IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA-, _ . ELOUISE PEPION COBELL, et al., ) _ ) Plaintiffs, ) ) v. ) Case No. 1:96CV01285 ) (Judge Lamberth) GALE A. NORTON, Secretary of the Interior, et al., ) ) Defendants. ) ) INTERIOR DEFENDANTS' UNOPPOSED MOTION TO FILE UNDER SEAL EXCERPTS FROM TESTIMONY BEFORE SPECIAL MASTER TO PROVIDE ADDITIONAL INFORMATION RELEVANT TO INTERIOR DEFENDANTS' MOTION TO REVOKE THE APPOINTMENT OF JOSEPH S. KIEFFER, llI, AND TO CLARIFY THE ROLE AND AUTHORITY OF A COURT MONITOR Pursuant to Local Civil Rule 5.1 (j), Interior Defendants respectfully move this Court for an Order permitting the filing under seal of excerpts from testimony taken by the Special Master during July 2002, pursuant to the Special Master's protective order dated May 9, 2002. A copy of the protective order is appended to this motion as Attachment A. Counsel for the Government discussed this motion with plaintiffs' counsel, Mr. Gingold, on August 1, 2002, and Mr. Gingold stated that this motion would not be opposed by plaintiffs. The testimony excerpts referenced in this motion are from interviews conducted by the Special Master. The interviews are subject to the Special Master's protective order dated May 9, 2002, which provides that "[t]he Special Master has.., determined that information may come to light during these interviews that is sensitive and confidential and should not be publicly disclosed." Attachment A (initial paragraph). The protective order further provides: Transcripts of the.., interviews shall be distributed, upon written request, only to the deponent, counsel representing the deponent in his or her personal capacity, counsel representing the deponent in his or her official capacity, one official of the Department of the Interior who shall be designated in advance, plaintiffs' counsel and immediate staff and one named plaintiff who shall be designated in advance. Attachment A, paragraph 1. Finally, the protective order provides that "[t]he content of the... interviews, in form or in substance, shall not be discussed with or revealed to any persons or entities not specifically designated in Paragraph 1 of this Order." Attachment A, paragraph 4. The Interior Defendants have appended to this motion excerpts from testimony taken by the Special Master during July 2002, designated as Attachment B. In accordance with the May 9, 2002 protective order, Attachment B does not appear in the publicly filed version of this motion. The Interior Defendants seek to file these excerpts to provide the Court with additional information of relevance to matters advanced in the Interior Defendants' Motion to Revoke the Appointment of Joseph S. Kieffer, III, and to Clarify the Role and Authority of a Court Monitor (filed June 14, 2002). For the foregoing reasons, the Interior Defendants respectfully request that this Court grant Interior Defendants' Unopposed Motion to File Under Seal Excerpts From Testimony Before Special Master to Provide Additional Information Relevant to Interior Defendants' Motion to Revoke the Appointment of Joseph S. Kieffer, III, and to Clarify the Role and Authority of a Court Monitor. Respectfully submitted, ROBERT McCALLUM, JR. Assistant Attorney General STUART E. SCHIFFER Deputy Assistant Attorney General -2- J. CHRISTOPHER KOHN Director Deputy Director JOHN T. STEMPLEWICZ Senior Trial Attorney JOHN WARSHAWSKY (D.C. Bar No. 417170) Trial Attorney Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875 Telephone: (202) 514-7194 August 1, 2002 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) Case No. 1:96CV01285 ) (Judge Lamberth) GALE A. NORTON, Secretary of the Interior, et al., ) ) Defendants. ) ) ORDER PERMITTING FILING UNDER SEAL This matter coming before the Court on Interior Defendants' Unopposed Motion to File Under Seal Excerpts From Testimony Before Special Master to Provide Additional Information Relevant to Interior Defendants' Motion to Revoke the Appointment of Joseph S. Kieffer, III, and to Clarify the Role and Authority of a Court Monitor, and any responses thereto, the Court finds that the Motion