
2/3/03 Finalize revisions and refinement of motion for partial summary 
judgment and undisputed material facts. 
6.1 $2,257.00 Outside of 
Scope 
2/15/03 Telcom. Harper re. same and opp. to defs' motion to strike GAO 
MSJ. 
0.4 $148.00 Outside of 
Scope; 
Inconsistent 
with Harper bill 
2/21/03 Revise and redraft Reply to defs' opp. to GAO MSJ. 3.6 $1,332.00 Outside of 
Scope 
2/21/03 Telcoms. Harper re. same. 0.4 $148.00 Outside of 
Scope; 
Inconsistent 
with Harper bill 
2/21/03 Telcom. Levitas re same. 0.2 $74.00 Outside of 
Scope 
2/24/03 Telcom. Harper re. same. 0.4 $148.00 Outside of 
Scope; 
Inconsistent 
with Harper bill 
2/24/03 Telcoms. Levitas re. same. 0.5 $185.00 Outside of 
Scope; 
2/26/03 Telcom. Levitas re same. 0.1 $37.00 Outside of 
Scope Gingold Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
2/27/03 Prepare affidavit in support of Plaintiffs' Consolidated Motion 
to Treat as Conceded Plaintiffs' Motion for Partial Summary 
Judgment as to the NonSettlement of Accounts and Defendants' 
Failure to Perform the Accounting, in Whole or Part, Ordered 
by this Court on December 21, 1999 and to Strike as Untimely 
Defendants' Opposition to Plaintiffs' Motion for Partial 
Summary Judgment as to NonSettlement of Accounts, or in the 
Alternative, Motion for Enlargement of Time Within Which to 
Reply to Defendants' Opposition Brief; review and revise 
motion to strike as conceded Plaintiffs' Motion for Partial 
Summary Judgment. 
4.3 $1,591.00 Outside of 
Scope 
3/8/03 Review and Revise draft Motion to Continue and Enlargement 
of Time re. GAO Summary Judgment. 
5.5 $2,035.00 Outside of 
Scope 
3/12/03 Review and revise Plaintiffs' Motion to Continue Defendants' 
Motions for Summary Judgment Pursuant to Fed. R. Civ. P. 
56(f) and to Enlarge Plaintiffs' Time to Respond 
Thereto and Affidavit of Dennis Gingold in Support Thereof 
and draft affidivate which avers, among other things, that 8 
requests for docs. regarding the April 19, 2002 Gamboa letter 
remained unsatisifed, affecting plaintiffs' ability to 
provide fully informed opposition to defs' motion. 
4.3 $1,591.00 Outside of 
Scope 
3/10/03 Review documents and begin draft affidavit in support of 
Motion to Continue GAO MSJ due to failure of defendants' to 
produced relevant referenced docuements. 
3.8 $1,406.00 Outside of 
Scope 
3/12/03 Continue such review and preparation of affidavit. 0.3 $111.00 Outside of 
Scope 
3/13/03 Finalize same and prepare affidavit in support of Plaintiffs' 
Motion to Continue Motions for Summary Judgment due to 
failure of defendants to produce documents relevant to GAO 
Settlements issues, including evidence related to Defendants' 
Statement of Material Facts in Support of Motion for Partial 
Summary Judgment re. April 19, 2002 Gamboa letter and 
document references contained therein. 
7.4 $2,738.00 Outside of 
Scope 
3/13/03 Telcom. Harper re. same. 0.3 $111.00 Outside of 
Scope 
4/7/03 Review and revise Plaintiffs' Reply re. Motion to Continue 
Defendants' Motions for Summary Judgment Pursuant to Fed. 
R. Civ. P. 56(f) and to Enlarge Plaintiffs' Time to Respond 
Thereto due to defs' refusal to comply with relevant doc. 
production requests. 
1.3 $481.00 Outside of 
Scope 
4/8/03 Review and revise Opposition to Defendants' Latest Motion for 
Reconsideration with Respect to this Court's March 11, 2003 
Memorandum and Order and Request for Enlargement of Time 
Within Which to Submit Filing Detailing Amount of 
Reasonable Expenses and Attorneys' Fees Incurred. 
2.9 $1,073.00 Outside of 
Scope Gingold Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
4/9/03 Review and Revise Plaintiffs' Reply to Defendants' Opposition 
to Plaintiffs' Motion for Partial Summary Judgment as to the 
NonSettlement of Accounts. 
4.2 $1,554.00 Outside of 
Scope 
6/7/04 Review relevant memoranda and orders and diary entries, 
allocate and begin preparation of time 
7 $2,730.00 Outside of 
Scope 
6/7/04 Telcom. Harper re. scope of orders and time allocation issues. 0.4 $156.00 Outside of 
Scope 
6/8/04 Allocate, review briefs, other filings, affidavits, related briefs, 
and prepare time in accordance with GAO sanctions decision. 
8.3 $3,237.00 Outside of 
Scope 
6/9/04 Telcoms. Harper re. same. 0.7 $273.00 Outside of 
Scope; 
Inconsistent 
with Harper bill 
6/9/04 Allocate and prepare time in accordance with GAO sanctions 
decision. 
5.1 $1,989.00 Outside of 
Scope 
6/10/04 Allocate and prepare time in accordance with GAO sanctions 
decision. 
8.4 $3,276.00 Outside of 
Scope 
6/11/04 Allocate and prepare time in accordance with GAO sanctions 
decision. 
6.5 $2,535.00 Outside of 
Scope 
6/12/04 Allocate and prepare time in accordance with GAO sanctions 
decision. 
4 $1,560.00 Outside of 
Scope 
6/13/04 Allocate and prepare time in accordance with GAO sanctions 
decision. 
4.8 $1,872.00 Outside of 
Scope 
6/14/03 Begin preparation of affidavit in support of fee application. 
Allocate and prepare time in accordance with GAO sanctions 
decision. 
5.7 $2,223.00 Outside of 
Scope 
6/14/04 Revise draft affidavit in support of GAO fee request. 1 $390.00 Outside of 
Scope 
6/14/04 Telcom. Harper re. GAO time and scope of roders 0.2 $78.00 Outside of 
Scope; 
Inconsistent 
with Harper bill 
6/15/04 Allocate and adjust time in accordance with GAO sanctions 
decision; revise draft affidavit; review Rempel time and 
affidavit to confirm accuracy and fairness; discuss issues with 
Rempel re same. 
7 $2,730.00 Outside of 
Scope 
6/16/04 Review and revise GAO Fee Schedule to correct errors and 
clarify per discussions with Rempel and Harper as to scope of 
Orders and work performed in connection with defendants’ 
repeated filing of false Sapienza declaration. Revise affidavit to 
conform to such discussion. 
1.6 $624.00 Outside of 
Scope Gingold Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
6/16/04 Conference call Rempel and Harper to confirm accuracy of time 
entries and scope of action taken in connection with protection 
of class re. defs’ repeated filing of false Sapienza declaration. 
2 $780.00 Outside of 
Scope; 
Inconsistent 
with Harper bill 
6/16/04 Conference call Rempel, Harper, and Brown re. same. 1 $390.00 Outside of 
Scope; 
Inconsistent 
with Harper & 
Brown bills 
6/17/04 Continue revision of affidavit in conformity with same. 0.9 $351.00 Outside of 
Scope 
6/17/04 Telcom. Harper re. same. 0.2 $78.00 Outside of 
Scope 
6/19/04 Revise transmittal papers to Court in accordance with comments 
from Rempel and Harper. 
0.8 $312.00 Outside of 
Scope 
6/19/04 Telcoms. Harper re. same and comments re. affidavits. 0.5 $195.00 Outside of 
Scope; 
Inconsistent 
with Harper bill 
6/20/04 Draft memorandum to Brown re. clarification of Brown 
affidavit and time. 
0.4 $156.00 Outside of 
Scope 
6/21/04 Telcoms. Harper re. clarification of affidavits and time entries in 
conformity with order. 
0.5 $195.00 Outside of 
Scope; 
Inconsistent 
with Harper bill 
6/21/04 Review Brown revisions. 0.3 $117.00 Outside of 
Scope 
6/21/04 Provide comments to Brown on additional revision. 0.2 $78.00 Outside of 
Scope 
6/21/04 Continuing preparation of GAO time. 0.3 $117.00 Outside of 
Scope 
Total 362.5 $133,441.00 Rempel Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
6/2/00 Meet and Confer /w DOI and DOI counsel before Special 
Master re various motions. Includes discussion w/ Dennis 
Gingold, Mark Brown between meetings and preparation and 
review of the existing status of discovery. During the course of 
this meeting Assistant Secretary Don Hammond confirmed that 
the settlement of accounts process did not constitute an 
accounting of the individual Indian trust accounts. 
6.5 $1,462.50 Outside of 
Scope 
12/15/01 Review material, including facsimiles from the Department of 
Justice and discovery material and prepare for contempt trial. 
4.0 $900.00 Outside of 
Scope 
12/16/01 Review material, including facsimiles from the Department of 
Justice and discovery material and prepare for contempt trial. 
2.5 $562.50 Outside of 
Scope 
2/4/02 Review Defs' Motion to Withdrawal Motions for Summary 
Judgment. Edit, draft Opposition to Defs' Motion to Withdraw 
MSJ. 
2.8 $630.00 Outside of 
Scope; Pltfs 
did not prevail 
on Opposition 
to Motion to 
Withdraw 
2/10/02 Edit, draft Opposition to Defs' Motion to Wthdrawal MSJ. 
Includes review of trial testimony and exhibits attached to 
original MSJ. 
5.9 $1,327.50 Outside of 
Scope; Pltfs 
did not prevail 
on Opposition 
to Motion to 
Withdraw 
2/11/02 Edit, draft Opposition to Defs' Motion to Wthdrawal MSJ. 5.5 $1,237.50 Outside of 
Scope; Pltfs 
did not prevail 
on Opposition 
to Motion to 
Withdraw 
2/12/02 Edit, draft Opposition to Defs' Motion to Wthdrawal MSJ. 9.5 $2,137.50 Outside of 
Scope; Pltfs 
did not prevail 
on Opposition 
to Motion to 
Withdraw 
2/14/02 CC w/ Elouise Cobell, Dennis Gingold e Defs' 3rd MSJ and 
motion to withdrawal. 
0.4 $90.00 Outside of 
Scope; Pltfs 
did not prevail 
on Opposition 
to Motion to 
Withdraw 
2/14/02 Prepare opposition to motion to withdrawal MSJ's and crossmotions 
for summary judgment and sanctions for seeking to 
mislead the Court. 
8.4 $1,890.00 Outside of 
Scope; Pltfs 
did not prevail 
on Opposition 
to Motion to 
Withdraw 
r
Rempel Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
2/15/02 CC w/ Elouise Cobell, Dennis Gingold re Defs' 3rd MSJ and 
motion to withdrawal. 
0.5 $112.50 Outside of 
Scope; Pltfs 
did not prevail 
on Opposition 
to Motion to 
Withdraw 
2/15/02 Prepare opposition to motion to withdrawal MSJ's and crossmotions 
for summary judgment and sanctions for seeking to 
mislead the Court. File and service opposition. 
6.8 $1,530.00 Outside of 
Scope; Pltfs 
did not prevail 
on Opposition 
to Motion to 
Withdraw 
3/5/02 Review defendants' opposition to plaintiffs MSJ (incl. 
settlement of accounts) and prepare to draft reply. 
5.0 $1,125.00 Outside of 
Scope; 
Adjusted to 
$95/hour 
3/5/02 CC w/ Elouise Cobell re Defendants' 3rd MSJ and ubsequent 
withdrawal. 
0.3 $67.50 Outside of 
Scope; Pltfs 
did not prevail 
on Opposition 
to Motion to 
Withdraw 
3/6/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). 
7.2 $1,620.00 Outside of 
Scope; 
Adjusted to 
$95/hour 
3/7/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). 
8.0 $1,800.00 Outside of 
Scope; 
Adjusted to 
$95/hour 
3/8/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). 
6.5 $1,462.50 Outside of 
Scope; 
Adjusted to 
$95/hour 
3/9/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). 
2.5 $562.50 Outside of 
Scope; 
Adjusted to 
$95/hour 
3/10/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). 
1.5 $337.50 Outside of 
Scope; 
Adjusted to 
$95/hour 
3/11/02 CC with Elouise Cobell, Dennis Gingold re Defs' 3rd MSJ and 
drafting of reply in support of Plaintiffs' MSJ re settlement of 
accounts. 
1.2 $270.00 Outside of 
Scope; 
Adjusted to 
$95/hour 
s
Rempel Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
3/11/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). 
1.5 $337.50 Outside of 
Scope; 
Adjusted to 
$95/hour 
3/11/02 Discuss w/ Dennis Gingold re Defendants' 3rd MSJ and drafting 
of reply in support of Plts' MSJ re settlement of accounts. 
0.8 $180.00 Outside of 
Scope; 
Adjusted to 
$95/hour 
3/12/02 Discuss w/ Dennis Gingold re Defendants' 3rd MSJ and drafting 
of reply in support of Plts' MSJ re settlement of accounts. 
0.6 $135.00 Outside of 
Scope; 
Adjusted to 
$95/hour 
3/12/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). 
6.0 $1,350.00 Outside of 
Scope; 
Adjusted to 
$95/hour 
3/13/02 CC w/ Elouise Cobell, Dennis Gingold re Defs' 3rd MSJ and 
drafting of reply in support of Plaintiffs' MSJ re settlement of 
accounts. 
0.4 $90.00 Outside of 
Scope; 
Adjusted to 
$95/hour 
3/13/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). File and serve reply. 
11.2 $2,520.00 Outside of 
Scope; 
Excessive; 
Time; Gingold 
bills 13.2 hrs. 
for "finalizing 
revisions and 
refinement" of 
reply draft 
5/6/02 Notice of Supplemental Authority - Draft, prepare, file and 
serve notice regarding GAO letter from GAO General Counsel 
to Bert Edwards, Director of OHTA re settlement of accounts 
process. 
2.6 $585.00 Outside of 
Scope; 
Previously 
Billed 
5/9/02 Draft and edit Plaintiffs' Consolidated Motion for Leave to 
Amend and Motion to Amend Plaintiffs' February 15, 2002 
Summary Judgment Contempt Motion and a Contempt Finding 
Pursuant to F.R.C.P. 56(g) in Accordance with Newly 
Discovered Evidence: the April 19, 2002 Letter of GAO 
General Counsel Anthony Gamboa to OHTA Director Bert 
Edwards. 
4.5 $1,012.50 Outside of 
Scope Rempel Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
5/14/02 Draft and edit Plaintiffs' Consolidated Motion for Leave to 
Amend and Motion to Amend Plaintiffs' February 15, 2002 
Summary Judgment Contempt Motion and a Contempt Finding 
Pursuant to F.R.C.P. 56(g) in Accordance with Newly 
Discovered Evidence: the April 19, 2002 Letter of GAO 
General Counsel Anthony Gamboa to OHTA Director Bert 
Edwards. 
3.8 $855.00 Outside of 
Scope 
5/14/02 Discuss w/ Dennis Gingold re motion to amend GAO Motion 
for Summary Judgment. 
0.1 $22.50 Outside of 
Scope 
5/15/02 Draft and edit Plaintiffs' Consolidated Motion for Leave to 
Amend and Motion to Amend Plaintiffs' February 15, 2002 
Summary Judgment Contempt Motion and a Contempt Finding 
Pursuant to F.R.C.P. 56(g) in Accordance with Newly 
Discovered Evidence: the April 19, 2002 Letter of GAO 
General Counsel Anthony Gamboa to OHTA Director Bert 
Edwards. 
4.8 $1,080.00 Outside of 
Scope 
5/30/02 Draft and edit Plaintiffs' Consolidated Motion for Leave to 
Amend and Motion to Amend Plaintiffs' February 15, 2002 
Summary Judgment Contempt Motion and a Contempt Finding 
Pursuant to F.R.C.P. 56(g) in Accordance with Newly 
Discovered Evidence: the April 19, 2002 Letter of GAO 
General Counsel Anthony Gamboa to OHTA Director Bert 
Edwards. 
1.5 $337.50 Outside of 
Scope 
6/3/02 Draft and edit Plaintiffs' Consolidated Motion for Leave to 
Amend and Motion to Amend Plaintiffs' February 15, 2002 
Summary Judgment Contempt Motion and a Contempt Finding 
Pursuant to F.R.C.P. 56(g) in Accordance with Newly 
Discovered Evidence: the April 19, 2002 Letter of GAO 
General Counsel Anthony Gamboa to OHTA Director Bert 
Edwards. 
0.7 $157.50 Outside of 
Scope 
6/3/02 Discuss w/ Dennis Gingold re motion to amend and Defs' 3rd 
MSJ (re settlement of accounts process). 
0.5 $112.50 Outside of 
Scope 
6/4/02 Draft and edit Plaintiffs' Consolidated Motion for Leave to 
Amend and Motion to Amend Plaintiffs' February 15, 2002 
Summary Judgment Contempt Motion and a Contempt Finding 
Pursuant to F.R.C.P. 56(g) in Accordance with Newly 
Discovered Evidence: the April 19, 2002 Letter of GAO 
General Counsel Anthony Gamboa to OHTA Director Bert 
Edwards . 
6.5 $1,462.50 Outside of 
Scope 
6/6/02 Discuss w/ Dennis Gingold re GAO motion to amend and 
sanctions. 
0.7 $157.50 Outside of 
Scope 
6/6/02 CC w/ investigator re service of motion to amend for 
individuals personally identified in that motion. 
0.2 $45.00 Outside of 
Scope 
6/7/02 CC w/ Mark Brown, Keith Harper, Dennis Gingold re 
appealability of contempt in the context of GAO sanctions 
memorandum. 
1.1 $247.50 Outside of 
Scope Rempel Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
6/22/02 Draft and edit Reply in support of Plaintiffs' Consolidated 
Motion for Leave to Amend and Motion to Amend Plaintiffs' 
February 15, 2002 Summary Judgment Contempt Motion and a 
Contempt Finding Pursuant to F.R.C.P. 56(g) in Accordance 
with Newly Discovered Evidence: the April 19, 2002 Letter of 
GAO General Counsel Anthony Gamboa to OHTA Director 
Bert Edwards. 
4.5 $1,012.50 Outside of 
Scope 
6/23/02 Draft and edit Reply in support of Plaintiffs' Consolidated 
Motion for Leave to Amend and Motion to Amend Plaintiffs' 
February 15, 2002 Summary Judgment Contempt Motion and a 
Contempt Finding Pursuant to F.R.C.P. 56(g) in Accordance 
with Newly Discovered Evidence: the April 19, 2002 Letter of 
GAO General Counsel Anthony Gamboa to OHTA Director 
Bert Edwards. 
5.2 $1,170.00 Outside of 
Scope 
6/24/02 Draft and edit Reply in support of Plaintiffs' Consolidated 
Motion for Leave to Amend and Motion to Amend Plaintiffs' 
February 15, 2002 Summary Judgment Contempt Motion and a 
Contempt Finding Pursuant to F.R.C.P. 56(g) in Accordance 
with Newly Discovered Evidence: the April 19, 2002 Letter of 
GAO General Counsel Anthony Gamboa to OHTA Director 
Bert Edwards. 
2.1 $472.50 Outside of 
Scope 
6/24/02 Meet w/ Elouise Cobell re Defs' 3rd MSJ and reply in support 
of motion to amend. 
1.2 $270.00 Outside of 
Scope 
6/25/02 Draft and edit Reply in support of Plaintiffs' Consolidated 
Motion for Leave to Amend and Motion to Amend Plaintiffs' 
February 15, 2002 Summary Judgment Contempt Motion and a 
Contempt Finding Pursuant to F.R.C.P. 56(g) in Accordance 
with Newly Discovered Evidence: the April 19, 2002 Letter of 
GAO General Counsel Anthony Gamboa to OHTA Director 
Bert Edwards. 
5.3 $1,192.50 Outside of 
Scope 
6/25/02 Work with investigator to locate individuals identified in 
plaintiffs reply in support of motion to amend. 
1.5 $337.50 Outside of 
Scope 
6/26/02 Draft and edit Reply in support of Plaintiffs' Consolidated 
Motion for Leave to Amend and Motion to Amend Plaintiffs' 
February 15, 2002 Summary Judgment Contempt Motion and a 
Contempt Finding Pursuant to F.R.C.P. 56(g) in Accordance 
with Newly Discovered Evidence: the April 19, 2002 Letter of 
GAO General Counsel Anthony Gamboa to OHTA Director 
Bert Edwards. 
6.4 $1,440.00 Outside of 
Scope 
6/27/02 Draft and edit Reply in support of Plaintiffs' Consolidated 
Motion for Leave to Amend and Motion to Amend Plaintiffs' 
February 15, 2002 Summary Judgment Contempt Motion and a 
Contempt Finding Pursuant to F.R.C.P. 56(g) in Accordance 
with Newly Discovered Evidence: the April 19, 2002 Letter of 
GAO General Counsel Anthony Gamboa to OHTA Director 
Bert Edwards. 
