United States District Court, District of Columbia
November 1, 2002
ELOUISE PEPION COBELL, ET AL., PLAINTIFFS,
GALE A. NORTON, SECRETARY OF THE INTERIOR, ET AL., DEFENDANTS
The opinion of the court was delivered by: Royce C. Lamberth, District Judge.
This matter comes before the Court on Interior Defendants' Motion for
an Order Permitting the Provision of Copies of Copies of Historical
Statements of Account to Class Counsel [1471-1], and Plaintiffs'
Consolidated Motion for a Temporary Restraining Order and Preliminary
Injunction [1534-1, 1531-2]. Upon consideration of these motions, the
responses thereto, and the record in this case, it is hereby
ORDERED that the Department of the Interior shall be permitted,
pursuant to 5 U.S.C. § 552a(b)(11), to provide plaintiffs' counsel
with a copy of any historical statements of account provided to any
Individual Indian Money account holder. It is further
ORDERED that any historical statements of account so provided shall be
subject to the terms of the Protective Order entered by this Court on
November 27, 1996  setting forth procedures for handling confidential
material and allowing for designated material to be filed under seal.
Defendants have represented that defendants, including their employees
and agents, will not send, by any means of communication whatsoever, any
further historical statements of account to any Individual Indian Money
account holder or to any class member in the instant litigation, until
such time as this Court issues a ruling on plaintiffs' motion for a
preliminary injunction [1531-2]. It is further
ORDERED that the parties shall prepare further briefs on the issues, as
orally directed by the Court, according to the following schedule:
Defendants' brief shall be filed with this Court no later than Friday,
November 16, 2002. Plaintiffs' brief in opposition thereto shall be filed
with this Court no later than Friday, November 30, 2002. Defendants'
reply brief thereto shall be filed with this Court no later than Friday,
December 14, 2002. It is further
ORDERED that in light of defendants' representations to this Court on
November 1, 2002 that defendants will refrain from sending any further
historical statements of account to any Individual Indian Money account
holders, plaintiffs' motion for a temporary restraining order [1534-1]
shall be, and hereby is, DENIED as moot.
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