should be GRANTED. IT IS THEREFORE ORDERED that the Special Master testimony excerpts referenced in the Motion shall be filed under seal. SO ORDERED this __ day of ,2002. ROYCE C. LAMBERTH United States District Judge CERTIFICATE OF SERVICE I declare under penalty of perjury that, on August 1, 2002 1 served the foregoing Interior Defendants' Unopposed Motion to File under Seal Excerpts from Testimony Before Special Master to Provide Additional Information Relevant to Interior Defendants' Motion to Revoke the Appointment of Joseph S. Kieffer, III, and to Clarify the Role and Authority of a Court Monitor, by hand upon: Keith Harper, Esq. Dennis M Gingold, Esq. Native American Rights Fund Mark Kester Brown, Esq. 1712 N Street, N.W. 1275 Pennsylvania Avenue, N.W. Washington, D.C. 20036-2976 Ninth Floor Washington, D.C. 20004 Alan L. Balaran, Esq. Special Master 1717 Pennsylvania Avenue, N.W. 12th Floor Washington, D.C. 20006 Joseph S. Kieffer, nI Court Monitor 420 - 7 th Street, N.W. Apartment 705 Washington, D.C. 20004 By U.S. Mail upon: Elliott Levitas, Esq. 1100 Peachtree Street, Suite 2800 Atlanta, GA 30309-4530 . y Kevin P. Kingston Og-_ay-2OOZ 12:20 From-DFl INTERNATIONAL 202-_85-g038 T-629 P 007/004 F-SG3 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, etaI., ) ) Plaintiffs, ) ) v. ) Civi) Action No. 1:96CV01285 (RCL) ) GALE NORTON, Secretary of the ) Interior, et al. ) ) Defendants. ) ) PROTECTIVE ORDER The Special Master has detemained thaL as parr of his investigation into The security of ,. the Departmenr of the Imerior's computer systems housing individual Indian rntst data, it will be necessary't_.interview m_'nbers of the Trust Management Improvement Program Steering Committee ("TMIPSC"). The Special Master has aJso determined that information may come to light during the_e interviews that is sensitive and confidemial and should nol be publicly disclosed. Accordingly, it is hereby ORDERED that: 1. Transcripts of the TMIPSC interviews shall be distributed, upon wriuen request, only to the deponent, counsel representing the deponent in his or her personal capacity, counsel representing the deponent in his or her official capacity, one official of the Department of the Interior who shall be designated in adv_mce, plaintiffs' counsel and immediate staff and one named plaintiffwho shall be designated in advance. Attachment A Interior Defendants' Unopposed Motion to File under S Excerpts from Testimony Before Special Master to Prov Additional Information Relevant to Interior Defendant Motion to Revoke tim Appointment of Joseph S. Kieffer, and to Clarify the Role and Authority of a Court Monit 09-_ay-200Z 12:20 From-0Fl INTERHATIONAL 2o2-Tes-go3e T-63g P003/004 F-SH 2. All persons designated in P_ra_-aph 1, prior to receiving a copy of a TMIPSC interview transcript, shall si_ an acknowledgment that he or she has read and understands this Protective Order and agrees to be bound by its requirements. 3. These transcripts shall not be duplicated without the prior written approval of'the Special Master. 4. ' The content of the TMIPSC interviews, in fom't or in substance, shall not be discussed with or revealed to any persons or entities not specifically designated in Paragraph I of this Order. 5. Purposefully making or causing the unauthorized disclosure of the TMIPSC interview transczipts or information contained therein may subject the person or persons committing the same to punishment Ibr contempt of Court. 6. At the conclusion of this litigation, all TM_SC transcripts shall be turned over to the Special Mas,,er for disposal. SO ORDERED. May _' _, :2002 ALAN L. BALA.R_."g Spedal Master -2- og-_ay-2002 17:20 From-OFI INTERNATIOHAL 202-Tas-g038 T-63g P 004/004 F-563 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) Civil Action No. 1:96CV01285 (RCL) ) GALE NORTON, Secretary of the ) Interior, et al. ) ) Defendants. ) ) ACKNOWLEDGMENT The undersigned hereby acknowledges that I have reviewed and understand 1:he atzaehed Protective Order and agree to be subject to its requirem_ts. DATE: ATTACHMENT B- NOT INCLUDED IN PUBLICLY FILED COPY OF MOTION