5.6 $1,260.00 Outside of 
Scope Rempel Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
6/28/02 Draft and edit Reply in support of Plaintiffs' Consolidated 
Motion for Leave to Amend and Motion to Amend Plaintiffs' 
February 15, 2002 Summary Judgment Contempt Motion and a 
Contempt Finding Pursuant to F.R.C.P. 56(g) in Accordance 
with Newly Discovered Evidence: the April 19, 2002 Letter of 
GAO General Counsel Anthony Gamboa to OHTA Director 
Bert Edwards. 
1.9 $427.50 Outside of 
Scope 
4/8/03 Draft and edit Opposition to defendants' motion to reconsider 
the Court's GAO sanctions memorandum opinion awarding 
plaintiffs' sanctions for the deliberate filing of a false and 
misleading affidavit (Sapienza). 
8.5 $1,912.50 Outside of 
Scope 
5/26/04 Review GAO Order; Consider order in context delay and year 
old otion for reconsideration. Review original 3/11/03 
sanctions order. 
1.5 $337.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
5/26/04 Review time sheets for GAO-related material. Begin process of 
compiling time sheets. 
1.5 $337.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/4/04 Compile GAO Sanctions time. Includes reviewing time sheets 
and determining whether such time should be included in 
application. 
5.1 $1,147.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/4/04 Discuss w/ Dennis Gingold regarding GAO fees and 
application. 
0.4 $90.00 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/5/04 Compile GAO Sanctions time. Includes reviewing time sheets 
and determining whether such time should be included in 
application. 
1.2 $270.00 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/6/04 Compile GAO Sanctions time. Includes reviewing time sheets 
and determining whether such time should be included in 
application. 
2.5 $562.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/6/04 Discuss w/ DG re GAO memorandum opinion and compiling 
time for application. Includes discussion of affidavits to be 
included. 
0.3 $67.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/7/04 Compile GAO Sanctions time. Includes reviewing time sheets 
and determining whether such time should be included in 
application. 
6.1 $1,372.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/7/04 Draft affidavit in connection with GAO sanctions memorandum 
$292.50. 
1.3 $292.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
m
Rempel Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
6/8/04 Compile GAO Sanctions time. Includes reviewing time sheets 
and determining whether such time should be included in 
application. 
1.5 $337.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/9/04 Discuss GAO Sanctions and compilation of hours with Dennis 
Gingold. 
1.2 $270.00 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/10/04 Discuss GAO Sanctions and compilation of hours with Dennis 
Gingold. 
0.4 $90.00 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/10/04 Discuss GAO Sanctions and compilation of hours with Dennis 
Gingold. 
3.1 $697.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/11/04 Draft affidavit in support of GAO application. 2.1 $472.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/11/04 Discuss with Dennis Gingold re GAO fee and expense 
application. 
0.4 $90.00 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/14/04 Compile time records in support of GAO fee and expense 
application; includes review of draft cover prepared by Mark 
Brown. 
4.3 $967.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/15/04 Review Dennis Gingold hours, convert electronic file for 
editing, correct conversion errors. 
2.1 $472.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/15/04 Review Dennis Gingold affidavit. 0.5 $112.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/15/04 Review and edit Rempel affidavit. 0.7 $157.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/15/04 Discuss GAO with Dennis Gingold. 1.1 $247.50 Outside of 
Scope; 
Adjusted to 
$105/hr. Rempel Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
6/16/04 Compile time records in support of GAO fee and expense 
application; includes review of draft cover prepared by Mark 
Brown. 
1.8 $405.00 Outside of 
Scope; 
Previously 
Billed 
6/16/04 Discuss w/ Dennis Gingold re GAO application. 0.5 $112.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/16/04 Review, edit Gingold Time and expense application. 2.2 $495.00 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/17/04 CC w/ Keith Harper, Dennis Gingold (Mark Brown some) re 
GAO application. 
2.0 $450.00 Outside of 
Scope; 
Inconsistent 
with Harper 
bill 
6/17/04 Edit, Dennis Gingold GAO time. 1.6 $360.00 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/17/04 Edit, review Rempel time and application. 0.5 $112.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/17/04 Review Mark Brown time and expense. 2.4 $540.00 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/17/04 Discuss w/ Dennis Gingold re GAO time. 0.8 $180.00 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/18/04 CC w/ Keith Harper, Dennis Gingold e GAO application and 
memorandum. 
0.2 $45.00 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/18/04 Review and edit Gingold Time and expense for GAO 
application. 
0.3 $67.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/18/04 Update Rempel Affidavit and supporting GAO schedule. 1.1 $247.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
r
Rempel Entries Outside of Scope of Court Order 
Date Matter 
Time 
Claimed 
Amount 
Objection 
6/19/04 Discuss GAO application with Dennis Gingold. 0.4 $90.00 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/21/04 Review Brown GAO time and affidavit. 0.9 $202.50 Outside of 
Scope; 
Adjusted to 
$105/hr. 
6/21/04 Finalize edits and serve GAO application. 3.2 $720.00 Outside of 
Scope; 
Adjusted to 
$105/hr. 
Total 229.9 $51,727.50 Harper Entries Outside of Scope of Court Order 
Date Matter Time Claimed 
Amount 
Objection 
12/10/00 Review government filings including motion for sanctions and 
reply motion for summary judgement on the settlement of 
accounts by GAO Pre-1951 
2.5 $512.50 Outside of 
scope 
2/14/02 Review draft brief in opposition to motion to withdraw and 
cross motion for summary judgement and discuss same with DG 
1.5 $390.00 Outside of 
scope 
3/6/02 Telephone call from DG re: MSJ withdrawal and sanctions 
request 
0.4 $104.00 Outside of 
scope, 
Inconsistent 
with 
Gingold's bill 
3/12/02 Review and edit draft MSJ waiver brief and sanctions request 
reply 
2 $520.00 Outside of 
scope 
6/4/02 Review and edit GAO contempt supplemental and amendment 3.5 $927.50 Outside of 
scope 
1/29/03 Conference call with IIM team re: response to government's Jan 
6 plans and need for GAO summary judgement motion 
1.1 Outside of 
scope 
1/31/03 Draft and finalize GAO summary judgement motion; edit; 
review and add additional authorities; finalize order and 
statement of incontraverted facts 
8 $2,120.00 Outside of 
scope 
3/12/03 Review opinion of court re: GAO "settlement of Accounts" and 
false affidavit; sanctions granted 
1 $265.00 Outside of 
scope 
4/8/03 Draft and edit opposition to motion for reconsideration for 
GAO sanctions award 
2.5 $662.50 Outside of 
scope 
4/12/03 Draft Plaintiffs reply in further support of MSJ on GAO failure 
to provide accounting 
4.5 $1,192.50 Outside of 
scope 
4/13/03 Draft and edit and discuss with co-counsel-plaintiffs reply in 
support of MSJ on GAO failure to settle accounts 
5 $1,325.00 Outside of 
scope 
4/14/03 Finalize reply in support of MSJ re: GAO failure to settle 
accounts 
3.3 $874.00 Outside of 
scope 
6/2/04 Review opinion denying motion for reconsideration for 
GAO/Sapienza bad faith affidavit fees and expenses 
0.4 $134.00 Outside of 
scope 
6/7/04 Review Time records for GAO/Sapenza atement of fees and 
expenses 
2.5 $837.50 Outside of 
scope 
6/7/04 Confer with DG re: GAO expenses and cover sheet for 
GAO/Sapenza bad faith affidavit 
0.5 $167.50 Outside of 
scope 
6/16/04 Review time records to determine what claims court's May 11 
order granting fees for GAO MSJ and Sapienza bad faith 
affidavit 
2.1 $703.50 Outside of 
scope 
6/17/04 Review edit cover memorandum to support fee application in 
compliance with courts May 11 order granting fees for GAO 
MSJ and Sapienza bad faith affidavit 
3 $1,005.00 Outside of 
scope 
$291.50 
st
Harper Entries Outside of Scope of Court Order 
Date Matter Time Claimed 
Amount 
Objection 
6/17/04 Conference call to DG and GR to discuss scope of courts May 
11th order granting fees for GAO MSJ and Sapienza bad faith 
affidavit and review time jointly to ensure accuracy 
2 $670.00 Outside of 
scope; 
Inconsistent 
with 
Gingold's & 
Rempel's bill 
6/18/04 Draft affidavit in support of fee application in compliance with 
court's May 11 order granting fees for GAO MSJ and Sapienza 
bad faith affidavit; finalize time record claims; review prior 
decisions to ensure conformity with prior judicial guidance 
4.7 $1,574.50 Outside of 
scope 
Total 50.5 $14,276.50 
Total Time and Amount Claimed Outside of Scope of Order 
Time Claimed Amount 
Total 713.1 $225,415.32 REVIEW OF GINGOLD SCHEDULE: FEES PREVIOUSLY SUBMITTED 
06/21/04, 
11/18/02 & 
11/05/02 
Affidavits 
Items # 
Date Matter Time Claimed 
Amount 
Objection Adjusted 
Amount 
1 6/2/00 Prepare for Special Master meeting re. 
Defendants misrepresentation re. settlement 
of Indian disbursing officer accounts as 
accounting IIM trust accounts 
0.8 $280.00 Previously 
Billed / Denied 
$0.00 
2 6/2/00 Accompanied by Rempel, met with Master, 
DOJ, DOI, & DOT re. production of 
accounting docs. relevant to Cobell 
litigation, including all documentation that 
purports to represent the settlement of IIM 
accounts in the custody or control of 
disbursement officers. Brooks represented 
that the settlement of Disbursing officer 
accounts also settled IIM accounts. Asst. 
Secretary of the Treasury Don Hammond 
confirmed that the settlement of disbursing 
officer accounts did not result in an 
accounting of IIM trust accounts. 
2.1 $735.00 Previously 
Billed / Denied 
$0.00 
3 7/5/00 Telcoms. Holt re. GAO summary 
judgment/accounting 
0.7 $245.00 Previously 
Billed / Denied 
$0.00 
4 7/25/00 Draft MSJ surreply re. Defs' material 
misrepresentations re. GAO 
1.7 $595.00 Previously 
Billed / Denied 
$0.00 
5 9/24/00 Review MSJ, note defs' claims, identify 
responses, and assess authorities in 
opposition to such claims. 
0.7 $245.00 Previously 
Billed / Denied 
$0.00 
6 9/24/00 Review relevant documents and prepare 
letters to Brooks and Ferrell concerning 
same and in response to letters defending 
MSJ claims. 
2.2 $770.00 Previously 
Billed / Denied 
$0.00 
7 9/25/00 Work on MSJ III response; begin review 
legal authorities, e.g., 
"Law of Appropriations" and cases and 
Comptroller General discussion of nature 
and scope of settlement of accounts process 
and legal impact; begin review of 
documents related thereto. 
8 $2,800.00 Previously 
Billed / Denied 
$0.00 
8 9/25/00 Telcoms. Harper re. nature and scope of 
settlements-of-account process per 
Comptroller General. 
0.3 $105.00 Previously 
Billed / Denied 
$0.00 
9 9/26/00 Continue document review, revisions, legal 
research for MSJ III response. 
4.5 $1,575.00 Previously 
Billed / Denied 
$0.00 
10 9/26/00 Telcom. Harper re. MSJ III draft. 0.2 $70.00 Previously 
Billed / Denied 
$0.00 
11 9/26/00 Telcom. Holt re. same. 0.3 $105.00 Previously 
Billed / Denied 
$0.00 REVIEW OF GINGOLD SCHEDULE: FEES PREVIOUSLY SUBMITTED 
06/21/04, 
11/18/02 & 
11/05/02 
Affidavits 
Items # 
Date Matter Time Claimed 
Amount 
Objection Adjusted 
Amount 
12 9/28/00 Continue document review, revisions, legal 
research for MSJ III response 
6.2 $2,170.00 Previously 
Billed / Denied 
$0.00 
13 9/28/00 Telcom. Harper re. MSJ III draft. 0.4 $140.00 Previously 
Billed / Denied 
$0.00 
14 9/30/00 Continue document review, revisions, legal 
research for MSJ III response 
5 $1,750.00 Previously 
Billed / Denied 
$0.00 
15 10/1/00 Continue document review, revisions, legal 
research for MSJ IIIresponse 
1 $350.00 Previously 
Billed / Denied 
$0.00 
16 10/4/00 Telcoms. with Harper re. MSJ III response. 1.4 $490.00 Previously 
Billed / Denied 
$0.00 
17 10/5/00 Telcom. Interior witness confirming false 
GAO MSJ. 
0.1 $35.00 Previously 
Billed / Denied 
$0.00 
18 10/7/00 Continue work on MSJ III response; 
continue review of legal authorities; 
documents, including data reports, oil & gas 
reports, and assessments of nature and 
scope of settlements process re. the 
class. 
9.1 $3,185.00 Previously 
Billed / Denied 
$0.00 
19 10/7/00 Telcoms. with Harper re. MSJ III 
documentation issues given the refusal of 
Interior and Treasury to produce documents 
to support their settlement of account 
claims. 
0.9 $315.00 Previously 
Billed / Denied 
$0.00 
20 10/8/00 Continue document review, revisions, legal 
research for MSJ III response. Includes 
review of data reports, oil & gas reports, 
and assessments of nature and scope of 
settlements process re. the class; compare 
"accounting" to desk audits by GAO and 
Treasury of disbursing officer reports. 
3.9 $1,365.00 Previously 
Billed / Denied 
$0.00 
21 10/28/00 Revise and redraft draft opposition to MSJ 
III. 
4.5 $1,575.00 Previously 
Billed / Denied 
$0.00 
22 10/28/00 Telcom. Harper re. MSJ III issues. 0.5 $175.00 Previously 
Billed / Denied 
$0.00 
23 10/29/00 Revise and redraft draft opposition to MSJ 
III. 
4 $1,400.00 Previously 
Billed / Denied 
$0.00 
24 10/29/00 Telcom. Harper re. defendants' 
misrepresentations regarding 
settlement of accounts v. accounting. 
0.1 $35.00 Previously 
Billed / Denied 
$0.00 
25 10/30/00 Continue revisions of MSJ III draft 
response. 
4.6 $1,610.00 Previously 
Billed / Denied 
$0.00 REVIEW OF GINGOLD SCHEDULE: FEES PREVIOUSLY SUBMITTED 
06/21/04, 
11/18/02 & 
11/05/02 
Affidavits 
Items # 
Date Matter Time Claimed 
Amount 
Objection Adjusted 
Amount 
26 10/31/00 Revise and redraft opposition to MSJ III. 6.9 $2,415.00 Previously 
Billed / Denied 
$0.00 
27 11/1/00 Revise and redraft draft opposition to MSJ 
III based on Rempel additions. 
6.1 $2,135.00 Previously 
Billed / Denied 
$0.00 
28 11/2/00 Continue revisions of Rempel additions to 
MSJ III draft response and review and 
comment on Rempel affidavit in support of 
certain factual statements including 
admissions of Hammond. 
4.4 $1,540.00 Previously 
Billed / Denied 
$0.00 
29 11/3/00 Finalize Plaintiffs' Opposition to 
Defendants' Third Phase II Motion for 
Partial Summary Judgement (Re: Settlement 
of Accounts by Treasury and GAO). 
11.6 $4,060.00 Previously 
Billed / Denied 
$0.00 
30 11/3/00 Telcoms. with Harper re. finalization of 
MSJ III opposition. 
0.4 $140.00 Previously 
Billed / Denied 
$0.00 
31 11/3/00 Telcom. Ferrell re. service of MSJ III 
opposition. 
0.1 $35.00 Previously 
Billed / Denied 
$0.00 
32 11/3/00 Telcom. Cobell re. MSJ III issues. 0.3 $105.00 Previously 
Billed / Denied 
$0.00 
33 5/1/02 Telcom. Craig Lawrence, U.S. Attorney's 
Office re. Gamboa letter and its 
implications. 
0.2 $72.00 Previously 
Billed / Denied 
$0.00 
34 5/1/02 Telcoms. Scott Harris, U.S. Attorney's 
Office, re. same. 
0.4 $144.00 Previously 
Billed / Denied 
$0.00 
35 6/20/02 Telcom. Lawrence re. same. 0.1 $37.00 Previously 
Billed 
$0.00 
36 6/21/02 Telcom. Lawrence re. same. 0.1 $37.00 Previously 
Billed 
$0.00 
37 6/24/02 Telcoms. Lawrence re. same. 0.3 $111.00 Previously 
Billed 
$0.00 
38 6/25/02 Telcom. Lawrence re. production of GAO 
documents referenced in Gamboa letter but 
withheld by defendants. 
0.4 $148.00 Previously 
Billed 
$0.00 
39 7/5/02 Telcom. Lawrence re. continued failure to 
produce GAO documents referenced, and in 
connection, with Gamboa letter. 
0.2 $74.00 Previously 
Billed 
$0.00 
40 7/9/02 Telcom. Lawrence re. continued failure to 
produce GAO documents referenced, and in 
connection, with Gamboa letter. 
0.5 $185.00 Previously 
Billed 
$0.00 REVIEW OF GINGOLD SCHEDULE: FEES PREVIOUSLY SUBMITTED 
06/21/04, 
11/18/02 & 
11/05/02 
Affidavits 
Items # 
Date Matter Time Claimed 
Amount 
Objection Adjusted 
Amount 
41 7/11/02 Telcom. Lawrence re. continued failure to 
produce GAO documents referenced, and in 
connection with Gamboa letter. 
0.4 $148.00 Previously 
Billed 
$0.00 
42 7/29/02 Telcom. Lawrence re. same. 0.3 $111.00 Previously 
Billed 
$0.00 
43 7/30/02 Prepare letter response to Lawrence re. 
same. 
0.3 $111.00 Previously 
Billed 
$0.00 
44 8/6/02 Telcom. Lawrence re. same. 0.3 $111.00 Previously 
Billed 
$0.00 
45 8/7/02 Telcom. Lawrence re. same. 0.1 $37.00 Previously 
Billed 
$0.00 
Total 96.6 $33,876.00 $0.00 IN THE 
UNITED STATES DISTRICT COURT 
FOR THE 
DISTRICT OF COLUMBIA 
ELOUISE PEPION COBELL, et al., on 
their own behalf and on behalf of 
all persons similarly situated, 
Plaintiffs, 
v. 
GALE NORTON, Secretary of the 
Interior, et al., 
Defendants. 
) 
) 
) 
) 
) 
) 
) 
) 
) 
) 
) 
) 
Civil Action 
No. 96-1285 (RCL) 
__________________ 
AFFIDAVIT OF DENNIS M. GINGOLD 
1. My name is Dennis M. Gingold. I am a member of the Bar of this Court and am 
lead attorney for plaintiffs in this action. I make this affidavit in support of plaintiffs' request for 
fees and expenses in connection with certain sanctionable conduct of defendants as outlined in this 
Court’s March 11, 2003 Memorandum and Order and reaffirmed in its May 25, 2004 
Memorandum and Order (collectively the “Orders”). 
2. I maintain my time records in annual, hard copy diaries. Contemporaneous with the 
completion of a particular task or activity, I manually enter the time charged on the date the 
professional service is rendered; the specific matter or task; the time expended, to the tenth of an 
hour; and a brief description of the work performed. From this diary, I enter my time 
1 IIM TRUST LITIGATION 
Gingold Schedule: GAO Settlement of Accounts Sanctions 
DATE TIME SUBJECT MATTER 
6.2.00 2.1 Accompanied by Rempel, met with Master, DOJ, DOI, & DOT re. 
production of accounting docs. 
relevant to Cobell litigation, including all documentation that 
purports to represent the settlement of 
IIM accounts in the custody or control of disbursement officers. 
Brooks represented that the settlement 
of Disbursing officer accounts also settled IIM accounts. 
Asst. Secretary of the Treasury 
Don Hammond confirmed that the settlement of disbursing officer 
accounts did not result in an 
accounting of IIM trust accounts. 
0.8 Prepare for Special Master meeting re. Defendants 
misrepresentation re. settlement of Indian disbursing officer 
accounts as accounting IIM trust accounts. 
6.5.00 0.3 Telcom. with Brian Ferrell, DOJ, requesting production of all 
dcouments relevant to settlement of 
IIM accounts in the custody or control of disbursement officers, at 
least with respect to the named 
plaintiffs and their predecessors-in-interes ? in conformity with the 
representations of Brooks at the 
6.2.00 meeting at the Master's office. 
6.6.00 0.3 Telcoms. with Ferrell re. same. 
7.5.00 0.7 Telcoms. Holt re. GAO summary judgment/accounting. 
7.25.00 1.7 Draft MSJ surreply re. defs’ material misrepresentations re. GAO 
accounting issues. 
9.19.00 0.2 Telcom. Harper re. GAO settlement issues and action to take 
regarding Brooks delivery of threat to 
file motion for summary judgment claiming falsely that the 
settlement of disbursing officers' accounts for 30 years 
discharges defs' accounting duty from 1921-1950. 
9.20.00 0.3 Telcom. with Harper re. same. 
