IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., ) ) Plaintiffs, ) ) v. ) Case No. 1:96cv01285(JR) ) KEN SALAZAR, Secretary of the Interior, ) et al., ) ) Defendants. ) __________________________________________) NOTICE OF FILING OF THE FORTIETH QUARTERLY REPORT FOR THE DEPARTMENT OF THE TREASURY The Department of the Treasury has prepared its Fortieth Quarterly Report on Actions Taken By the Department of the Treasury to Retain IIM-Related Documents Necessary For an Accounting and submits it to the Court in accordance with this Court’s Order of December 21, 1999. A copy of the report is attached hereto. Dated: December 1, 2009 Respectfully submitted, TONY WEST Assistant Attorney General MICHAEL F. HERTZ Deputy Assistant Attorney General J. CHRISTOPHER KOHN Director /s/ John J. Siemietkowski ROBERT E. KIRSCHMAN, JR. Deputy Director (D.C. Bar No. 406635) JOHN J. SIEMIETKOWSKI Trial Attorney Commercial Litigation Branch Civil Division P.O. Box 875, Ben Franklin Station Washington, D.C. 20044-0875 Telephone: (202) 514-3368 CERTIFICATE OF SERVICE I hereby certify that, on December 1, 2009 the foregoing Notice of Filing of the Fortieth Quarterly Report for the Department of the Treasury 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 OEPART""ENT OF THE TREASURY BUREAU OF T>