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                                                                                                                    IN THE UNITED STATES DISTRICT COURT
                                              FOR THE DISTRICT OF COLUMBIA                  : · .... ...    _  ,.:. : /

            ELOUISE PEPION COBELL, ....et al.,                  )                                  Vi ,_',: _,-_,:4,;__,  _,...._ _ ._' ,,, _2[,
                                                                          )                                           C,L?_i:.}_
                     Plaintiffs,                                         )
                                                                          )
                v.                                                   )        Case No. 1:96CV01285
                                                                          )        (Judge Lamberth)
            GALE NORTON, Secretary of the Interior, et aL1.,    )
                                                                         )
                Defendants.                                       )
                                                                         )
            INTERIOR DEFENDANTS' RESPONSE AND OBJECTIONS TO THE "REPORT
                  AND RECOMMENDATION OF THE SPECIAL MASTER-MONITOR ON THE
               'UNOPPOSED MOTION BY INTERIOR DEFENDANTS FOR ORDER ADOPTING
             SPECIAL MASTER-MONITOR'S RECOMMENDATION REGARDING PLAINTIFFS'
               PRODUCTION OF DOCUMENTS, AND ORDERING PLAINTIFFS' IMMEDIATE
                                             PRODUCTION OF DOCUMENTS'"
                    The Secretary of the Interior and the Assistant Secretary - Indian Affairs ("Interior
           Defendants") submit the following response and objections to the Special Master-Monitor's November
           20, 2002 Report and Recommendation:
                    The Court should adopt those portions of the Special Master-Monitor recommendation in
           which he recommends that the Court give expeditious consideration to "Defendant's Production
           Motion," for the reasons previously set forth in both "Interior Defendants' Unopposed Motion by
           Interior Defendants For Order Adopting Special Master-Monitor's Recommendations Regarding
           Plaintiffs' Production Of Documents, And Ordering Plaintiffs' Immediate Production Of Documents"
           and "Interior Defendants' Motion For Expedited Consideration" of that motion, both filed with the




             Court on November 20, 2002 and which are both hereby incorporated by reference.
                     The Court should reject the Special Master-Monitor's recommendation that the Court consider
            and issue an order clarifying the authority of the Special Master-Monitor to regulate all Phase 1.5
            discovery proceedings, for the reasons previously set forth in "Interior Defendant's Response and

            Objections To The 'Report And Recommendation Of The Special Master-Monitor On The Extent Of
            Authority Of The Special Master-Monitor To Regulate All Phase 1.5 Trial Discovery Proceedings And
           The Need For Clarification Of The September 17, 2002 Order Appointing The Special Master-
           Monitor,'" filed with the Court on December 6, 2002 and which is hereby incorporated by reference. 2




















                      Subsequent to the filing of these motions, Plaintiffs produced some documents pertaining to
           Named Plaintiff Elouise Cobell on December 3, 2002.
                   2 The Special Master-Monitor made the same recommendation in Reports and
           Recommendations served on November 18, 2002 and November 21, 2002.
                                                                  -2-




             Dated: December 9, 2002

                                                                          Respectfully submitted,
                                                                          ROBERT D. McCALLUM, JR.
                                                                          Assistant Attorney General
                                                                          STUART E. SCHIFFER
                                                                         Deputy Assistant Attorney General
                                                                         J. CHRISTOPHER KOHN
                                                                         Director
                                                                         SANDRA P. SPOONER
                                                                         D.C. Bar No. 261495
                                                                         Deputy Director
                                                                         JOHN T. STEMPLEWICZ
                                                                         Senior Trial Counse_


                                                                         D.C. Bar No. 470450                                          '_
                                                                         Trial Attorney
                                                                         Commercial Litigation Branch
                                                                         Civil Division
                                                                         P.O. Box 875
                                                                         Ben Franklin Station
                                                                         Washington, D.C. 20044-0875
                                                                         (202) 514-7194















                                                                  -3-



                                                         CERTIFICATE OF SERVICE
                     I declare under penalty of perjury that, on December 9, 2002 1 served the foregoing
            Interior Defendants' Response and Objections to the "Report and Recommendation of the
            Special Master-Monitor on the 'Unopposed Motion by Interior Defendants for Order Adopting
            Special Master-Monitor's Recommendation Regarding Plaintiffs' Production of Documents, and
            Ordering PlaintifjS'lmmediate Production of Documents'" by facsimile in accordance with their
            written request of October 31, 2001 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
            (202) 822-0068                                           Washington, D.C. 20004
                                                                          (202) 318-2372

            By U.S. Mail upon:
            Elliott Levitas, Esq.
            1100 Peachtree Street, Suite 2800
            Atlanta, GA 30309-4530

            By facsimile and U.S. Mail upon:
            Alan L. Balaran, Esq.
            Special Master
            1717 Pennsylvania Avenue, N.W.
            12th Floor
            Washington, D.C. 20006
            (202) 986-8477
            By Hand upon:
            Joseph S. Kieffer, III
            Special Master Monitor
            420 7 th Street, N.W.
            Apartment 705
            Washington, D.C. 20004
            (202) 478-1958


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