9.22.00 0.8 Telcoms. with Ferrell re. GAO settlements of account issues and 
conflicting representatiions of 
Brooks and Hammond. 
0.6 Meet with Rempel re. Defendants Third Phase II Motion for Partial 
Summary Judgment (Re: 
Settlement of Accounts by Treasury and GAO) ("MSJ III") and in 
responce collect documents in 
create factual appendix to explicitly refute misrepresentations, 
including opinion of Don Hammond. 
9.24.00 0.7 Review MSJ, note defs' claims, identify responses, and assess 
authorities in opposition to such claims. 
2.2 Review relevant documents and prepare letters to Brooks and 
Ferrell concerning same and in response 
RATE AMOUNT 
$350.00 $735.00 
$350.00 $280.00 
$350.00 $105.00 
$350.00 
$350.00 
$350.00 
$105.00 
$245.00 
$595.00 
$350.00 $70.00 
$350.00 $105.00 
$350.00 $280.00 
$350.00 $210.00 
$350.00 $245.00 
$350.00 $770.00 
to letters defending MSJ claims. DATE TIME SUBJECT MATTER RATE AMOUNT 
9.25.00 8.0 Work on MSJ III response; begin review legal authorities, e.g., $350.00 $2,800.00 
"Law of Appropriations" and cases and 
Comptroller General discussion of nature and scope of settlement 
of accounts process and legal 
impact; begin review of documents related thereto. 
0.4 Telcom. with Ferrell re. same. $350.00 $140.00 
0.3 Telcoms. Harper re. nature and scope of settlements-of-account $350.00 $105.00 
process per Comptroller General. 
9.26.00 4.5 Continue document review, revisions, legal research for MSJ III $350.00 $1,575.00 
response. 
0.2 Telcom. Harper re. MSJ III draft. $350.00 $70.00 
0.3 Telcom. Holt re. same. $350.00 $105.00 
9.27.00 5.0 Continue document review, revisions, legal research for MSJ III $350.00 $1,750.00 
response. 
9.28.00 6.2 Continue document review, revisions, legal research for MSJ III $350.00 $2,170.00 
response. 
0.4 Telcom. Harper re. MSJ III draft. $350.00 $140.00 
9.30.00 5.0 Continue document review, revisions, legal research for MSJ III $350.00 $1,750.00 
response. 
10.1.00 1.0 Continue document review, revisions, legal research for MSJ III $350.00 $350.00 
response. 
10.4.00 1.4 Telcoms. with Harper re. MSJ III response. 
0.1 Telcom. Holt re. MSJ III issues. 
0.8 Review relevant authorities; docoumentation. 
10.5.00 4.9 Continue work on MSJ III response; continue review of legal 
authorities; documents. 
0.1 Telcom. Interior witness confirming false GAO MSJ. 
10.6.00 0.2 Discussion with Rempel re. relevance of BIA regs. to MSJ III and 
Trial 1 testimony and exhibits related 
thereto for reference in opposition to MSJ III. 
10.7.00 9.1 Continue work on MSJ III response; continue review of legal 
authorities; documents, including data 
reports, oil & gas reports, and assessments of nature and scope of 
settlements process re. the 
class. 
0.9 Telcoms. with Harper re. MSJ III documentation issues given the 
refusal of Interior and Treasury to 
produce documents to support their settlement of account claims. 
10.8.00 3.9 Continue document review, revisions, legal research for MSJ III 
response. Includes review of data 
reports, oil & gas reports, and assessments of nature and scope of 
settlements process re. the 
class; compare "accounting" to desk audits by GAO and Treasury 
of disbursing officer reports. 
10.28.00 4.5 Revise and redraft draft opposition to MSJ III. 
0.4 Conference call with Harper and Brown re. status of MSJ III and 
issues that need to be flushed out. 
$350.00 $490.00 
$350.00 $35.00 
$350.00 $280.00 
$350.00 $1,715.00 
$350.00 $35.00 
$350.00 $70.00 
$350.00 $3,185.00 
$350.00 $315.00 
$350.00 $1,365.00 
$350.00 $1,575.00 
$350.00 $140.00 
1.2 Discussion with Rempel re. MSJ III draft and necessary edits. $350.00 $420.00 
0.5 Telcom. Harper re. MSJ III issues. $350.00 $175.00 DATE TIME SUBJECT MATTER RATE AMOUNT 
10.29.00 4.0 Revise and redraft draft opposition to MSJ III. $350.00 $1,400.00 
0.1 Telcom. Harper re. defendants' misrepresentations regarding $350.00 $35.00 
settlement of accounts v. accounting. 
0.2 Discussion with Rempel re. MSJ III draft and necessary edits. $350.00 $70.00 
10.30.00 0.5 Conference call with Harper and Brown re. status of MSJ III. $350.00 $175.00 
1.0 Conference call with Rempel, Harper and Brown re. status of $350.00 $350.00 
remaining tasks re. MSJ III response 
includling need for Rempel supporting affidavit vis-a-vis 
admissions of Don Hammond, etc. 
4.6 Continue revisions of MSJ III draft response. $350.00 $1,610.00 
10.31.00 6.9 Revise and redraft opposition to MSJ III. $350.00 $2,415.00 
11.1.00 6.1 Revise and redraft draft opposition to MSJ III based on Rempel $350.00 $2,135.00 
additions. 
11.2.00 4.4 Continue revisions of Rempel addtitions to MSJ III draft response $350.00 $1,540.00 
and review and comment on 
Rempel affidavit in support of certain factual statements including 
admissions of Hammond. 
0.4 Conference call with Rempel, Harper and Brown re. status of $350.00 $140.00 
remaining tasks and text of Rempel 
affidavit. 
11.3.00 11.6 Finalize Plaintiffs' Opposition to Defendants' Third Phase II Motion $350.00 $4,060.00 
for Partial Summary Judgement 
(Re: Settlement of Accounts by Treasury and GAO). 
0.4 Telcoms. with Harper re. finalization of MSJ III opposition. $350.00 $140.00 
0.1 Telcom. Ferrell re. service of MSJ III opposition. $350.00 $35.00 
0.3 Telcom. Cobell re. MSJ III issues. $350.00 $105.00 
11.6.00 0.5 Telcom. Brown re. Sanctions for defs’ materially false GAO MSJ $350.00 $175.00 
III. 
2.1.02 0.1 Meet and confer with Cynthia Alexander and Matt Fader, DOJ, and $360.00 $36.00 
object to defendants' motion to 
withdraw pending motion for partial summary judgement regarding 
GAO Settlement of Accounts 
of disbursing officers as discharging the accounting of IIM Trust 
beneficiaries ("MSJ III"). 
0.1 Telcom. Harper re. same. $360.00 $36.00 
0.3 Telcoms. Cobell re. same. $360.00 $108.00 
2.4.02 0.2 Telcom. Cobell re. same, particularly impact false MSJ III was $360.00 $72.00 
intended to have on class. 
2.12.02 0.2 Telcoms. Ferrell re. MSJ III issues, intended impact, etc. $360.00 $72.00 
2.14.02 8.5 Review and revise Plaintiffs' Opposition to Motion to Withdraw $360.00 $3,060.00 
Defendants' Motions for Summary 
Judgment; Plaintiffs' Cross-Motions for Summary Judgment as to 
(B) The Non-Settlement of 
accounts to reinforce such settlement of Indian disbursing officer 
accounts does not constitute an 
accounting of IIM trust accounts. 
0.2 Telcoms. Harper re. same. $360.00 $72.00 
0.4 Conference call with Cobell and Rempel re. defs' motion to $360.00 $144.00 
withdraw MSJ III, the intended affect of DATE TIME SUBJECT MATTER RATE AMOUNT 
$144.00 
$144.00 
0.2 Telcom. Fasold re. same. $360.00 $72.00 
4.25.02 0.4 Telcom. Harper re. same. $360.00 $144.00 
0.1 Telcom. Levitas re same. $360.00 $36.00 
5.1.02 0.2 Telcom. Craig Lawrence, U.S. Attorney's Office re. Gamboa letter $360.00 $72.00 
and its implications. 
0.4 Telcoms. Scott Harris, U.S. Attorney's Office, re. same. $360.00 
5.2.02 0.4 Telcom. Craig Lawrence, U.S. Attorney's Office, re same. $360.00 
0.6 Work on notice of supplemental authority re. Gamboa letter. $360.00 $216.00 
0.9 Telcoms. Harper re. discussions with U.S. Attorney's office and $360.00 $324.00 
notice of supplemental authority re. 
Gamboa letter. 
5.3.02 5.6 Review and revise consolidated motion for leave to amend 
plaintiffs' 2.15.02 MSJ III contempt motion and finding 
$360.00 $2,016.00 
pursuant to R 56(g) per newly discovered evidence, i.e., the 
Gamboa letter. 
0.1 Telcom. Craig Lawrence, U.S. Attorney's Office, re same. $360.00 $36.00 
5.4.02 3.9 Work on notice of supp. authority, leave to amend 2.15.02 MSJ III $360.00 $1,404.00 
contempt motion, amendment of 
MSJ III contempt motion per newly discovered evidence. 
5.5.02 6.3 Continue to draft and revise same. $360.00 $2,268.00 
0.1 Telcom. Harper re. issues and implications re. same. $360.00 $36.00 
5.6. 02 0.2 Telcom. Lawrence re. same. $360.00 $72.00 
5.3 Work on notice of supp. authority, leave to amend 2.15.02 MSJ III $360.00 $1,908.00 
contempt motion, amendment of 
MSJ III contempt motion per newly discovered evidence. 
0.2 Telcoms. Harper re. same. $360.00 $72.00 
5.7.02 3.7 Work on motion for leave to amend 2.15.02 MSJ III contempt $360.00 $1,332.00 
motion, amendment of 
MSJ III contempt motion per newly discovered evidence. 
1.2 Telcoms. Lawrence re. same. $360.00 $432.00 
5.9.02 0.3 Telcoms. Harper re. same. $360.00 $108.00 
5.4 Work on motion for leave to amend 2.15.02 MSJ III contempt $360.00 $1,944.00 
motion, amendment of 
MSJ III contempt motion per newly discovered evidence. 
5.10.02 0.2 Work on motion for leave to amend 2.15.02 MSJ III contempt 
motion, amendment of 
$360.00 $72.00 
MSJ III contempt motion per newly discovered evidence. 
0.1 Telcom. Lawrence re. same. $360.00 $36.00 
0.1 Telcom. Harper re. same. $360.00 $36.00 
5.12.02 0.2 Telcom. Harper re. same. $360.00 $72.00 
5.13.02 2.7 Work on motion to amend 2.15.02 MSJ III contempt motion, $360.00 $972.00 
amendment of MSJ III contempt motion 
per newly discovered evidence. 
0.4 Telcoms. Harper re. same. $360.00 $144.00 
0.3 Telcoms. Levitas re. same. $360.00 $108.00 
5.14.02 0.4 Telcom with Lawrence re. same. $360.00 $144.00 
0.1 Discussion with Rempel re. same. $360.00 $36.00 
0.4 Telcom. Cobell re. same. $360.00 $144.00 
0.5 Telcom. Levitas re same. $360.00 $180.00 DATE TIME SUBJECT MATTER RATE AMOUNT 
2.0 Work on motion to amend 2.15.02 MSJ III contempt motion, $370.00 $740.00 
amendment of MSJ III contempt motion 
per newly discovered evidence. 
0.5 Discussion with Rempel re. same. $370.00 $185.00 
0.3 Telcoms. Harper re. same. $370.00 $111.00 
6.4.02 0.7 Continued telcoms. Lawrence re. meet and confer on MSJ III $370.00 $259.00 
contempt motion. 
0.4 Telcoms. Harper re. same. $370.00 $148.00 
8.6 Finalize motion to amend 2.15 02 MSJ III contempt motion, $370.00 $3,182.00 
amendment fo MSJ III contempt motion 
per newly discovered evidence. 
6.6.02 4.0 Research and analyze complex personal service issues re. non- $370.00 $1,480.00 
parties as to same. 
0.4 Telcoms. Scott Harris, U.S. Attorney's Office, re. same. $370.00 $148.00 
0.6 Telcoms. Lawrence re. same. $370.00 $222.00 
0.6 Telcoms. Harper re. same. $370.00 $222.00 
6.7.02 0.1 Telcom. Lawrence re. unresolved personal service issues in $370.00 $37.00 
connection with MSJ III contempt.. 
1.1 Conference call Rempel, Harper, Brown concerning appealability $370.00 $407.00 
of contempt re. MSJ III contemnors, 
officially and individually, including DOJ attorneys. 
6.8.02 0.5 Telcoms. Lawrence re. MSJ III personal service logistical issues. $370.00 $185.00 
1.5 Telcoms. Harper re. same. $370.00 $555.00 
6.9.02 0.1 Telcom. Lawrence re. unresolved personal service issues in $370.00 $37.00 
connection with MSJ III contempt.. 
6.19.02 0.5 Telcom. Lawrence re. production of GAO documents referenced in $370.00 $185.00 
Gamboa letter but withheld by defendants. 
6.20.02 0.1 Telcom. Lawrence re. same. $370.00 $37.00 
0.1 Telcom. Harper re. same. $370.00 $37.00 
6.21.02 0.1 Telcom. Lawrence re. same. $370.00 $37.00 
6.24.02 0.3 Telcoms. Lawrence re. same. $370.00 $111.00 
1.0 Meet with Cobell concerning Gamboa letter and MSJ III. $370.00 $370.00 
6.25.02 5.0 Work on reply to MSJ III, including review of defs' cases and $370.00 $1,850.00 
authorities and begin preparation of 
draft. 
0.4 Telcom. Lawrence re. production of GAO documents referenced in $370.00 $148.00 
Gamboa letter but withheld by defendants. 
6.26.02 2.2 Continue work on Gamboa/MSJ III reply; includes research and $370.00 $814.00 
draft revisions. 
6.27.02 1.3 Continue work on Gamboa/MSJ III reply; includes research and $370.00 $481.00 
draft revisions. 
0.1 Telcom. Harper re. same. $370.00 $37.00 
0.4 Meet with Cobell re.same. $370.00 $148.00 
6.28.02 3.7 Continue work on Gamboa/MSJ III reply; includes research and $370.00 $1,369.00 
draft revisions. 
Consolidated Motion for Leave to Amend and Motion to Amend 
Plaintiffs' February 15, 2002 Summary DATE TIME SUBJECT MATTER RATE AMOUNT 
Judgment Contempt Motion and a Contempt Finding Pursuant to 
F.R.C.P. 56(g) in accordance with 
Newly Discovered Evidence: The April 19, 2002 Letter of GAO 
General Counsel Anthony Gamboa to 
OHTA Director Bert Edwards). 
0.4 Telcom. Harper re. same. $370.00 $148.00 
7.1.02 0.1 Telcom. Lawrence re. production of GAO documents referenced in $370.00 $37.00 
Gamboa letter but withheld by defendants. 
7.5.02 0.2 Telcom. Lawrence re. continued failure to produce GAO 
documents referenced, and in connection, 
with Gamboa letter. 
7.9.02 0.5 Telcom. Lawrence re. continued failure to produce GAO 
documents referenced, and in connection, 
with Gamboa letter. 
7.11.02 0.4 Telcom. Lawrence re. continued failure to produce GAO 
documents referenced, and in connection 
with Gamboa letter. 
7.19.02 1.0 Prepare letter to lawrence re. continued failure to produce GAO 
documents referenced, and in 
connection with, Gamboa letter, particularly with respect to docs. 
created, or received, by Interior 
and Treasury in response to GAO general counsel's opinion that 
IIM accounts were not settled. 
7.29.02 0.3 Telcom. Lawrence re. same. 
7.30.02 0.3 Prepare letter response to Lawrence re. same. 
8.6.02 0.3 Telcoms. Lawrence re. same. 
8.7.02 0.1 Telcom. Lawrence re. same. 
8.8.02 1.3 Review first production of docs. referenced in Gamboa letter 
further demonstrating bad faih of defs' 
in filing MSJ III. 
9.13.02 0.2 Telcoms. Lawrence re. production of remaining relevant Gamboa 
related docs. 
9.16.02 0.1 Telcom. Lawrence re. same. 
1.28.03 0.4 Conference call Harper and Brown re. need to file MSJ declaring 
settlement of disbursing officer 
accounts does not settle or constitute accounting of IIM Trust 
accounts. 
1.30.03 6.1 Review documents in support of statement of undesputed material 
facts re. MSJ settlements of Account. 
Review and revise Plaintiffs' Motion for Partial Summary 
Judgment as to the Non-Settlement of Accounts 
and Defendants' Failure to Perform the Accounting, in Whole or 
Part, Ordered by this Court on December 
21, 1999 and Plaintiffs' Statement of Material Fasts as to Which 
There is No Genuine Issue in Support 
of Motion for Partial Summary Judgment. 
0.3 Telcom. Harper re. same. 
1.31.03 5.4 Review and revise motion for partial summary judgment and 
$370.00 $74.00 
$370.00 $185.00 
$370.00 $148.00 
$370.00 $370.00 
$370.00 $111.00 
$370.00 $111.00 
$370.00 $111.00 
$370.00 $37.00 
$370.00 $481.00 
$370.00 $74.00 
$370.00 $37.00 
$370.00 $148.00 
$370.00 $2,257.00 
$370.00 $111.00 
$370.00 $1,998.00 REVIEW OF REMPEL SCHEDULE: FEES PREVIOUSLY SUBMITTED 
06/21/04 & 
11/18/02 
Affidavits 
Items # 
Date Matter Time Claimed 
Amount 
Objection Adjusted 
Amount 
1 9/23/00 Review Defs' Motion for MSJ 
and exhibits re: GAO 
settlement of accounts. 
1.7 $382.50 Previously 
Billed /Denied 
$0.00 
2 9/25/00 Review Defs' Motion for MSJ 
and exhibits re: GAO 
settlement of accounts; begin 
drafting and preparing 
response. 
5.5 $1,237.50 Previously 
Billed /Denied 
$0.00 
3 9/26/00 Review Defs' Motion for MSJ 
and exhibits re: GAO 
settlement of accounts; begin 
drafting and preparing 
response. 
9.5 $2,137.50 Previously 
Billed /Denied 
$0.00 
4 9/27/00 Review Mildred Cleghorn 
documentation for settled 
accounts as it relates to Defs' 
3rd MSJ (settlement of 
accounts process). 
4.2 $945.00 Previously 
Billed /Denied 
$0.00 
5 9/28/00 CC w/ Rick Fasold re : BIA 
documentation reviewed. 
Conference call in context of 
Defs' 3rd MSJ and availability 
of information to refute 
defendants' contention that the 
GAO settled the IIM accounts. 
0.1 $22.50 Previously 
Billed /Denied 
$0.00 
6 9/28/00 Review Defs' Motion for MSJ 
and exhibits re: GAO 
settlement of accounts; begin 
drafting and preparing 
response. 
7.2 $1,620.00 Previously 
Billed /Denied 
$0.00 
7 9/29/00 Draft, edit response to 
Defendants' 3rd MSJ (re. 
settlement of accounts 
process). 
1.9 $427.50 Previously 
Billed /Denied 
$0.00 
8 9/29/00 Draft preliminary statement of 
facts for opposition to Defs' 
MSJ (re. settlement of 
accounts process). 
3.5 $787.50 Previously 
Billed /Denied 
$0.00 
9 10/5/00 Draft statement of facts for 
Response to Defs' MSJ III (re. 
settlement of accounts 
process). Includes reviewing 
Defs' documentation as well as 
plaintiffs' pertinent trial 1 
exhibits and testimony for 
purposes of drafting the 
opposition. 
1.8 $405.00 Previously 
Billed /Denied 
$0.00 REVIEW OF REMPEL SCHEDULE: FEES PREVIOUSLY SUBMITTED 
06/21/04 & 
11/18/02 
Affidavits 
Items # 
Date Matter Time Claimed 
Amount 
Objection Adjusted 
Amount 
10 10/6/00 Draft statement of facts for 
Response to Defs. MSJ III (re. 
settlement of accounts 
process). Includes reviewing 
Defs' documentation as well as 
plaintiffs' pertinent trial 1 
exhibits and testimony for 
purposes of drafting the 
opposition. 
7.4 $1,665.00 Previously 
Billed /Denied 
$0.00 
11 10/25/00 Draft statement of facts for 
Response to Defs. MSJ III (re. 
settlement of accounts 
process). Includes reviewing 
Defs' documentation (exhibits) 
and drafting response in light 
of uncontested facts. 
2.5 $562.50 Previously 
Billed /Denied 
$0.00 
12 10/26/00 Draft Response and statement 
of facts to Defs' MSJ III 
(settlement of accounts 
process). 
8.5 $1,912.50 Previously 
Billed /Denied 
$0.00 
13 10/27/00 Draft Response and statement 
of facts to Defs' MSJ III 
(settlement of accounts 
process). 
3.3 $742.50 Previously 
Billed /Denied 
$0.00 
14 10/28/00 Draft Response and statement 
of facts to Defs' MSJ III 
(settlement of accounts 
process). 
3.0 $675.00 Previously 
Billed /Denied 
$0.00 
15 10/28/00 Discussion w/ Dennis Gingold 
re: Defs' MSJ III and edits to 
draft. 
1.2 $270.00 Previously 
Billed /Denied 
$0.00 
16 10/29/00 CC with Dennis Gingold re: 
Defs' MSJ III and edits. 
0.2 $45.00 Previously 
Billed /Denied 
$0.00 
17 10/30/00 CC w/ Dennis Gingold, Mark 
Brown, Keith Harper re: 
Response to Defs' MSJ III and 
tasks. 
1.0 $225.00 Previously 
Billed /Denied 
$0.00 
18 10/30/00 Draft Response and statement 
of facts to Defs' MSJ III 
(settlement of accounts 
process). Begin drafting 
Rempel affidavit in support of 
response. 
7.0 $1,575.00 Previously 
Billed /Denied 
$0.00 REVIEW OF REMPEL SCHEDULE: FEES PREVIOUSLY SUBMITTED 
06/21/04 & 
11/18/02 
Affidavits 
Items # 
Date Matter Time Claimed 
Amount 
Objection Adjusted 
Amount 
19 11/1/00 Draft Response and statement 
of facts to Defs' MSJ III 
(settlement of accounts 
process). Includes drafting 
Rempel affidavit in support of 
response. 
9.5 $2,137.50 Previously 
Billed /Denied 
$0.00 
20 11/2/00 Draft Response and statement 
of facts to Defs' MSJ III 
(settlement of accounts 
process). Includes drafting 
Rempel affidavit in support of 
response. 
13.0 $2,925.00 Previously 
Billed /Denied 
$0.00 
21 11/3/00 Draft Response and statement 
of facts to Defs' MSJ III 
(settlement of accounts 
process). Includes drafting 
Rempel affidavit in support of 
response. File and serve 
response. 
11.5 $2,587.50 Previously 
Billed /Denied 
$0.00 
22 5/6/02 Notice of Supplemental 
Authority - Draft, prepare, file 
and serve notice regarding 
GAO letter from GAO General 
Counsel to Bert Edwards, 
Director of OHTA re 
settlement of accounts 
process. 
2.6 $585.00 Previously 
Billed /Denied 
$0.00 
Total 106.1 $23,872.50 $0.00 IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
ELOUISE PEPION COBELL, et al., 
Plaintiffs, 
v. 
GALE NORTON, et al., 
Defendants. 
___________________________________ 
) 
) 
) 
) 
) 
) 
) 
) 
) 
) 
) 
) 
Civil Action 
No. I:96 CV 01285 RCL 
AFFIDAVIT OF GEOFFREY REMPEL 
1. My name is Geoffrey Rempel. I am a Certified Public Accountant (inactive) and I am engaged 
as a member of plaintiffs’ litigation team. I have been involved in this matter for almost eight 
years, including almost three-and-one-half years at PricewaterhouseCoopers L.L.P. I make this 
affidavit in support of plaintiffs’ submission of reasonable expenses, including attorneys fees, as 
ordered in the Court’s March11, 2003 Memorandum and Order and the Court’s May 25, 2004 
Order (collectively “Orders”). 
2. Defendants’ Third Phase II Motion for Partial Summary Judgment(Re: Settlement of Accounts 
by Treasury and GAO (“Defendants’ MSJ”) was served on plaintiffs and filed with the Court on 
September 19, 2000. In support of Defendants’ MSJ, defendants attached the Affidavit of Frank 
Sapienza. This affidavit (and the motion for summary judgment based upon that affidavit) were 
1 IIM TRUST LITIGATION 
Rempel Schedule: GAO Settlement of Accounts Sanctions 
"Subtotal" Corresponds to Timeframe set forth in Affidavit 
Billing Rate $225.00 
DATE TASK TIME AMOUNT SUBTOTAL 
Meet and Confer w/ DOT and DOI counsel before 
Special Master re: various motions. Includes discussion 
w/ Dennis Gingold, Mark Brown between meetings and 
06/02/00 
preparation and review of the existing status of discovery. 
6.5 $1,462.50 
During the course of this meeting Assistant Secretary Don 
Hammond confirmed that the settlement of accounts 
process did not constitute an accounting of the individual 
Indian trust accounts. 
CC w/ Rick Fasold re: Defs' Third Motion for Summary 
09/22/00 
Judgment (GAO settlement of accounts) and available 
material available to refute; compile information for 
opposition. 
Discussion w/ Dennis Gingold re: DOT and GAO 
09/22/00 settlement of accounts and defendants' 3rd Motion for 
Summary Judgment. 
Review Defs' Motion for MSJ and exhibits re: GAO 
09/23/00 
settlement of accounts. 
Review Defs' Motion for MSJ and exhibits re: GAO 
09/25/00 settlement of accounts; begin drafting and preparing 
response. 
Review Defs' Motion for MSJ and exhibits re: GAO 
09/26/00 settlement of accounts; begin drafting and preparing 
response. 
Review Mildred Cleghorn documentation for settled 
09/27/00 accounts as it relates to Defs' 3rd MSJ (settlement of 
accounts process). 
CC w/ Rick Fasold re: BIA documentation reviewed. 
Conference call in context of Defs' 3rd MSJ and 09/28/00 
availability of information to refute defendants' 
contention that the GAO settled the IIM accounts. 
Review Defs' Motion for MSJ and exhibits re: GAO 
09/28/00 settlement of accounts; begin drafting and preparing 
response. 
09/29/00 
Draft, edit response to Defendants' 3rd MSJ (re. 
settlement of accounts process). 
09/29/00 
Draft preliminary statement of facts for opposition to 
Defs' MSJ (re. settlement of accounts process). 
0.3 $67.50 
0.6 $135.00 
1.7 $382.50 
5.5 $1,237.50 
9.5 $2,137.50 
4.2 $945.00 
0.1 $22.50 
7.2 $1,620.00 
1.9 $427.50 
3.5 $787.50 
1 DATE TASK TIME AMOUNT SUBTOTAL 
10/05/00 
10/05/00 
10/06/00 
10/06/00 
10/25/00 
CC w/ Lorna Babby re: production of policy and 
procedure boxes. This conference call was initiated for 
the purpose of ascertaining whether there was an 
information contained in prior discovery (policy and 0.3 $67.50 
procedures boxes) that might assist in drafting the 
opposition to Defs' 3rd MSJ (settlement of accounts 
process). 
Draft statement of facts for Response to Defs. MSJ III (re. 
settlement of accounts process). Includes reviewing Defs' 
documentation as well as plaintiffs' pertinent trial 1 1.8 $405.00 
exhibits and testimony for purposes of drafting the 
opposition. 
Discuss w/ DG re: BIA regulations and Defs' 3rd MSJ (re. 
settlement of accounts process). Includes discussion of 
0.2 $45.00 drafting opposition and research on historical regulations 
at DOI/DOT/GAO. 
Draft statement of facts for Response to Defs. MSJ III (re. 
settlement of accounts process). Includes reviewing Defs' 
documentation as well as plaintiffs' pertinent trial 1 7.4 $1,665.00 
exhibits and testimony for purposes of drafting the 
opposition. 
Draft statement of facts for Response to Defs. MSJ III (re. 
settlement of accounts process). Includes reviewing Defs' 
2.5 $562.50 documentation (exhibits) and drafting response in light of 
uncontested facts. 
10/26/00 
Draft Response and statement of facts to Defs' MSJ III 
8.5 $1,912.50 
(settlement of accounts process). 
10/27/00 
Draft Response and statement of facts to Defs' MSJ III 
3.3 $742.50 
(settlement of accounts process). 
10/28/00 
Draft Response and statement of facts to Defs' MSJ III 
3.0 $675.00 
(settlement of accounts process). 
10/28/00 
Discussion w/ Dennis Gingold re: Response to Defs' MSJ 
1.2 $270.00 
III and edits to draft. 
10/29/00 CC w/ Dennis Gingold re: Defs' MSJ III and edits. 0.2 $45.00 
10/30/00 
CC w/ Dennis Gingold, Mark Brown, Keith Harper re: 
1.0 $225.00 
Response to Defs' MSJ III and tasks. 
Draft Response and statement of facts to Defs' MSJ III 
10/30/00 (settlement of accounts process). Begin drafting Rempel 7.0 $1,575.00 
affidavit in support of response. 
Draft Response and statement of facts to Defs' MSJ III 
11/01/00 (settlement of accounts process). Includes drafting Rempel 9.5 $2,137.50 
affidavit in support of response. 
Draft Response and statement of facts to Defs' MSJ III 
11/02/00 (settlement of accounts process). Includes drafting Rempel 13.0 $2,925.00 
affidavit in support of response. 
11/02/00 CC w/ DG, MB, KH re Rempel GAO affidavit. 0.2 $45.00 
2 DATE TASK TIME AMOUNT SUBTOTAL 
Draft Response and statement of facts to Defs' MSJ III 
11/03/00 (settlement of accounts process). Includes drafting Rempel 11.5 $2,587.50 
affidavit in support of response. File and serve response. 
$25,110.00 
Review material, including facsimiles from the 
12/15/01 Department of Justice and discovery material and prepare 
for contempt trial. 
Review material, including facsimiles from the 
12/16/01 Department of Justice and discovery material and prepare 
for contempt trial. 
4.0 $900.00 
2.5 $562.50 $1,462.50 
Review Defs' Motion to Withdrawal Motions for 
02/04/02 Summary Judgment. Edit, draft Opposition to Defs' 2.8 $630.00 
Motion to Wthdrawal MSJ. 
Edit, draft Opposition to Defs' Motion to Wthdrawal 
02/10/02 MSJ. Includes review of trial testimony and exhibits 5.9 $1,327.50 
attached to original MSJ. 
02/11/02 
Edit, draft Opposition to Defs' Motion to Wthdrawal 
5.5 $1,237.50 
MSJ. 
02/12/02 
Edit, draft Opposition to Defs' Motion to Wthdrawal 
9.5 $2,137.50 
MSJ. 
02/14/02 
CC w/ Elouise Cobell, Dennis Gingold re Defs' 3rd MSJ 
0.4 $90.00 
and motion to withdrawal. 
Prepare opposition to motion to withdrawal MSJ's and 
02/14/02 cross-motions for summary judgment and sanctions for 8.4 $1,890.00 
seeking to mislead the Court. 
02/15/02 
CC w/ Elouise Cobell, Dennis Gingold re Defs' 3rd MSJ 
0.5 $112.50 
and motion to withdrawal. 
Prepare opposition to motion to withdrawal MSJ's and 
02/15/02 cross-motions for summary judgment and sanctions for 6.8 $1,530.00 $8,955.00 
seeking to mislead the Court. File and service opposition. 
03/05/02 
Review defendants' opposition to plaintiffs MSJ (incl. 
settlement of accounts) and prepare to draft reply. 
5.0 $1,125.00 
03/05/02 
CC w/ Elouise Cobell re Defendants' 3rd MSJ and 
subsequent withdrawal. 
0.3 $67.50 
03/06/02 
Draft and edit reply to defendants' opposition to 
plaintiffs' MSJ (incl. settlement of accounts). 
7.2 $1,620.00 
03/07/02 
Draft and edit reply to defendants' opposition to 
plaintiffs' MSJ (incl. settlement of accounts). 
8.0 $1,800.00 
03/08/02 
Draft and edit reply to defendants' opposition to 
plaintiffs' MSJ (incl. settlement of accounts). 
6.5 $1,462.50 
03/09/02 
Draft and edit reply to defendants' opposition to 
plaintiffs' MSJ (incl. settlement of accounts). 
2.5 $562.50 
3 DATE TASK TIME AMOUNT SUBTOTAL 
03/10/02 
Draft and edit reply to defendants' opposition to 
1.5 $337.50 
plaintiffs' MSJ (incl. settlement of accounts). 
CC w/ Elouise Cobell, Dennis Gingold re Defs' 3rd MSJ 
03/11/02 and drafting of reply in support of Plaintiffs' MSJ re 1.2 $270.00 
settlement of accounts. 
03/11/02 
Draft and edit reply to defendants' opposition to 
1.5 $337.50 
plaintiffs' MSJ (incl. settlement of accounts). 
Discuss w/ Dennis Gingold re Defendants' 3rd MSJ and 
03/11/02 drafting of reply in support of Plfs' MSJ re settlement of 0.8 $180.00 
accounts. 
Discuss w/ Dennis Gingold re Defendants' 3rd MSJ and 
03/12/02 drafting of reply in support of Plfs' MSJ re settlement of 0.6 $135.00 
accounts. 
03/12/02 
Draft and edit reply to defendants' opposition to 
6.0 $1,350.00 
plaintiffs' MSJ (incl. settlement of accounts). 
CC w/ Elouise Cobell, Dennis Gingold re Defs' 3rd MSJ 
03/13/02 and drafting of reply in support of Plaintiffs' MSJ re 0.4 $90.00 
settlement of accounts. 
Draft and edit reply to defendants' opposition to 
03/13/02 plaintiffs' MSJ (incl. settlement of accounts). File and 11.2 $2,520.00 $11,857.50 
serve reply. 
Notice of Supplemental Authority - Draft, prepare, file 
05/06/02 
and serve notice regarding GAO letter from GAO- 
2.6 $585.00 
General Counsel to Bert Edwards, Director of OHTA re 
settlement of accounts process. 
Draft and edit Plaintiffs’ Consolidated Motion for Leave 
to Amend and Motion to Amend Plaintiffs’ February 15, 
2002 Summary Judgment Contempt Motion and a 
05/09/02 Contempt Finding Pursuant to F.R.C.P. 56(g) in 4.5 $1,012.50 
Accordance with Newly Discovered Evidence: the 
April19, 2002 Letter of Gao General Counsel Anthony 
Gamboa to OHTA Director Bert Edwards. 
Draft and edit Plaintiffs’ Consolidated Motion for Leave 
to Amend and Motion to Amend Plaintiffs’ February 15, 
2002 Summary Judgment Contempt Motion and a 
05/14/02 Contempt Finding Pursuant to F.R.C.P. 56(g) in 3.8 $855.00 
Accordance with Newly Discovered Evidence: the 
April19, 2002 Letter of Gao General Counsel Anthony 
Gamboa to OHTA Director Bert Edwards. 
05/14/02 
Discuss w/ Dennis Gingold re motion to amend GAO 
0.1 $22.50 
Motion for Summary Judgment. 
Draft and edit Plaintiffs’ Consolidated Motion for Leave 
to Amend and Motion to Amend Plaintiffs’ February 15, 
2002 Summary Judgment Contempt Motion and a 
05/15/02 Contempt Finding Pursuant to F.R.C.P. 56(g) in 4.8 $1,080.00 
Accordance with Newly Discovered Evidence: the 
April19, 2002 Letter of Gao General Counsel Anthony 
Gamboa to OHTA Director Bert Edwards. 
4 Brown Internally Inconsistent Entries 
Date Matter Time Claimed 
Amount 
Objection 
10/4/00 Telephone Conversations with Keith Harper re 
MSJ strategy 
0.416 $145.60 Inconsistent 
with Harper 
bill 
10/30/00 Revise Objections Memorandum; Telephone 
Conference with Keith Harper/Dennis Gingold re 
Strategy 
1.333 $466.55 Inconsistent 
with Harper & 
Gingold bills 
Total 1.749 $612.15 Gingold Internally Inconsistent Entries 
Date Matter 
Time 
Claimed 
Amount 
Objection 
10/28/00 Conference call with Harper and Brown re. status of MSJ III 
and issues that need to be flushed out. 
0.4 $140.00 Inconsistent 
with Harper & 
Brown bills 
10/29/00 Telcom. Harper re. defendants' misrepresentations regarding 
settlement of accounts v. accounting. 
0.1 $35.00 Previously 
Billed/Denied; 
Inconsistent 
with Harper bill 
10/30/00 Discussion with Rempel re. MSJ III draft and necessary edits. 0.2 $70.00 Inconsistent 
with Rempel bill 
10/30/00 Conference call with Harper and Brown re. status of MSJ III. 0.5 $175.00 Inconsistent 
with Harper bill 
10/30/00 Conference call with Rempel, Harper and Brown re. status of 
remaining tasks re. MSJ III response including need for Rempel 
supporting affidavit vis-a-vis admissions of Don Hammond, etc. 
1 $350.00 Inconsistent 
with Rempel, 
Harper, & 
Brown bills 
11/6/00 Telcom. Brown re. Sanctions for defs’ materially false GAO 
MSJ III. 
0.5 $175.00 Inconsistent 
with Brown bill 
2/1/02 Telcom. Harper re. same. 0.1 $36.00 Inconsistent 
with Harper bill; 
Outside of scope 
3/5/02 Telcoms. Harper re. same. 0.6 $216.00 Inconsistent 
with Harper bill; 
Outside of scope 
3/11/02 Telcoms. Harper re. same. 1.3 $468.00 Inconsistent 
with Harper bill; 
Outside of scope 
3/12/02 Telcoms. Harper re. same. 1.1 $396.00 Inconsistent 
with Harper bill; 
Outside of scope 
3/12/02 Conference call Brown and Harper re. same. 0.8 $288.00 Inconsistent 
with Harper & 
Brown bills; 
Outside of scope 
3/13/02 Telcoms. Harper re. same. 2.3 $828.00 Inconsistent 
with Harper bill; 
Outside of scope 
3/13/03 Conference call Cobell and Rempel re. same. 0.4 $144.00 Inconsistent 
with Rempel 
bill; Outside of 
scope Gingold Internally Inconsistent Entries 
Date Matter 
Time 
Claimed 
Amount 
Objection 
4/22/02 Telcoms. Harper re. same and implications of knowingly false 
representations to Court and pltffs' and plaintiffs' counsel. 
0.6 $216.00 Inconsistent 
with Harper bill 
4/23/02 Telcoms. with Harper re. same. 0.4 $144.00 Inconsistent 
with Harper bill; 
Outside of scope 
4/24/02 Telcom. Levitas re same. 0.7 $252.00 Outside of 
Scope/Denied 
4/24/02 Telcom. Harper re. same. 0.6 $216.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/Denied 
4/25/02 Telcom. Harper re. same. 0.4 $144.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/Denied 
4/25/02 Telcom. Levitas re same. 0.1 $36.00 Outside of 
Scope/Denied 
5/5/02 Telcom. Harper re. issues and implications re. same. 0.1 $36.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/Denied 
5/6/02 Telcoms. Harper re. same. 0.2 $72.00 Inonsistent with 
Harper bill; 
Outside of 
Scope/Denied 
5/9/02 Telcoms. Harper re. same. 0.3 $108.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/Denied 
5/10/02 Telcom. Harper re. same. 0.1 $36.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/ Denied 
5/12/02 Telcom. Harper re. same 0.2 $72.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/ Denied 
5/13/02 Telcoms. Harper re. same. 0.4 $144.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/ Denied 
5/13/02 Telcoms. Levitas re. same. 0.3 $108.00 Outside of 
Scope Gingold Internally Inconsistent Entries 
Date Matter 
Time 
Claimed 
Amount 
Objection 
5/14/02 Telcom. Levitas re same. 0.5 $180.00 Outside of 
Scope/ Denied 
5/15/02 Telcoms. Harper re. comments to same. 0.4 $144.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/ Denied 
5/25/02 Telcoms. Harper re. same. 0.2 $72.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/ Denied 
5/27/02 Telcom. Harper re. same. 0.2 $72.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/ Denied 
5/30/02 Telcom. Harper re. same. 0.3 $108.00 Inconsistent 
with Harper bill; 
Outside of 
Scope 
6/3/02 Telcoms. Harper re. same. 0.3 $111.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/Denied 
6/7/02 Conference call Rempel, Harper, Brown concerning 
appealability of contempt re. MSJ III contemnors, officially and 
individually, including DOJ attorneys. 
1.1 $407.00 Inconsistent 
with Harper & 
Brown bills; 
Outside of 
Scope/Denied 
6/8/02 Telcoms. Harper re. same. 1.5 $555.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/Denied 
6/20/02 Telcom. Harper re. same. 0.1 $37.00 Outside of 
Scope/Denied; 
Inconsistent 
with Harper bil; 
6/27/02 Telcom. Harper re. same. 0.1 $37.00 Inconsistent 
with Harper bill; 
Outside of 
Scope/Denied 
6/28/02 Telcom. Harper re. same. 0.4 $148.00 Inconsistent 
with Harper bill; 
Outside of 
Scope Gingold Internally Inconsistent Entries 
Date Matter 
Time 
Claimed 
Amount 
Objection 
1/28/03 Conference call Harper and Brown re. need to file MSJ 
declaring settlement of disbursing officer accounts does not 
settle or constitute accounting of IIM Trust accounts. 
0.4 $148.00 Outside of 
Scope; 
Inconsistent 
with Brown & 
Harper bills 
1/31/03 Telcom. Harper re. same. 0.3 $111.00 Outside of 
Scope; 
Inconsistent 
with Harper bill 
2/15/03 Telcom. Harper re. same and opp. to defs' motion to strike GAO 
MSJ. 
0.4 $148.00 Outside of 
Scope; 
Inconsistent 
with Harper bill 
2/21/03 Telcoms. Harper re. same. 0.4 $148.00 Outside of 
Scope; 
Inconsistent 
with Harper bill 
2/21/03 Telcom. Levitas re same. 0.2 $74.00 Outside of 
Scope; 
2/24/03 Telcom. Harper re. same. 0.4 $148.00 Outside of 
Scope; 
Inconsistent 
with Harper bill 
2/24/03 Telcoms. Levitas re. same. 0.5 $185.00 Outside of 
Scope; 
2/26/03 Telcom. Levitas re same. 0.1 $37.00 Outside of 
Scope 
6/9/04 Telcoms. Harper re. same. 0.7 $273.00 Inconsistent 
with Harper bill; 
Outside of scope 
6/14/04 Telcom. Harper re. GAO time and scope of roders 0.2 $78.00 Inconsistent 
with Harper bill; 
Outside of scope 
6/16/04 Conference call Rempel and Harper to confirm accuracy of time 
entries and scope of action taken in connection with protection 
of class re. defs’ repeated filing of false Sapienza declaration. 
2 $780.00 Inconsistent 
with Harper 
bill; Outside of 
scope 
6/16/04 Conference call Rempel, Harper, and Brown re. same. 1 $390.00 Inconsistent 
with Harper & 
Brown bills; 
Outside of scope 
6/19/04 Telcoms. Harper re. same and comments re. affidavits. 0.5 $195.00 Inconsistent 
with Harper bill; 
Outside of scope Gingold Internally Inconsistent Entries 
Date Matter 
Time 
Claimed 
Amount 
Objection 
6/21/04 Telcoms. Harper re. clarification of affidavits and time entries in 
conformity with order. 
0.5 $195.00 Inconsistent 
with Harper bill; 
Outside of scope 
Total 26.4 $9,686.00 Rempel Internally Inconsistent Entries 
6/17/04 CC w/ Keith Harper, Dennis Gingold (Mark Brown some) 
re GAO application. 
2.0 $450.00 Inconsistent 
with Harper 
bill; Outside 
of scope 
$0.00 
Total 2 $450.00 $0.00 Harper Internally Inconsistent Entries 
Date Matter 
Time 
Claimed 
Amount 
Objection 
9/21/00 Conference with DG re: Defs' Motion for Summary Judgement 
on the Settlement of Accounts by GAO Pre-1951 
0.6 $123.00 Inconsistent 
with Gingold 
bill 
10/9/00 Telephone call from and to DG (2 calls) re: settlement 
possibilities; discussions with Interior; SMJ III; extension of 
time; 
0.4 $82.00 Inconsistent 
with 
Gingold's bill 
10/27/00 Telephone call to DG and or GR (4 calls) to discuss 
Opposition to Defs' Motion for Summary Judgement on the 
Settlement of Accounts by GAO Pre-1951 
1 $205.00 Inconsistent 
with 
Gingold's & 
Rempel's bill 
3/6/02 Telephone call from DG re: MSJ withdrawal and sanctions 
request 
0.4 $104.00 Inconsistent 
with 
Gingold's bill; 
Outside of 
scope 
6/17/04 Conference call to DG and GR to discuss scope of courts May 
11th order granting fees for GAO MSJ and Sapienza bad faith 
affidavit and review time jointly to ensure accuracy 
2 $670.00 Inconsistent 
with 
Gingold's & 
Rempel's bill; 
Outside of 
scope 
Total 4.4 $1,184.00 REVIEW OF BROWN SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
Opposition to Defendants' Third Phase II Motion for Summary Judgment & Evidentiary Appendix 
9/25/00 Review Transcripts re Opposition to MSJ3 3.833 $1,341.55 
9/27/00 Legal Research re Evidentiary Objections re Sapienza 
Affidavit (Sapienza Table) 
0.833 $291.55 
9/29/00 Prepare Objections to Sapienza Affidavit; Legal Research re 
Ancient Documents (Sapienza Table) 
1.25 $437.50 
9/30/00 Prepare Memorandum re Evidentiary Objections re MSJ 
(Sapienza Table) 
3.25 $1,137.50 
10/3/00 Review and Analyze Sapienza Affidavit re objections 
(Sapienza Table) 
2.166 $758.10 
10/4/00 Telephone Conversations with Keith Harper re MSJ strategy 0.416 $145.60 Inconsistent with 
Harper bill 
10/5/00 Legal Research re Evidentiary Issues; Revise Memorandum re 
Same re MSJ 
0.333 $116.55 
10/5/00 Legal Research re Best Evidence Rule; Prepare Objections re 
Same 
4.083 $1,429.05 
10/6/00 Revise Best Evidence Rule Memorandum re MSJ 1.25 $437.50 
10/6/00 Legal Research re Authentication Issues re MSJ 1.166 $408.10 
10/7/00 Legal Research at NARF re Authentication; Prepare 
Memorandum re Same re MSJ 
3.5 $1,225.00 
10/7/00 Legal Research at NARF re Authentication; Prepare 
Memorandum re Same re MSJ 
2.666 $933.10 
10/8/00 Revise Memorandum re Authentications Issues; 3.833 $1,341.55 
10/8/00 Legal Research re Expert Witness Deficiencies of Sapienza 
Affidavit (Part IV) 
1.166 $408.10 
10/10/00 Review Arthur Andersen 1992 Tribal Trust Report re MSJ 2.666 $933.10 
10/10/00 Revise Objection to Sapienza Affidavit re MSJ (Sapienza 
Table) 
2.416 $845.60 
10/11/00 Revise Memorandum re Expert Testimony (Part IV) 2.833 $991.55 
10/12/00 Legal Research re Expert's Need for Personal Knowledge 
(Part IV) 
3.333 $1,166.55 
10/12/00 Prepare Chart of Objections to Exhibits re MSJ 4.583 $1,604.05 
10/13/00 Legal Research re Expert's Ability to Opine on 
Regulations; Review Fed Evid Digest for Cases Fitting Fact 
Pattern (Part IV) 
4.583 $1,604.05 
Page 1 of 34 10/13/00 Prepare Objections to Sapienza Affidavit (Sapienza Table) 3.916 $1,370.60 
10/14/00 Revise Evidentiary Memorandum 3.166 $1,108.10 
10/15/00 Revise Evidentiary Memorandum 2.333 $816.55 
10/15/00 Legal Research re Form of Objections (Sapienza Table) 0.25 $87.50 
10/16/00 Further Legal Research re Interplay of Expert's Use of 
Hearsay Evidence That Has Not Been Authenticated (Part IV) 
2.5 $875.00 
10/16/00 Revise Evidentiary Memorandum re MSJ; Further 
Legal Research as noted above (Part IV) 
5.25 $1,837.50 
10/17/00 Legal Research re additional Hearsay cases; Revise 
Objections Memorandum 
3.083 $1,079.05 
10/17/00 Revise Objections Memorandum 3.833 $1,341.55 
10/18/00 Prepare Objections to Sapienza Affidavit (Sapienza Table) 2.25 $787.50 
10/18/00 Legal Research re 'Implicit Hearsay' 0.583 $204.05 
10/18/00 Prepare Objections to Sapienza Affidavit (Sapienza Table) 2.416 $845.60 
10/19/00 Prepare Objections to Sapienza Affidavit (Sapienza Table) 1.75 $612.50 
10/19/00 Prepare Objections to Sapienza Affidavit (Sapienza Table) 1.083 $379.05 
10/20/00 Prepare Objections to Sapienza Affidavit (Sapienza Table) 1.166 $408.10 
10/23/00 Prepare Objections to Sapienza Affidavit (Sapienza Table) 1.5 $525.00 
10/23/00 Prepare Objections to Sapienza Affidavit (Sapienza Table) 1 $350.00 
10/24/00 Legal Research re Expert Opinion re Legal Issues; Revise 
Memorandum (Part IV) 
1.166 $408.10 
10/25/00 Revise Objections to MSJ with Cites to Exhibits (Sapienza 
Table) 
1.25 $437.50 
10/25/00 Revise Memorandum of Points and Authorities re Evidentiary 
Issues re MSJ (Part IV) 
2.916 $1,020.60 
10/26/00 Revise Objections; Convert for Transmission to Counsel 
(Sapienza Table) 
1.166 $408.10 
10/28/00 Revise Objections to Evidence (Sapienza Table) 1.416 $495.60 
10/29/00 Revise Keith Harper Introduction to MSJ Opposition 1 $350.00 
10/30/00 Revise Objections Memorandum; Telephone 
Conference with Keith Harper/Dennis Gingold re 
Strategy 
1.333 $466.55 Inconsistent with 
Harper & Gingold 
bills 
10/30/00 Revise Objections Memorandum 2.25 $787.50 
10/30/00 Telephone Conference withTeam/Keith Harper re MSJ 
Opposition 
1 $350.00 
10/30/00 Revise Objections Memorandum 1.083 $379.05 
Page 2 of 34 10/31/00 Revise Rempel Declaration re MSJ 0.25 $87.50 
10/31/00 Review Database re Proving Government Admissions re 
Inability to Account 
1.75 $612.50 
10/31/00 Review Database re Proving Government Admissions re 
Inability to Account 
2.416 $845.60 
10/31/00 Revise Keith Harper MSJ Insert 2.5 $875.00 
11/1/00 Revise Keith Harper MSJ Insert 2.75 $962.50 
11/1/00 Revise Keith Harper MSJ Insert 1.583 $554.05 
11/1/00 Revise Opposition to MSJ (Part IV) 3.833 $1,341.55 
11/1/00 Legal Research re Expert 
Testimony as Basis for MSJ 
(Part IV) 
1.25 $437.50 
11/1/00 Further Legal Research re 
Expert Testimony as Basis for 
MSJ (Part IV) 
1.75 $612.50 
11/2/00 Telephone Conference with Mr. Levitas re Evidentiary 
Memorandum of Points and 
Authorities 
0.166 $58.10 
11/2/00 Prepare Memorandum re 
Expert Issues in MSJ Context 
(Part IV) 
0.75 $262.50 
11/2/00 Revise Keith Harper Legal 
Argument re MSJ 
0.666 $233.10 
11/2/00 Prepare Memorandum re 
Expert Issues in MSJ Context 
(Part IV) 
1.333 $466.55 
11/2/00 Telephone Conference with S. 
Philippi re Expert Witnesses 
Evidentiary Issues (Part IV) 
1.333 $466.55 
11/2/00 Prepare Memorandum re 
Expert Issues in MSJ Context 
(Part IV) 
1.666 $583.10 
11/2/00 Prepare Memorandum re 
Expert Issues in MSJ Context; 
Revise MSJ Opposition 
(Part IV) 
4.083 $1,429.05 
11/2/00 Revise MSJ Opposition 3.333 $1,166.55 
11/3/00 Revise MSJ Opposition (cont. 
after midnight) 
2.166 $758.10 
11/3/00 Prepare MSJ Opposition 3.666 $1,283.10 
Page 3 of 34 11/3/00 Prepare MSJ Opposition; Legal Research re Right to Confront 
Witnesses (Part IV) 
6.25 $2,187.50 
11/3/00 Finalize/proofread MSJ 
Opposition 
1.916 $670.60 
TOTALS for Opposition to MSJ 146.228 $51,179.80 
Motion to Withdraw & Cross-Motions for Summary Judgment and Sanctions 
2/7/02 Research/Review GAO Report 2.5 $900.00 
2/9/02 Legal Research re Cross-motion for MSJ 3.166 $1,139.76 Outside of Scope 
2/11/02 Legal Research re Withdrawing MSJ; Prepare Memorandum of 
Points and Authorities 
3.25 $1,170.00 Outside of Scope 
2/12/02 Revise Opposition to Motion to Withdraw MSJ 1.583 $569.88 Outside of Scope 
2/12/02 Revise Opposition to Motion to Withdraw MSJ 0.333 $119.88 Outside of Scope 
2/13/02 Revise Opposition to Motion to Withdraw MSJ 0.333 $119.88 Outside of Scope 
2/13/02 Revise Summary Judgment Opposition 0.666 $239.76 Outside of Scope 
2/14/02 Revise Memorandum of Points and Authorities re Cross-Motion 
for Summary Judgment 
2.92 $1,051.20 Outside of Scope 
2/14/02 Revise Summary Judgment Opposition 4.916 $1,769.76 Outside of Scope 
2/15/02 Revise Summary Judgment Opposition 0.75 $270.00 Outside of Scope 
2/15/02 Revise Summary Judgment Opposition 3 $1,080.00 Outside of Scope 
2/15/02 Revise Summary Judgment Opposition /miscellaneous re 
service & filing 
1.333 $479.88 Partial Award 
Subtotal (Time re Rule 56(g) Motion) 24.75 $8,910.00 
3/10/02 Review Opposition to Rule 56(g) Motion 1.666 $599.76 
3/13/02 Prepare Reply re Cross-Motion for Summary 
Judgment 
2.75 $990.00 Outside of Scope 
3/13/02 Prepare Reply re Cross-Motion for Summary 
Judgment 
6.916 $2,489.76 Outside of Scope 
Subtotal (Time re Rule 56(g) Reply) 11.332 $4,079.52 
TOTAL 36.082 $12,989.52 
Proof Fees 
5/26/04 Review Court Orders re Sapienza Sanctions; Review File re 
Same 
1.166 $443.08 
6/8/04 Gather and segregate time for Sapienza Fee Application 4.916 $1,868.08 
6/9/04 Gather and segregate time for Sapienza Fee Application 1.916 $728.08 
Page 4 of 34 6/9/04 Gather and segregate time for Sapienza Fee Application; 
Prepare MKB Affidavit re fees; Legal Research re Laffey 
rates 
3.666 $1,393.08 
6/10/04 Prepare MKB Affidavit re fees 1.916 $728.08 
6/10/04 Legal Research re adjusted Laffey rates/McDowell 
decision 
1.25 $475.00 
6/10/04 Prepare MKB Affidavit re fees 3.166 $1,203.08 
6/11/04 Gather and segregate time for Sapienza Fee Application 0.583 $221.54 
6/11/04 Revise MKB Affidavit re fees 2.916 $1,108.08 
6/11/04 Revise MKB Affidavit re fees 1.833 $696.54 
6/11/04 Revise MKB Affidavit re fees/Prepare Application and 
Order 
3.75 $1,425.00 
6/14/04 Revise MKB Affidavit re fees/Prepare Application and 
Order 
4.166 $1,583.08 
6/14/04 Finalize MKB Affidavit re fees/Application and Order 1.666 $633.08 
6/17/04 Telephone Conference with team re time entries re GAO 
fee application 
1.25 $475.00 
TOTAL Proof fees 34.16 $12,980.80 
Page 5 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
6/2/00 Accompanied by Rempel, met with Master, DOJ, DOI, & DOT 
re. production of accounting docs. relevant to Cobell litigation, 
including all documentation that purports to represent the 
settlement of IIM accounts in the custody or control of 
disbursement officers. Brooks represented that the settlement of 
Disbursing officer accounts also settled IIM accounts. Asst. 
Secretary of the Treasury Don Hammond confirmed that the 
settlement of disbursing officer accounts did not result in an 
accounting of IIM trust accounts. 
2.1 $735.00 Previously 
Billed/Denied 
Outside of Scope 
6/2/00 Prepare for Special Master meeting re. Defendants 
misrepresentation re. settlement of Indian disbursing officer 
accounts as accounting IIM trust accounts 
0.8 $280.00 Previously 
Billed/Denied 
Outside of Scope 
6/5/00 Telcom. with Brian Ferrell, DOJ, requesting production of all 
documents relevant to settlement of IIM accounts in the custody 
or control of disbursement officers, at least with respect to the 
named plaintiffs and their predecessors-in-interes ? in 
conformity with the representations of Brooks at the 6.2.00 
meeting at the Master's office. 
0.3 $105.00 Outside of Scope 
6/6/00 Telcoms. with Ferrell re. same. (Document Production & 
Account Settlement) 
0.3 $105.00 Outside of Scope 
7/5/00 Telcoms. Holt re. GAO summary judgment/accounting 0.7 $245.00 Previously 
Billed/Denied 
Outside of Scope 
7/25/00 Draft MSJ surreply re. Defs' material misrepresentations re. 
GAO 
1.7 $595.00 Previously 
Billed/Denied 
Outside of Scope 
9/19/00 Telcom. Harper re. GAO settlement issues and action to take 
regarding Brooks delivery of threat to file motion for summary 
judgment claiming falsely that the settlement of disbursing 
officers' accounts for 30 years discharges defs' accounting duty 
from 1921-1950. 
0.2 $70.00 
9/20/00 Telcom. with Harper re. same. 0.3 $105.00 
9/22/00 Telcoms. with Ferrell re. GAO settlements of account issues and 
conflicting representations Brooks and Hammond. 
0.8 $280.00 
9/22/00 Meet with Rempel re. Defendants Third Phase II Motion for 
Partial Summary Judgment (Re: Settlement of Accounts by 
Treasury and GAO) ("MSJ III") and in response collect 
documents in create factual appendix to explicitly refute 
misrepresentations, including opinion of Don Hammond. 
0.6 $210.00 
Page 6 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
9/24/00 Review MSJ, note defs' claims, identify responses, and assess 
authorities in opposition to such claims. 
0.7 $245.00 Previously 
Billed/Denied 
9/24/00 Review relevant documents and prepare letters to Brooks and 
Ferrell concerning same and in response to letters defending 
MSJ claims. 
2.2 $770.00 Previously 
Billed/Denied 
9/25/00 Work on MSJ III response; begin review legal authorities, e.g., 
"Law of Appropriations" and cases and Comptroller General 
discussion of nature and scope of settlement of accounts process 
and legal impact; begin review of documents related thereto. 
8 $2,800.00 Previously 
Billed/Denied 
9/26/00 Telcoms. Harper re. nature and scope of settlements-of-account 
process per Comptroller General. 
0.3 $105.00 Previously 
Billed/Denied 
9/26/00 Continue document review, revisions, legal research for MSJ III 
response. 
4.5 $1,575.00 Previously 
Billed/Denied 
9/26/00 Telcom. Harper re. MSJ III draft. 0.2 $70.00 Previously 
Billed/Denied 
9/26/00 Telcom. Holt re. same. 0.3 $105.00 Previously 
Billed/Denied 
9/27/00 Continue document review, revisions, legal research for MSJ III 
response. 
5 $1,750.00 
9/28/00 Continue document review, revisions, legal research for MSJ III 
response 
6.2 $2,170.00 Previously 
Billed/Denied 
9/28/00 Telcom. Harper re. MSJ III draft. 0.4 $140.00 Previously 
Billed/Denied 
9/30/00 Continue document review, revisions, legal research for MSJ III 
response 
5 $1,750.00 Previously 
Billed/Denied 
10/1/00 Continue document review, revisions, legal research for MSJ III 
response 
1 $350.00 Previously 
Billed/Denied 
10/4/00 Telcoms. with Harper re. MSJ III response. 1.4 $490.00 Previously 
Billed/Denied 
10/4/00 Telcom. Holt re. MSJ III issues. 0.1 $35.00 
10/4/00 Review relevant authorities; documentation. 0.8 $280.00 
10/5/00 Continue work on MSJ III response; continue review of legal 
authorities; documents. 
4.9 $1,715.00 
10/5/00 Telcom. Interior witness confirming false GAO MSJ. 0.1 $35.00 Previously 
Billed/Denied 
10/6/00 Discussion with Rempel re. relevance of BIA regs. to MSJ III 
and Trial 1 testimony and exhibits related thereto for reference 
in opposition to MSJ III. 
0.2 $70.00 
Page 7 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
10/7/00 Continue work on MSJ III response; continue review of legal 
authorities; documents, including data reports, oil & gas reports, 
and assessments of nature and scope of settlements process re. 
the class. 
9.1 $3,185.00 Previously 
Billed/Denied 
10/7/00 Telcoms. with Harper re. MSJ III documentation issues given 
the refusal of Interior and Treasury to produce documents to 
support their settlement of account claims. 
0.9 $315.00 Previously 
Billed/Denied 
10/8/00 Continue document review, revisions, legal research for MSJ III 
response. Includes review of data reports, oil & gas reports, and 
assessments of nature and scope of settlements process re. the 
class; compare "accounting" to desk audits by GAO and 
Treasury of disbursing officer reports. 
3.9 $1,365.00 Previously 
Billed/Denied 
10/28/00 Revise and redraft draft opposition to MSJ III. 4.5 $1,575.00 Previously 
Billed/Denied 
10/28/00 Conference call with Harper and Brown re. status of MSJ III 
and issues that need to be flushed out. 
0.4 $140.00 Inconsistent with 
Harper & Brown 
bills 
10/28/00 Discussion with Rempel re. MSJ III draft and necessary edits. 1.2 $420.00 
10/28/00 Telcom. Harper re. MSJ III issues. 0.5 $175.00 Previously 
Billed/Denied 
10/29/00 Revise and redraft draft opposition to MSJ III. 4 $1,400.00 Previously 
Billed/Denied 
10/29/00 Telcom. Harper re. defendants' misrepresentations regarding 
settlement of accounts v. accounting. 
0.1 $35.00 Previously 
Billed/Denied; 
Inconsistent with 
Harper bill 
10/30/00 Discussion with Rempel re. MSJ III draft and necessary edits. 0.2 $70.00 Inconsistent with 
Rempel bill 
10/30/00 Conference call with Harper and Brown re. status of MSJ III. 0.5 $175.00 Inconsistent with 
Harper bill 
10/30/00 Conference call with Rempel, Harper and Brown re. status of 
remaining tasks re. MSJ III response including need for Rempel 
supporting affidavit vis-a-vis admissions of Don Hammond, etc. 
1 $350.00 Inconsistent with 
Rempel, Harper, 
& Brown bills 
10/30/00 Continue revisions of MSJ III draft response. 4.6 $1,610.00 Previously 
Billed/Denied 
10/31/00 Revise and redraft opposition to MSJ III. 6.9 $2,415.00 Previously 
Billed/Denied 
11/1/00 Revise and redraft draft opposition to MSJ III based on Rempel 
additions. 
6.1 $2,135.00 Previously 
Billed/Denied 
Page 8 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
11/2/00 Continue revisions of Rempel additions to MSJ III draft 
response and review and comment on Rempel affidavit in 
support of certain factual statements including admissions of 
Hammond. 
4.4 $1,540.00 Previously 
Billed/Denied 
11/2/00 Conference call with Rempel, Harper and Brown re. status of 
remaining tasks and text of Rempel affidavit. 
0.4 $140.00 
11/3/00 Finalize Plaintiffs' Opposition to Defendants' Third Phase II 
Motion for Partial Summary Judgement (Re: Settlement of 
Accounts by Treasury and GAO). 
11.6 $4,060.00 Previously 
Billed/Denied 
11/3/00 Telcoms. with Harper re. finalization of MSJ III opposition. 0.4 $140.00 Previously 
Billed/Denied 
11/3/00 Telcom. Ferrell re. service of MSJ III opposition. 0.1 $35.00 Previously 
Billed/Denied 
11/3/00 Telcom. Cobell re. MSJ III issues. 0.3 $105.00 Previously 
Billed/Denied 
11/6/00 Telcom. Brown re. Sanctions for defs’ materially false GAO 
MSJ III. 
0.5 $175.00 Inconsistent with 
Brown bill 
2/1/02 Meet and confer with Cynthia Alexander and Matt Fader, DOJ, 
and object to defendants' motion to withdraw pending motion 
for partial summary judgement regarding GAO Settlement of 
Accounts of disbursing officers as discharging the accounting of 
IIM Trust beneficiaries ("MSJ III"). 
0.1 $36.00 
2/1/02 Telcom. Harper re. same. 0.1 $36.00 Inconsistent with 
Harper bill 
2/1/02 Telcoms. Cobell re. same. 0.3 $108.00 
2/4/02 Telcom. Cobell re. same, particularly impact false MSJ III was 
intended to have on class. 
0.2 $72.00 
2/12/02 Telcoms. Ferrell re. MSJ III issues, intended impact, etc. 0.2 $72.00 
2/14/02 Review and revise Plaintiffs' Opposition to Motion to Withdraw 
Defendants' Motions for Summary Judgment; Plaintiffs' Cross- 
Motions for Summary Judgment as to (B) The Non-Settlement 
of accounts to reinforce such settlement of Indian disbursing 
officer accounts does not constitute an accounting of IIM trust 
accounts. 
8.5 $3,060.00 Partial Recovery 
2/14/02 Telcoms. Harper re. same. 0.2 $72.00 Partial Recovery 
2/14/02 Conference call with Cobell and Rempel re. defs' motion to 
withdraw MSJ III, the intended affect of the motion, the 
deception practiced on the district court, and reasons for the 
opposition. 
0.4 $144.00 Partial Recovery 
Page 9 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
2/15/02 Finalize revisions and refinement of opp. to defs' motion and 
cross motion re. MSJ III. 
6.2 $2,232.00 Partial Recovery 
2/15/02 Conference call with Cobell and Rempel re opp. to motion to 
withdraw MSJ III and crossmotion for summary judgment. 
0.5 $180.00 Partial Recovery 
3/5/02 Review, revise, and redraft reply to consolidated MSJ III cross 
motion and show cause motion. 
11 $3,960.00 Partial Recovery 
3/5/02 Telcoms. Harper re. same. 0.6 $216.00 Inconsistent with 
Harper bill 
3/8/02 Review, revise, and modify current draft of consolidated MSJ 
III crossmotion. 
1.2 $4,320.00 Partial Recovery 
3/11/02 Conference call with Cobell and Rempel re. consolidated MSJ 
III crossmotion, accounting implica bad faith, irreparable harm. 
1.2 $432.00 Partial Recovery 
3/11/02 Continue revisions and refinement of MSJ III draft in 
accordance with discussion with Cobell and Rempel, and 
Harper. 
6.6 $2,376.00 Partial Recovery 
3/11/02 Telcoms. Harper re. same. 1.3 $468.00 Inconsistent with 
Harper bill 
3/11/02 Telcoms. Cobell re. same. 1.1 $396.00 Partial Recovery 
3/11/02 Discussion with Rempel re. MSJ III reply draft and necessary 
revisions, additional supporting documents. 
0.8 $288.00 Partial Recovery 
3/12/02 Continue revisions and refinement of MSJ III reply draft, 
including factual appendix. 
14.5 $5,222.00 Partial Recovery 
3/12/02 Telcoms. Harper re. same. 1.1 $396.00 Inconsistent with 
Harper bill 
3/12/02 Conference call Brown and Harper re. same. 0.8 $288.00 Inconsistent with 
Harper & Brown 
bills 
3/12/02 Discussion with Rempel re. same. 0.6 $216.00 Partial Recovery 
3/13/02 Finalize revisions and refinement of MSJ III reply draft, 
including factual appendix; confirm supporting documentation. 
13.2 $4,752.00 Partial Recovery 
3/13/02 Telcoms. Harper re. same. 2.3 $828.00 Inconsistent with 
Harper bill 
3/13/02 Telcoms. Cobell re. same. 0.5 $180.00 Partial Recovery 
3/13/03 Conference call Cobell and Rempel re. same. 0.4 $144.00 Inconsistent with 
Rempel bill 
4/22/00 Review GAO Gamboa April 19, 2002 letter that confirms 
knowingly false representations made re. settlement of IIM 
accounts. 
0.5 $180.00 Partial Recovery 
Page 10 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
4/22/02 Telcoms. Harper re. same and implications of knowingly false 
representations to Court and pltffs' and plaintiffs' counsel. 
0.6 $216.00 Inconsistent with 
Harper bill 
4/23/02 Telcoms. with Cobell re. same. 0.5 $180.00 Partial Recovery 
4/23/02 Telcoms. with Harper re. same. 0.4 $144.00 Inconsistent with 
Harper bill 
4/24/02 Review implications of Gamboa admissions and willful 
misrepresentations to Court and pltffs' counsel; review all 
filings by government and plaintiffs related thereto and consider 
options to rectify consequences of deception. 
2.9 $1,044.00 Outside of Scope 
4/24/03 Telcom. Holt re. same. 0.3 $108.00 Outside of 
Scope/Denied 
4/24/03 Telcom. Levitas re same. 0.7 $252.00 Inconsistent with 
Levitas bill; 
Outside of 
Scope/Denied 
4/24/02 Telcom. Cobell re. same. 0.5 $180.00 Outside of 
Scope/Denied 
4/24/02 Telcom. Harper re. same. 0.6 $216.00 Inconsistent with 
Harper bill; 
Outside of 
Scope/Denied 
4/24/02 Telcom. Fasold re. same. 0.2 $72.00 Ouside of 
Scope/Denied 
4/25/02 Telcom. Harper re. same. 0.4 $144.00 Inconsistent with 
Harper bill; 
Outside of 
Scope/Denied 
4/25/02 Telcom. Levitas re same. 0.1 $36.00 Inconsistent with 
Levitas bill; 
Outside of 
Scope/Denied 
5/1/02 Telcom. Craig Lawrence, U.S. Attorney's Office re. Gamboa 
letter and its implications. 
0.2 $72.00 Previously 
Billed/Denied; 
Outside of Scope 
5/1/02 Telcoms. Scott Harris, U.S. Attorney's Office, re. same. 0.4 $144.00 Previously 
Billed/Denied; 
Outside of Scope 
5/2/02 Telcom. Craig Lawrence, U.S. Attorney's Office, re same. 0.4 $144.00 Previously 
Billed/Denied; 
Outside of Scope 
Page 11 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
5/2/02 Work on notice of supplemental authority re. Gamboa letter. 0.6 $216.00 Outside of 
Scope/Denied 
5/2/02 Telcoms. Harper re. discussions with U.S. Attorney's office and 
notice of supplemental authority re. Gamboa letter. 
0.9 $324.00 Inconsistent with 
Harper bill; 
Outside of 
Scope/Denied 
5/3/02 Review and revise consolidated motion for leave to amend 
plaintiffs' 2.15.02 MSJ III contempt motion and finding 
pursuant to R 56(g) per newly discovered evidence, i.e., the 
Gamboa letter. 
5.6 $2,016.00 Outside of 
Scope/Denied 
5/3/02 Telcom. Craig Lawrence, U.S. Attorney's Office, re same. 0.1 $36.00 Previously 
Billed/Denied 
5/4/02 Work on notice of supp. authority, leave to amend 2.15.02 MSJ 
III contempt motion, amendment of MSJ III contempt motion 
per newly discovered evidence. 
3.9 $1,404.00 Outside of 
Scope/Denied 
5/5/02 Continue to draft and revise same. 6.3 $2,268.00 Outside of 
Scope/Denied 
5/5/02 Telcom. Harper re. issues and implications re. same. 0.1 $36.00 Inconsistent with 
Harper bill; 
Outside of 
Scope/Denied 
5/6/02 Telcom. Lawrence re. same. 0.2 $72.00 Previously 
Billed/Denied 
5/6/02 Work on notice of supp. authority, leave to amend 2.15.02 MSJ 
III contempt motion, amendment of MSJ III contempt motion 
per newly discovered evidence. 
5.3 $1,908.00 Outside of 
Scope/Denied 
5/6/02 Telcoms. Harper re. same. 0.2 $72.00 Inonsistent with 
Harper bill; 
Outside of 
Scope/Denied 
5/7/02 Work on motion for leave to amend 2.15.02 MSJ III contempt 
motion, amendment of MSJ III contempt motion per newly 
discovered evidence. 
3.7 $1,332.00 Outside of 
Scope/Denied 
5/7/02 Telcoms. Lawrence re. same. 1.2 $432.00 Outside of 
Scope/Denied 
5/9/02 Telcoms. Harper re. same. 0.3 $108.00 Inconsistent with 
Harper bill; 
Outside of 
Scope/Denied 
5/9/02 Work on motion for leave to amend 2.15.02 MSJ III contempt 
motion, amendment of MSJ III contempt motion per newly 
discovered evidence. 
5.4 $1,944.00 Outside of Scope/ 
Denied 
Page 12 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
5/10/02 Work on motion for leave to amend 2.15.02 MSJ III contempt 
motion, amendment of MSJ III contempt motion per newly 
discovered evidence. 
0.2 $72.00 Outside of Scope/ 
Denied 
5/10/02 Telcom. Lawrence re. same. 0.1 $36.00 Outside of Scope/ 
Denied 
5/10/02 Telcom. Harper re. same. 0.1 $36.00 Inconsistent with 
Harper bill; 
Outside of 
Scope/ Denied 
5/12/02 Telcom. Harper re. same 0.2 $72.00 Inconsistent with 
Harper bill; 
Outside of Scope/ 
Denied 
5/13/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
2.7 $972.00 Outside of Scope/ 
Denied 
5/13/02 Telcoms. Harper re. same. 0.4 $144.00 Inconsistent with 
Harper bill; 
Outside of Scope/ 
Denied 
5/13/02 Telcoms. Levitas re. same. 0.3 $108.00 Inconsistent with 
Levitas bill; 
Outside of Scope 
5/14/02 Telcom with Lawrence re. same. 0.4 $144.00 Outside of Scope/ 
Denied 
5/14/02 Discussion with Rempel re. same. 0.1 $36.00 Outside of Scope/ 
Denied 
5/14/02 Telcom. Cobell re. same. 0.4 $144.00 Outside of Scope/ 
Denied 
5/14/02 Telcom. Levitas re same. 0.5 $180.00 Inconsistent with 
Levitas bill; 
Outside of Scope/ 
Denied 
5/15/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
1.8 $648.00 Outside of Scope/ 
Denied 
5/15/02 Telcoms. Harper re. comments to same. 0.4 $144.00 Inconsistent with 
Harper bill; 
Outside of Scope/ 
Denied 
5/16/02 Telcom. Lawrence re. same. 0.1 $36.00 Outside of Scope/ 
Denied 
Page 13 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
5/16/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
7.4 $2,664.00 Outside of Scope/ 
Denied 
5/16/02 Telcom. Scott Harris re. same. 0.1 $36.00 Outside of Scope/ 
Denied 
5/17/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
7 $2,520.00 Outside of Scope/ 
Denied 
5/18/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
1.9 $684.00 Outside of Scope/ 
Denied 
5/20/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
2.2 $792.00 Outside of Scope/ 
Denied 
5/24/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
4.7 $1,692.00 Outside of Scope/ 
Denied 
5/24/02 Telcom. Lawrence re. same. 0.1 $36.00 Outside of Scope/ 
Denied 
5/24/02 Telcom. Cobell re. same. 0.4 $144.00 Outside of Scope/ 
Denied 
5/24/02 Telcom. Cobell re. same. 0.1 $36.00 Outside of Scope/ 
Denied 
5/25/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
4 $1,440.00 Outside of Scope/ 
Denied 
5/25/02 Telcoms. Harper re. same. 0.2 $72.00 Inconsistent with 
Harper bill; 
Outside of Scope/ 
Denied 
5/26/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
7.1 $2,556.00 Outside of Scope/ 
Denied 
5/27/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
8.8 $3,168.00 Outside of Scope/ 
Denied 
5/27/02 Telcom. Harper re. same. 0.2 $72.00 Inconsistent with 
Harper bill; 
Outside of Scope/ 
Denied 
Page 14 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
5/28/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
2.6 $936.00 Outside of Scope/ 
Denied 
5/28/02 Telcom. Lawrence re. same. 0.2 $72.00 Outside of Scope/ 
Denied 
5/30/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
2.5 $900.00 Outside of Scope/ 
Denied 
5/30/02 Telcom. Harper re. same. 0.3 $108.00 Inconsistent with 
Harper bill; 
Outside of Scope 
5/31/02 Telcom. Lawrence re. same. 0.1 $36.00 Outside of 
Scope/Denied 
6/1/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
3.4 $1,258.00 Outside of 
Scope/Denied 
6/3/02 Telcom. Lawrence re. meet and confer re filing of MSJ III 
contempt motion. 
0.4 $148.00 Outside of 
Scope/Denied 
6/3/02 Work on motion to amend 2.15.02 MSJ III contempt motion, 
amendment of MSJ III contempt motion per newly discovered 
evidence. 
2 $740.00 Outside of 
Scope/Denied 
6/3/02 Discussion with Rempel re. same. 0.5 $185.00 Outside of 
Scope/Denied 
6/3/02 Telcoms. Harper re. same. 0.3 $111.00 Inconsistent with 
Harper bill; 
Outside of 
Scope/Denied 
6/4/02 Continued telcoms. Lawrence re. meet and confer on MSJ III 
contempt motion. 
0.7 $259.00 Outside of 
Scope/Denied 
6/4/02 Telcoms. Harper re. same. 0.4 $148.00 Outside of 
Scope/Denied 
6/4/02 Finalize motion to amend 2.15 02 MSJ III contempt motion, 
amendment fo MSJ III contempt motion per newly discovered 
evidence. 
8.6 $3,182.00 Outside of 
Scope/Denied 
6/6/02 Research and analyze complex personal service issues re. 
nonparties as to same. 
4 $1,480.00 Outside of 
Scope/Denied 
6/6/02 Telcoms. Scott Harris, U.S. Attorney's Office, re. same. 0.4 $148.00 Outside of 
Scope/Denied 
6/6/02 Telcoms. Lawrence re. same. 0.6 $222.00 Outside of 
Scope/Denied 
Page 15 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
6/6/02 Telcoms. Harper re. same. 0.6 $222.00 Outside of 
Scope/Denied 
6/7/02 Telcom. Lawrence re. unresolved personal service issues in 
connection with MSJ III contempt. 
0.1 $37.00 Outside of 
Scope/Denied 
6/7/02 Conference call Rempel, Harper, Brown concerning 
appealability of contempt re. MSJ III contemnors, officially and 
individually, including DOJ attorneys. 
1.1 $407.00 Inconsistent with 
Harper & Brown 
bills; 
Outside of 
Scope/Denied 
6/8/02 Telcoms. Lawrence re. MSJ III personal service logistical 
issues. 
0.5 $185.00 Outside of 
Scope/Denied 
6/8/02 Telcoms. Harper re. same. 1.5 $555.00 Inconsistent with 
Harper bill; 
Outside of 
Scope/Denied 
6/9/02 Telcom. Lawrence re. unresolved personal service issues in 
connection with MSJ III contempt. 
0.1 $37.00 Outside of 
Scope/Denied 
6/19/02 Telcom. Lawrence re. production of GAO documents referenced 
in Gamboa letter but withheld by defendants. 
0.5 $185.00 Outside of 
Scope/Denied 
6/20/02 Telcom. Lawrence re. same. 0.1 $37.00 Previously 
Billed/Denied 
6/20/02 Telcom. Harper re. same. 0.1 $37.00 Outside of 
Scope/Denied; 
Inconsistent with 
Harper bil; 
6/21/02 Telcom. Lawrence re. same. 0.1 $37.00 Previously Billed; 
Outside of 
Scope/Denied 
6/24/02 Telcoms. Lawrence re. same. 0.3 $111.00 Previously Billed; 
Outside of 
Scope/Denied 
6/24/02 Meet with Cobell concerning Gamboa letter and MSJ III. 1 $370.00 Outside of 
Scope/Denied 
6/25/02 Work on reply to MSJ III, including review of defs' cases and 
authorities and begin preparation of draft. 
5 $1,850.00 Outside of 
Scope/Denied 
6/25/02 Telcom. Lawrence re. production of GAO documents referenced 
in Gamboa letter but withheld by defendants. 
0.4 $148.00 Previously Billed; 
Outside of 
Scope/Denied 
6/26/02 Continue work on Gamboa/MSJ III reply; includes research and 
draft revisions. 
2.2 $814.00 Outside of 
Scope/Denied 
Page 16 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
6/27/02 Continue work on Gamboa/MSJ III reply; includes research and 
draft revisions. 
1.3 $481.00 Outside of 
Scope/Denied 
6/27/02 Telcom. Harper re. same. 0.1 $37.00 Inconsistent with 
Harper bill; 
Outside of 
Scope/Denied 
6/27/02 Meet with Cobell re. same. 0.4 $148.00 Outside of 
Scope/Denied 
6/28/02 Continue work on Gamboa/MSJ III reply; includes research and 
draft revisions. Consolidated Motion for Leave to Amend and 
Motion to Amend Plaintiffs' February 15, 2002 Summary 
Judgment Contempt Motion and a Contempt Finding Pursuant 
to F.R.C.P. 56(g) in accordance with Newly Discovered 
Evidence: The April 19, 2002 Letter of GAO 
General Counsel Anthony Gamboa to OHTA Director Bert 
Edwards). 
3.7 $1,369.00 Outside of 
Scope/Denied 
6/28/02 Telcom. Harper re. same. 0.4 $148.00 Inconsistent with 
Harper bill; 
Outside of Scope 
7/1/02 Telcom. Lawrence re. production of GAO documents referenced 
in Gamboa letter but withheld by defendants. 
0.1 $37.00 Outside of 
Scope/Denied 
7/5/02 Telcom. Lawrence re. continued failure to produce GAO 
documents referenced, and in connection, with Gamboa letter. 
0.2 $74.00 Previously Billed; 
Outside of 
Scope/Denied 
7/9/02 Telcom. Lawrence re. continued failure to produce GAO 
documents referenced, and in connection, with Gamboa letter. 
0.5 $185.00 Previously Billed; 
Outside of 
Scope/Denied 
7/11/02 Telcom. Lawrence re. continued failure to produce GAO 
documents referenced, and in connection with Gamboa letter. 
0.4 $148.00 Previously Billed; 
Outside of 
Scope/Denied 
7/19/02 Prepare letter to Lawrence re. continued failure to produce GAO 
documents referenced, and in connection with, Gamboa letter, 
particularly with respect to docs. created, or received, by 
Interior and Treasury in response to GAO general counsel's 
opinion that IIM accounts were not settled. 
1 $370.00 Outside of 
Scope/Denied 
7/29/02 Telcom. Lawrence re. same. 0.3 $111.00 Previously Billed; 
Outside of 
Scope/Denied 
7/30/02 Prepare letter response to Lawrence re. same. 0.3 $111.00 Previously Billed; 
Outside of 
Scope/Denied 
Page 17 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
8/6/02 Telcom. Lawrence re. same. 0.3 $111.00 Previously Billed; 
Outside of 
Scope/Denied 
8/7/02 Telcom. Lawrence re. same. 0.1 $37.00 Previously Billed; 
Outside of 
Scope/Denied 
8/8/02 Review first production of docs. referenced in Gamboa letter 
further demonstrating bad faih of defs' in filing MSJ III. 
1.3 $481.00 Outside of 
Scope/Denied 
9/13/02 Telcoms. Lawrence re. production of remaining relevant 
Gamboa related docs. 
0.2 $74.00 Outside of 
Scope/Denied 
9/16/02 Telcom. Lawrence re. same. 0.1 $37.00 Outside of 
Scope/Denied 
1/28/03 Conference call Harper and Brown re. need to file MSJ 
declaring settlement of disbursing officer accounts does not 
settle or constitute accounting of IIM Trust accounts. 
0.4 $148.00 Outside of Scope; 
Inconsistent with 
Brown & Harper 
bills 
1/30/03 Review documents in support of statement of undesputed 
material facts re. MSJ settlements of Account. Review and 
revise Plaintiffs' Motion for Partial Summary Judgment as to the 
NonSettlement of Accounts and Defendants' Failure to Perform 
the Accounting, in Whole or Part, Ordered by this Court on 
December 21, 1999 and Plaintiffs' Statement of Material Fasts 
as to Which There is No Genuine Issue in Support of Motion 
for Partial Summary Judgment. 
6.1 $2,257.00 Outside of Scope 
1/31/03 Telcom. Harper re. same. 0.3 $111.00 Outside of Scope; 
Inconsistent with 
Harper bill 
1/31/03 Review and revise motion for partial summary judgment and 5.4 $1,998.00 Outside of Scope 
2/3/03 Finalize revisions and refinement of motion for partial summary 
judgment and undisputed material facts. 
6.1 $2,257.00 Outside of Scope 
2/15/03 Telcom. Harper re. same and opp. to defs' motion to strike GAO 
MSJ. 
0.4 $148.00 Outside of Scope; 
Inconsistent with 
Harper bill 
2/21/03 Revise and redraft Reply to defs' opp. to GAO MSJ. 3.6 $1,332.00 Outside of Scope 
2/21/03 Telcoms. Harper re. same. 0.4 $148.00 Outside of Scope; 
Inconsistent with 
Harper bill 
2/21/03 Telcom. Levitas re same. 0.2 $74.00 Outside of Scope; 
Inconsistent with 
Levitas bill 
Page 18 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
2/24/03 Telcom. Harper re. same. 0.4 $148.00 Outside of Scope; 
Inconsistent with 
Harper bill 
2/24/03 Telcoms. Levitas re. same. 0.5 $185.00 Outside of Scope; 
Inconsistent with 
Levitas bill 
2/26/03 Telcom. Levitas re same. 0.1 $37.00 Outside of Scope; 
Inconsistent with 
Levitas bill 
2/27/03 Prepare affidavit in support of Plaintiffs' Consolidated Motion 
to Treat as Conceded Plaintiffs' Motion for Partial Summary 
Judgment as to the NonSettlement of Accounts and Defendants' 
Failure to Perform the Accounting, in Whole or Part, Ordered 
by this Court on December 21, 1999 and to Strike as Untimely 
Defendants' Opposition to Plaintiffs' Motion for Partial 
Summary Judgment as to NonSettlement of Accounts, or in the 
Alternative, Motion for Enlargement of Time Within Which to 
Reply to Defendants' Opposition Brief; review and revise 
motion to strike as conceded Plaintiffs' Motion for Partial 
Summary Judgment. 
4.3 $1,591.00 Outside of Scope 
3/8/03 Review and Revise draft Motion to Continue and Enlargement 
of Time re. GAO Summary Judgment. 
5.5 $2,035.00 Outside of Scope 
3/12/03 Review and revise Plaintiffs' Motion to Continue Defendants' 
Motions for Summary Judgment Pursuant to Fed. R. Civ. P. 
56(f) and to Enlarge Plaintiffs' Time to Respond 
Thereto and Affidavit of Dennis Gingold in Support Thereof 
and draft affidivate which avers, among other things, that 8 
requests for docs. regarding the April 19, 2002 Gamboa letter 
remained unsatisifed, affecting plaintiffs' ability to 
provide fully informed opposition to defs' motion. 
4.3 $1,591.00 Outside of Scope 
3/10/03 Review documents and begin draft affidavit in support of 
Motion to Continue GAO MSJ due to failure of defendants' to 
produced relevant referenced docuements. 
3.8 $1,406.00 Outside of Scope 
3/12/03 Continue such review and preparation of affidavit. 0.3 $111.00 Outside of Scope 
3/13/03 Finalize same and prepare affidavit in support of Plaintiffs' 
Motion to Continue Motions for Summary Judgment due to 
failure of defendants to produce documents relevant to GAO 
Settlements issues, including evidence related to Defendants' 
Statment of Material Facts in Support of Motion for Partial 
Summary Judgment re. April 19, 2002 Gamboa letter and 
document references contained therein. 
7.4 $2,738.00 Outside of Scope 
3/13/03 Telcom. Harper re. same. 0.3 $111.00 Outside of Scope 
Page 19 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
4/7/03 Review and revise Plaintiffs' Reply re. Motion to Continue 
Defendants' Motions for Summary Judgment Pursuant to Fed. 
R. Civ. P. 56(f) and to Enlarge Plaintiffs' Time to Respond 
Thereto due to defs' refusal to comply with relevant doc. 
production requests. 
1.3 $481.00 Outside of Scope 
4/8/03 Review and revise Opposition to Defendants' Latest Motion for 
Reconsideration with Respect to this Court's March 11, 2003 
Memorandum and Order and Request for Enlargement of Time 
Within Which to Submit Filing Detailing Amount of 
Reasonable Expenses and Attorneys' Fees Incurred. 
2.9 $1,073.00 
4/9/03 Review and Revise Plaintiffs' Reply to Defendants' Opposition 
to Plaintiffs' Motion for Partial Summary Judgment as to the 
NonSettlement of Accounts. 
4.2 $1,554.00 Outside of Scope 
6/7/04 Review relevant memoranda and orders and diary entries, 
allocate and begin preparation of time 
7 $2,730.00 
6/7/04 Telcom. Harper re. scope of orders and time allocation issues. 0.4 $156.00 
6/8/04 Allocate, review briefs, other filings, affidavits, related briefs, 
and prepare time in accordance with GAO sanctions decision. 
8.3 $3,237.00 
6/9/04 Telcoms. Harper re. same. 0.7 $273.00 Inconsistent with 
Harper bill 
6/9/04 Allocate and prepare time in accordance with GAO sanctions 
decision. 
5.1 $1,989.00 
6/10/04 Allocate and prepare time in accordance with GAO sanctions 
decision. 
8.4 $3,276.00 
6/11/04 Allocate and prepare time in accordance with GAO sanctions 
decision. 
6.5 $2,535.00 
6/12/04 Allocate and prepare time in accordance with GAO sanctions 
decision. 
4 $1,560.00 
6/13/04 Allocate and prepare time in accordance with GAO sanctions 
decision. 
4.8 $1,872.00 
6/14/03 Begin preparation of affidavit in support of fee application. 
Allocate and prepare time in accordance with GAO sanctions 
decision. 
5.7 $2,223.00 
6/14/04 Revise draft affidavit in support of GAO fee request. 1 $390.00 
6/14/04 Telcom. Harper re. GAO time and scope of roders 0.2 $78.00 Inconsistent with 
Harper bill 
6/15/04 Allocate and adjust time in accordance with GAO sanctions 
decision; revise draft affidavit; review Rempel time and 
affidavit to confirm accuracy and fairness; discuss issues with 
Rempel re same. 
7 $2,730.00 
Page 20 of 34 REVIEW OF GINGOLD SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
6/16/04 Review and revise GAO Fee Schedule to correct errors and 
clarify per discussions with Rempel and Harper as to scope of 
Orders and work performed in connection with defendants’ 
repeated filing of false Sapienza declaration. Revise affidavit to 
conform to such discussion. 
1.6 $624.00 
6/16/04 Conference call Rempel and Harper to confirm accuracy of time 
entries and scope of action taken in connection with protection 
of class re. defs’ repeated filing of false Sapienza declaration. 
2 $780.00 Inconsistent with 
Harper bill 
6/16/04 Conference call Rempel, Harper, and Brown re. same. 1 $390.00 Inconsistent with 
Harper & Brown 
bills 
6/17/04 Continue revision of affidavit in conformity with same. 0.9 $351.00 
6/17/04 Telcom. Harper re. same. 0.2 $78.00 
6/19/04 Revise transmittal papers to Court in accordance with comments 
from Rempel and Harper. 
0.8 $312.00 
6/19/04 Telcoms. Harper re. same and comments re. affidavits. 0.5 $195.00 Inconsistent with 
Harper bill 
6/20/04 Draft memorandum to Brown re. clarification of Brown 
affidavit and time. 
0.4 $156.00 
6/21/04 Telcoms. Harper re. clarification of affidavits and time entries in 
conformity with order. 
0.5 $195.00 Inconsistent with 
Harper bill 
6/21/04 Review Brown revisions. 0.3 $117.00 
6/21/04 Provide comments to Brown on additional revision. 0.2 $78.00 
6/21/04 Continuing preparation of GAO time. 0.3 $117.00 
Total 455.6 $170,123.00 
Page 21 of 34 REVIEW OF REMPEL SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
6/2/00 Meet and Confer /w DOI and DOI counsel before Special 
Master re various motions. Includes discussion w/ Dennis 
Gingold, Mark Brown between meetings and preparation and 
review of the existing status of discovery. During the course of 
this meeting Assistant Secretary Don Hammond confirmed that 
the settlement of accounts process did not constitute an 
accounting of the individual Indian trust accounts. 
6.5 $1,462.50 Outside of Scope 
9/22/00 CC w/ Rick Fasold re : Defs' Third Motion for Summary 
Judgment (GAO settlement of accounts) and available material 
available to refute; compile information for opposition. 
0.3 $67.50 
9/22/00 Discussion w/ Dennis Gingold re DOT and GAO settlement of 
accounts and defendants' 3rd Motion for Summary Judgment. 
0.6 $135.00 Adjusted to 
$90/hour 
9/23/00 Review Defs' Motion for MSJ and exhibits re: GAO settlement 
of accounts. 
1.7 $382.50 Previously billed 
9/25/00 Review Defs' Motion for MSJ and exhibits re: GAO settlement 
of accounts; begin drafting and preparing response. 
5.5 $1,237.50 Previously billed 
9/26/00 Review Defs' Motion for MSJ and exhibits re: GAO settlement 
of accounts; begin drafting and preparing response. 
9.5 $2,137.50 Previously billed 
9/27/00 Review Mildred Cleghorn documentation for settled accounts as 
it relates to Defs' 3rd MSJ (settlement of accounts process). 
4.2 $945.00 Previously billed 
9/28/00 CC w/ Rick Fasold re : BIA documentation reviewed. 
Conference call in context of Defs' 3rd MSJ and 
availability of information to refute defendants' contention that 
the GAO settled the IIM accounts. 
0.1 $22.50 Previously billed 
9/28/00 Review Defs' Motion for MSJ and exhibits re: GAO settlement 
of accounts; begin drafting and preparing response. 
7.2 $1,620.00 Previously billed 
9/29/00 Draft, edit response to Defendants' 3rd MSJ (re. settlement of 
accounts process). 
1.9 $427.50 Previously billed 
9/29/00 Draft preliminary statement of facts for opposition to Defs' MSJ 
(re. settlement of accounts process). 
3.5 $787.50 Previously billed 
10/5/00 CC with Lorna Babby re: production of policy and procedure 
boxes. This conference call was initiated for the purpose of 
ascertaining whether there was an information contained in 
prior discovery (policy and procedures boxes) that might assist 
in drafting the opposition to Defs' 3rd MSJ (settlement of 
accounts process). 
0.3 $67.50 
Page 22 of 34 REVIEW OF REMPEL SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
10/5/00 Draft statement of facts for Response to Defs' MSJ III (re. 
settlement of accounts process). Includes reviewing Defs' 
documentation as well as plaintiffs' pertinent trial 1 exhibits and 
testimony for purposes of drafting the opposition. 
1.8 $405.00 Previously billed 
10/6/00 Discuss w/ DG re: BIA regulations and Defs' 3rd MSJ (re. 
settlement of accounts process). Includes discussion of drafting 
opposition and research on historical regulations at 
DOI/DOT/GAO. 
0.2 $45.00 Adjusted to 
$90/hour 
10/6/00 Draft statement of facts for Response to Defs. MSJ III (re. 
settlement of accounts process). Includes reviewing Defs' 
documentation as well as plaintiffs' pertinent trial 1 exhibits and 
testimony for purposes of drafting the opposition. 
7.4 $1,665.00 Previously billed 
10/25/00 Draft statement of facts for Response to Defs. MSJ III (re. 
settlement of accounts process). Includes reviewing Defs' 
documentation (exhibits) and drafting response in light of 
uncontested facts. 
2.5 $562.50 Previously billed 
10/26/00 Draft Response and statement of facts to Defs' MSJ III 
(settlement of accounts process). 
8.5 $1,912.50 Previously billed 
10/27/00 Draft Response and statement of facts to Defs' MSJ III 
(settlement of accounts process). 
3.3 $742.50 Previously billed 
10/28/00 Draft Response and statement of facts to Defs' MSJ III 
(settlement of accounts process). 
3.0 $675.00 Previously billed 
10/28/00 Discussion w/ Dennis Gingold re: Defs' MSJ III and edits to 
draft. 
1.2 $270.00 Previously billed 
10/29/00 CC with Dennis Gingold re: Defs' MSJ III and edits. 0.2 $45.00 Previously billed 
10/30/00 CC w/ Dennis Gingold, Mark Brown, Keith Harper re: 
Response to Defs' MSJ III and tasks. 
1.0 $225.00 Previously billed 
10/30/00 Draft Response and statement of facts to Defs' MSJ III 
(settlement of accounts process). Begin drafting Rempel 
affidavit in support of response. 
7.0 $1,575.00 Previously billed 
11/1/00 Draft Response and statement of facts to Defs' MSJ III 
(settlement of accounts process). Includes drafting Rempel 
affidavit in support of response. 
9.5 $2,137.50 Previously billed 
11/2/00 Draft Response and statement of facts to Defs' MSJ III 
(settlement of accounts process). Includes drafting Rempel 
affidavit in support of response. 
13.0 $2,925.00 Previously billed 
11/2/00 CC w/ DG, MB, KH re Rempel GAO affidavit. 0.2 $45.00 Inconsistent with 
Brown & Harper 
bills 
Page 23 of 34 REVIEW OF REMPEL SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
11/3/00 Draft Response and statement of facts to Defs' MSJ III 
(settlement of accounts process). Includes drafting Rempel 
affidavit in support of response. File and serve response. 
11.5 $2,587.50 Previously billed 
12/15/01 Review material, including facsimiles from the Department of 
Justice and discovery material and prepare for contempt trial. 
4.0 $900.00 Outside of Scope 
12/16/01 Review material, including facsimiles from the Department of 
Justice and discovery material and prepare for contempt trial. 
2.5 $562.50 Outside of Scope 
2/4/02 Review Defs' Motion to Withdrawal Motions for Summary 
Judgment. Edit, draft Opposition to Defs' Motion to Withdraw 
MSJ. 
2.8 $630.00 Pltfs did not 
prevail on 
Opposition to 
Motion to 
Withdraw 
2/10/02 Edit, draft Opposition to Defs' Motion to Wthdrawal MSJ. 
Includes review of trial testimony and exhibits attached to 
original MSJ. 
5.9 $1,327.50 Pltfs did not 
prevail on 
Opposition to 
Motion to 
Withdraw 
2/11/02 Edit, draft Opposition to Defs' Motion to Wthdrawal MSJ. 5.5 $1,237.50 Pltfs did not 
prevail on 
Opposition to 
Motion to 
Withdraw 
2/12/02 Edit, draft Opposition to Defs' Motion to Wthdrawal MSJ. 9.5 $2,137.50 Pltfs did not 
prevail on 
Opposition to 
Motion to 
Withdraw 
2/14/02 CC w/ Elouise Cobell, Dennis Gingold re Defs' 3rd MSJ and 
motion to withdrawal. 
0.4 $90.00 Pltfs did not 
prevail on 
Opposition to 
Motion to 
Withdraw 
2/14/02 Prepare opposition to motion to withdrawal MSJ's and crossmotions 
for summary judgment and sanctions for seeking to 
mislead the Court. 
8.4 $1,890.00 Pltfs did not 
prevail on 
Opposition to 
Motion to 
Withdraw 
2/15/02 CC w/ Elouise Cobell, Dennis Gingold re Defs' 3rd MSJ and 
motion to withdrawal. 
0.5 $112.50 Pltfs did not 
prevail on 
Opposition to 
Motion to 
Withdraw 
Page 24 of 34 REVIEW OF REMPEL SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
2/15/02 Prepare opposition to motion to withdrawal MSJ's and crossmotions 
for summary judgment and sanctions for seeking to 
mislead the Court. File and service opposition. 
6.8 $1,530.00 Pltfs did not 
prevail on 
Opposition to 
Motion to 
Withdraw 
3/5/02 Review defendants' opposition to plaintiffs MSJ (incl. 
settlement of accounts) and prepare to draft reply. 
5.0 $1,125.00 Adjusted to 
$95/hour 
3/5/02 CC w/ Elouise Cobell re Defendants' 3rd MSJ and subsequent 
withdrawal. 
0.3 $67.50 Pltfs did not 
prevail on 
Opposition to 
Motion to 
Withdraw 
3/6/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). 
7.2 $1,620.00 Adjusted to 
$95/hour 
3/7/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). 
8.0 $1,800.00 Adjusted to 
$95/hour 
3/8/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). 
6.5 $1,462.50 Adjusted to 
$95/hour 
3/9/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). 
2.5 $562.50 Adjusted to 
$95/hour 
3/10/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). 
1.5 $337.50 Adjusted to 
$95/hour 
3/11/02 CC with Elouise Cobell, Dennis Gingold re Defs' 3rd MSJ and 
drafting of reply in support of Plaintiffs' MSJ re settlement of 
accounts. 
1.2 $270.00 Adjusted to 
$95/hour 
3/11/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). 
1.5 $337.50 Adjusted to 
$95/hour 
3/11/02 Discuss w/ Dennis Gingold re Defendants' 3rd MSJ and drafting 
of reply in support of Plts' MSJ re settlement of accounts. 
0.8 $180.00 Adjusted to 
$95/hour 
3/12/02 Discuss w/ Dennis Gingold re Defendants' 3rd MSJ and drafting 
of reply in support of Plts' MSJ re settlement of accounts. 
0.6 $135.00 Adjusted to 
$95/hour 
3/12/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). 
6.0 $1,350.00 Adjusted to 
$95/hour 
3/13/02 CC w/ Elouise Cobell, Dennis Gingold re Defs' 3rd MSJ and 
drafting of reply in support of Plaintiffs' MSJ re settlement of 
accounts. 
0.4 $90.00 Adjusted to 
$95/hour 
Page 25 of 34 REVIEW OF REMPEL SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
3/13/02 Draft and edit reply to defendants' opposition to plaintiffs' MSJ 
(incl. settlement of accounts). File and serve reply. 
11.2 $2,520.00 Excessive; Time; 
Gingold bills 13.2 
hrs. for 
"finalizing 
revisions and 
refinement" of 
reply draft 
5/6/02 Notice of Supplemental Authority - Draft, prepare, file and 
serve notice regarding GAO letter from GAO General Counsel 
to Bert Edwards, Director of OHTA re settlement of accounts 
process. 
2.6 $585.00 Previously Billed 
5/9/02 Draft and edit Plaintiffs' Consolidated Motion for Leave to 
Amend and Motion to Amend Plaintiffs' February 15, 2002 
Summary Judgment Contempt Motion and a Contempt Finding 
Pursuant to F.R.C.P. 56(g) in Accordance with Newly 
Discovered Evidence: the April 19, 2002 Letter of GAO 
General Counsel Anthony Gamboa to OHTA Director Bert 
Edwards. 
4.5 $1,012.50 Outside of Scope 
5/14/02 Draft and edit Plaintiffs' Consolidated Motion for Leave to 
Amend and Motion to Amend Plaintiffs' February 15, 2002 
Summary Judgment Contempt Motion and a Contempt Finding 
Pursuant to F.R.C.P. 56(g) in Accordance with Newly 
Discovered Evidence: the April 19, 2002 Letter of GAO 
General Counsel Anthony Gamboa to OHTA Director Bert 
Edwards. 
3.8 $855.00 Outside of Scope 
5/14/02 Discuss w/ Dennis Gingold re motion to amend GAO Motion 
for Summary Judgment. 
0.1 $22.50 Outside of Scope 
5/15/02 Draft and edit Plaintiffs' Consolidated Motion for Leave to 
Amend and Motion to Amend Plaintiffs' February 15, 2002 
Summary Judgment Contempt Motion and a Contempt Finding 
Pursuant to F.R.C.P. 56(g) in Accordance with Newly 
Discovered Evidence: the April 19, 2002 Letter of GAO 
General Counsel Anthony Gamboa to OHTA Director Bert 
Edwards. 
4.8 $1,080.00 Outside of Scope 
5/30/02 Draft and edit Plaintiffs' Consolidated Motion for Leave to 
Amend and Motion to Amend Plaintiffs' February 15, 2002 
Summary Judgment Contempt Motion and a Contempt Finding 
Pursuant to F.R.C.P. 56(g) in Accordance with Newly 
Discovered Evidence: the April 19, 2002 Letter of GAO 
General Counsel Anthony Gamboa to OHTA Director Bert 
Edwards. 
1.5 $337.50 Outside of Scope 
Page 26 of 34 REVIEW OF REMPEL SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
6/3/02 Draft and edit Plaintiffs' Consolidated Motion for Leave to 
Amend and Motion to Amend Plaintiffs' February 15, 2002 
Summary Judgment Contempt Motion and a Contempt Finding 
Pursuant to F.R.C.P. 56(g) in Accordance with Newly 
Discovered Evidence: the April 19, 2002 Letter of GAO 
General Counsel Anthony Gamboa to OHTA Director Bert 
Edwards. 
0.7 $157.50 Outside of Scope 
6/3/02 Discuss w/ Dennis Gingold re motion to amend and Defs' 3rd 
MSJ (re settlement of accounts process). 
0.5 $112.50 Outside of Scope 
6/4/02 Draft and edit Plaintiffs' Consolidated Motion for Leave to 
Amend and Motion to Amend Plaintiffs' February 15, 2002 
Summary Judgment Contempt Motion and a Contempt Finding 
Pursuant to F.R.C.P. 56(g) in Accordance with Newly 
Discovered Evidence: the April 19, 2002 Letter of GAO 
General Counsel Anthony Gamboa to OHTA Director Bert 
Edwards . 
6.5 $1,462.50 Outside of Scope 
6/6/02 Discuss w/ Dennis Gingold re GAO motion to amend and 
sanctions. 
0.7 $157.50 Outside of Scope 
6/6/02 CC w/ investigator re service of motion to amend for 
individuals personally identified in that motion. 
0.2 $45.00 Outside of Scope 
6/7/02 CC w/ Mark Brown, Keith Harper, Dennis Gingold re 
appealability of contempt in the context of GAO sanctions 
memorandum. 
1.1 $247.50 Outside of Scope 
6/22/02 Draft and edit Reply in support of Plaintiffs' Consolidated 
Motion for Leave to Amend and Motion to Amend Plaintiffs' 
February 15, 2002 Summary Judgment Contempt Motion and a 
Contempt Finding Pursuant to F.R.C.P. 56(g) in Accordance 
with Newly Discovered Evidence: the April 19, 2002 Letter of 
GAO General Counsel Anthony Gamboa to OHTA Director 
Bert Edwards. 
4.5 $1,012.50 Outside of Scope 
6/23/02 Draft and edit Reply in support of Plaintiffs' Consolidated 
Motion for Leave to Amend and Motion to Amend Plaintiffs' 
February 15, 2002 Summary Judgment Contempt Motion and a 
Contempt Finding Pursuant to F.R.C.P. 56(g) in Accordance 
with Newly Discovered Evidence: the April 19, 2002 Letter of 
GAO General Counsel Anthony Gamboa to OHTA Director 
Bert Edwards. 
5.2 $1,170.00 Outside of Scope 
6/24/02 Draft and edit Reply in support of Plaintiffs' Consolidated 
Motion for Leave to Amend and Motion to Amend Plaintiffs' 
February 15, 2002 Summary Judgment Contempt Motion and a 
Contempt Finding Pursuant to F.R.C.P. 56(g) in Accordance 
with Newly Discovered Evidence: the April 19, 2002 Letter of 
GAO General Counsel Anthony Gamboa to OHTA Director 
Bert Edwards. 
2.1 $472.50 Outside of Scope 
Page 27 of 34 REVIEW OF REMPEL SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
6/24/02 Meet w/ Elouise Cobell re Defs' 3rd MSJ and reply in support 
of motion to amend. 
1.2 $270.00 Outside of Scope 
6/25/02 Draft and edit Reply in support of Plaintiffs' Consolidated 
Motion for Leave to Amend and Motion to Amend Plaintiffs' 
February 15, 2002 Summary Judgment Contempt Motion and a 
Contempt Finding Pursuant to F.R.C.P. 56(g) in Accordance 
with Newly Discovered Evidence: the April 19, 2002 Letter of 
GAO General Counsel Anthony Gamboa to OHTA Director 
Bert Edwards. 
5.3 $1,192.50 Outside of Scope 
6/25/02 Work with investigator to locate individuals identified in 
plaintiffs reply in support of motion to amend. 
1.5 $337.50 Outside of Scope 
6/26/02 Draft and edit Reply in support of Plaintiffs' Consolidated 
Motion for Leave to Amend and Motion to Amend Plaintiffs' 
February 15, 2002 Summary Judgment Contempt Motion and a 
Contempt Finding Pursuant to F.R.C.P. 56(g) in Accordance 
with Newly Discovered Evidence: the April 19, 2002 Letter of 
GAO General Counsel Anthony Gamboa to OHTA Director 
Bert Edwards. 
6.4 $1,440.00 Outside of Scope 
6/27/02 Draft and edit Reply in support of Plaintiffs' Consolidated 
Motion for Leave to Amend and Motion to Amend Plaintiffs' 
February 15, 2002 Summary Judgment Contempt Motion and a 
Contempt Finding Pursuant to F.R.C.P. 56(g) in Accordance 
with Newly Discovered Evidence: the April 19, 2002 Letter of 
GAO General Counsel Anthony Gamboa to OHTA Director 
Bert Edwards. 
5.6 $1,260.00 Outside of Scope 
6/28/02 Draft and edit Reply in support of Plaintiffs' Consolidated 
Motion for Leave to Amend and Motion to Amend Plaintiffs' 
February 15, 2002 Summary Judgment Contempt Motion and a 
Contempt Finding Pursuant to F.R.C.P. 56(g) in Accordance 
with Newly Discovered Evidence: the April 19, 2002 Letter of 
GAO General Counsel Anthony Gamboa to OHTA Director 
Bert Edwards. 
1.9 $427.50 Outside of Scope 
4/8/03 Draft and edit Opposition to defendants' motion to reconsider 
the Court's GAO sanctions memorandum opinion awarding 
plaintiffs' sanctions for the deliberate filing of a false and 
misleading affidavit (Sapienza). 
8.5 $1,912.50 Outside of Scope 
5/26/04 Review GAO Order; Consider order in context delay and year 
old motion for reconsideration. Review original 3/11/03 
sanctions order. 
1.5 $337.50 Adjusted to 
$105/hr. 
5/26/04 Review time sheets for GAO-related material. Begin process of 
compiling time sheets. 
1.5 $337.50 Adjusted to 
$105/hr. 
6/4/04 Compile GAO Sanctions time. Includes reviewing time sheets 
and determining whether such time should be included in 
application. 
5.1 $1,147.50 Adjusted to 
$105/hr. 
Page 28 of 34 REVIEW OF REMPEL SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
6/4/04 Discuss w/ Dennis Gingold regarding GAO fees and 
application. 
0.4 $90.00 Adjusted to 
$105/hr. 
6/5/04 Compile GAO Sanctions time. Includes reviewing time sheets 
and determining whether such time should be included in 
application. 
1.2 $270.00 Adjusted to 
$105/hr. 
6/6/04 Compile GAO Sanctions time. Includes reviewing time sheets 
and determining whether such time should be included in 
application. 
2.5 $562.50 Adjusted to 
$105/hr. 
6/6/04 Discuss w/ DG re GAO memorandum opinion and compiling 
time for application. Includes discussion of affidavits to be 
included. 
0.3 $67.50 Adjusted to 
$105/hr. 
6/7/04 Compile GAO Sanctions time. Includes reviewing time sheets 
and determining whether such time should be included in 
application. 
6.1 $1,372.50 Adjusted to 
$105/hr. 
6/7/04 Draft affidavit in connection with GAO sanctions memorandum 
$292.50. 
1.3 $292.50 Adjusted to 
$105/hr. 
6/8/04 Compile GAO Sanctions time. Includes reviewing time sheets 
and determining whether such time should be included in 
application. 
1.5 $337.50 Adjusted to 
$105/hr. 
6/9/04 Discuss GAO Sanctions and compilation of hours with Dennis 
Gingold. 
1.2 $270.00 Adjusted to 
$105/hr. 
6/10/04 Discuss GAO Sanctions and compilation of hours with Dennis 
Gingold. 
0.4 $90.00 Adjusted to 
$105/hr. 
6/10/04 Discuss GAO Sanctions and compilation of hours with Dennis 
Gingold. 
3.1 $697.50 Adjusted to 
$105/hr. 
6/11/04 Draft affidavit in support of GAO application. 2.1 $472.50 Adjusted to 
$105/hr. 
6/11/04 Discuss with Dennis Gingold re GAO fee and expense 
application. 
0.4 $90.00 Adjusted to 
$105/hr. 
6/14/04 Compile time records in support of GAO fee and expense 
application; includes review of draft cover prepared by Mark 
Brown. 
4.3 $967.50 Adjusted to 
$105/hr. 
6/15/04 Review Dennis Gingold hours, convert electronic file for 
editing, correct conversion errors. 
2.1 $472.50 Adjusted to 
$105/hr. 
6/15/04 Review Dennis Gingold affidavit. 0.5 $112.50 Adjusted to 
$105/hr. 
6/15/04 Review and edit Rempel affidavit. 0.7 $157.50 Adjusted to 
$105/hr. 
Page 29 of 34 REVIEW OF REMPEL SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
6/15/04 Discuss GAO with Dennis Gingold. 1.1 $247.50 Adjusted to 
$105/hr. 
6/16/04 Compile time records in support of GAO fee and expense 
application; includes review of draft cover prepared by Mark 
Brown. 
1.8 $405.00 Previously Billed 
6/16/04 Discuss w/ Dennis Gingold re GAO application. 0.5 $112.50 Adjusted to 
$105/hr. 
6/16/04 Review, edit Gingold Time and expense application. 2.2 $495.00 Adjusted to 
$105/hr. 
6/17/04 CC w/ Keith Harper, Dennis Gingold (Mark Brown some) re 
GAO application. 
2.0 $450.00 Inconsistnet with 
Harper bill 
6/17/04 Edit, Dennis Gingold GAO time. 1.6 $360.00 Adjusted to 
$105/hr. 
6/17/04 Edit, review Rempel time and application. 0.5 $112.50 Adjusted to 
$105/hr. 
6/17/04 Review Mark Brown time and expense. 2.4 $540.00 Adjusted to 
$105/hr. 
6/17/04 Discuss w/ Dennis Gingold re GAO time. 0.8 $180.00 Adjusted to 
$105/hr. 
6/18/04 CC w/ Keith Harper, Dennis Gingold re GAO application and 
memorandum. 
0.2 $45.00 Adjusted to 
$105/hr. 
6/18/04 Review and edit Gingold Time and expense for GAO 
application. 
0.3 $67.50 Adjusted to 
$105/hr. 
6/18/04 Update Rempel Affidavit and supporting GAO schedule. 1.1 $247.50 Adjusted to 
$105/hr. 
6/19/04 Discuss GAO application with Dennis Gingold. 0.4 $90.00 Adjusted to 
$105/hr. 
6/21/04 Review Brown GAO time and affidavit. 0.9 $202.50 Adjusted to 
$105/hr. 
6/21/04 Finalize edits and serve GAO application. 3.2 $720.00 Adjusted to 
$105/hr. 
Total 335 $75,375.00 
Page 30 of 34 REVIEW OF HARPER SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
9/21/00 Review cases cited in Defs' motion for summary judgement on 
settle of accounts by GAO Pre-1951 
2.0 $410.00 
9/21/00 Conference with DG re: Defs' Motion for Summary Judgement 
on the Settlement of Accounts by GAO Pre-1951 
.60 $123.00 Inconsistent with 
Gingold bill 
9/21/00 Review and study Defs' Motion for Summary Judgement on the 
Settlement of Accounts by GAO Pre-195; Review cases cited 
and attachments 
5.0 $1,025.00 
9/26/00 Research case law for Opposition to Defs' Motion for Summary 
Judgement on the Settlement of Accounts by GAO Pre-1951; 
Review cases cited and attachments 
4.0 $820.00 
9/27/00 Research cases discussed Opposition to Defs' Motion for 
Summary Judgement on the Settlement of Accounts by GAO 
Pre-1951 
3.4 $697.00 
9/27/00 Telephone call to Spinner Re: Motion for Enlargement of Time 
to Respond to Defs' Motion for Summary Judgement on the 
Settlement of Accounts by GAO Pre-1951; meet and confer; 
Discuss same with DG 
.50 $102.50 
9/27/00 Research case law for Opposition to Defs' Motion for Summary 
Judgement on the Settlement of Accounts by GAO Pre-1951; 
Review cases cited and attachments 
2.2 $451.00 
9/28/00 Draft motion for Extension of Time for Opposition to 
Defendants' Motion for Summary Judgement on the Settlement 
of Accounts by GAO Pre-1951; circulate; edit; file. 
1.8 $369.00 
9/29/00 Review cases re: Opposition to Defs' Motion for Summary 
Judgement on the Settlement of Accounts by GAO Pre-1951 
1.5 $307.50 
10/3/00 Conference with Lorna re: Opposition to Defs' Motion for 
Summary Judgement on the Settlement of Accounts by GAO 
Pre-1951 
.40 $82.00 
10/3/00 Review Westlaw search for Opposition to Defs' Motion for 
Summary Judgement on the Settlement of Accounts by GAO 
Pre-1951 
2.50 $512.50 
10/4/00 Research for Opposition to Defs' Motion for Summary 
Judgement on the Settlement of Accounts by GAO Pre-1951 
3.50 $717.50 
10/4/00 Telephone call to DG (MSG - 2 calls) to discuss Opposition to 
Defs' Motion for Summary Judgement on the Settlement of 
Accounts by GAO Pre-1951 
.20 $41.00 
10/5/00 Research for Opposition to Defs' Motion for Summary 
Judgement on the Settlement of Accounts by GAO Pre-1951 
3.0 $615.00 
Page 31 of 34 REVIEW OF HARPER SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
10/5/00 Conference with EL re: Opposition to Defs' Motion for 
Summary Judgement on the Settlement of Accounts by GAO 
Pre-1951 
.40 $82.00 
10/5/00 Conference with Lorna on Opposition to Defs' Motion for 
Summary Judgement on the Settlement of Accounts by GAO 
Pre-1951 
.20 $41.00 
10/6/00 Research case law for Opposition to Defs' Motion for Summary 
Judgement on the Settlement of Accounts by GAO Pre-1951 
4.0 $820.00 
10/7/00 Telephone call from and to DG (3 calls) re: Opposition to 
Defendants' Motion for Summary Judgement on the Settlement 
of Accounts by GAO Pre-1951 
.90 $184.50 
10/9/00 Telephone call from and to DG (2 calls) re: settlement 
possibilities; discussions with Interior; SMJ III; extension of 
time; 
.40 $82.00 Inconsistent with 
Gingold's bill 
10/9/00 Draft motion for enlargement of time to respond to SMJ III 1.8 $339.00 
10/11/00 Prepare and file motion for enlargement until Nov 3 for 
Opposition to Defs' Motion for Summary Judgement on the 
Settlement of Accounts by GAO Pre-1951 
1.5 $307.50 
10/11/00 Draft revise motion for enlargement to SMJ III to Nov 3 0.5 $102.50 
10/25/00 Draft Opposition to Defs' Motion for Summary Judgement on 
the Settlement of Accounts by GAO Pre-1951 
4.0 $820.00 
10/26/00 Draft Opposition to Defs' Motion for Summary Judgement on 
the Settlement of Accounts by GAO Pre-1951 
7.0 $1,435.00 
10/27/00 Telephone call to DG and or GR (4 calls) to discuss 
Opposition to Defs' Motion for Summary Judgement on the 
Settlement of Accounts by GAO Pre-1951 
1.0 $205.00 Inconsistent with 
Gingold's & 
Rempel's bill 
10/27/00 Draft Opposition to Defs' Motion for Summary Judgement on 
the Settlement of Accounts by GAO Pre-1951 
9.0 $1,845.00 
10/29/00 Draft Opposition to Defs' Motion for Summary Judgement on 
the Settlement of Accounts by GAO Pre-1951 
4.2 $861.00 
10/31/00 Draft Opposition to Defs' Motion for Summary Judgement on 
the Settlement of Accounts by GAO Pre-1951 
9.5 $1,947.50 
11/1/00 Draft Opposition to Defs' Motion for Summary Judgement on 
the Settlement of Accounts by GAO Pre-1951 
12.50 $2,562.50 
11/2/00 Finalize Opposition to Defs' Motion for Summary Judgement 
on the Settlement of Accounts by GAO Pre-1951; review brief, 
comment and edit; discuss with counsel 
4.5 $922.50 
Page 32 of 34 REVIEW OF HARPER SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
11/3/00 Finalize Opposition to Defs' Motion for Summary Judgement 
on the Settlement of Accounts by GAO Pre-1951; comments to 
DG and confer with same 
3.2 $656.00 
11/6/00 Review final and files draft response to SMJ III 1.1 $225.50 
12/10/00 Review government filings including motion for sanctions and 
reply motion for summary judgement on the settlement of 
accounts by GAO Pre-1951 
2.5 $512.50 
2/14/02 Review draft brief in opposition to motion to withdraw and 
cross motion for summary judgement and discuss same with DG 
1.5 $390.00 
3/6/02 Telephone call from DG re: MSJ withdrawal and sanctions 
request 
.40 $104.00 Inconsistent with 
Gingold's bill 
3/12/02 Review and edit draft MSJ waiver brief and sanctions request 
reply 
2.0 $520.00 
6/4/02 Review and edit GAO contempt supplemental and amendment 3.5 $927.50 Outside of scope 
1/29/03 Conference call with IIM team re: response to government's Jan 
6 plans and need for GAO summary judgement motion 
1.1 $291.50 Outside of scope 
1/31/03 Draft and finalize GAO summary judgement motion; edit; 
review and add additional authorities; finalize order and 
statement of incontraverted facts 
8 $2,120.00 Outside of scope 
3/12/03 Review opinion of court re: GAO "settlement of Accounts" and 
false affidavit; sanctions granted 
1.0 $265.00 Outside of scope 
4/8/03 Draft and edit opposition to motion for reconsideration for 
GAO sanctions award 
2.5 $662.50 Outside of scope 
4/12/03 Draft Plaintiffs reply in further support of MSJ on GAO failure 
to provide accounting 
4.5 $1,192.50 Outside of scope 
4/13/03 Draft and edit and discuss with co-counsel-plaintiffs reply in 
support of MSJ on GAO failure to settle accounts 
5.0 $1,325.00 Outside of scope 
4/14/03 Finalize reply in support of MSJ re: GAO failure to settle 
accounts 
3.3 $874.00 Outside of scope 
6/2/04 Review opinion denying motion for reconsideration for 
GAO/Sapienza bad faith affidavit fees and expenses 
.40 $134.00 
6/7/04 Review Time records for GAO/Sapenza statement of fees and 
expenses 
2.5 $837.50 
6/7/04 Confer with DG re: GAO expenses and cover sheet for 
GAO/Sapenza bad faith affidavit 
0.5 $167.50 
Page 33 of 34 REVIEW OF HARPER SCHEDULE: GAO SETTLEMENT OF ACCOUNTS SANCTIONS 
Date Matter Time Claimed 
Amount 
Objection 
6/16/04 Review time records to determine what claims court's May 11 
order granting fees for GAO MSJ and Sapienza bad faith 
affidavit 
2.1 $703.50 
6/17/04 Review edit cover memorandum to support fee application in 
compliance with courts May 11 order granting fees for GAO 
MSJ and Sapienza bad faith affidavit 
3 $1,005.00 
6/17/04 Conference call to DG and GR to discuss scope of courts May 
11th order granting fees for GAO MSJ and Sapienza bad faith 
affidavit and review time jointly to ensure accuracy 
2.0 $670.00 Inconsistent with 
Gingold's & 
Rempel's bill 
6/18/04 Draft affidavit in support of fee application in compliance with 
court's May 11 order granting fees for GAO MSJ and Sapienza 
bad faith affidavit; finalize time record claims; review prior 
decisions to ensure conformity with prior judicial guidance 
4.7 $1,574.50 
Total 146.8 $33,988.00 
Page 34 of 34