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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA - ;*; -2 r;: 6: F-J 
ELOUISE PEPION COBELL, gt &, 
Plaintiffs, 
V. 
GALE NORTON, Secretary of the Interior, @ &, 
Defendants. 
) 
1 Case No. 1 :96CV01285 
1 (Judge Lamberth) 
) 
)
1 
INTERIOR DEFENDANTS MOTION IN LIMINE TO EXCLUDE 
TESTIMONY OF PLAINTIFFS WITNESS MICHAEL S. SMITH 
Pursuant to Local Rule 7.1, Lnterior Defendants respectfully move to exclude the 
testimony of Michael Smith, a former employee of an Intenor contractor, Native American 
Distributors, Inc. (AID), and a paid consultant to the Special Master in this case. 
Mr. Smith is listed on Plaintiffs witness list. See Plaintiffs Pretrial Statement at Exhibit 
1 at 3. Plaintiffs counsel has indicated that Mr. Smith will testify about the credibility of 
defendants and whether or not and to what extent the Court should be able to trust them to bring 
themselves into compliance with whatever duties the Court declares after this trial. See Pretrial 
Conference Transcript at 2 1 :3-6. Mr. Smiths testimony as a witness for Plaintiffs after acting as 
a consultant for the Special Master creates at least the appearance of impropriety with regard to 
Mr. Smiths, and, derivatively, the Special Masters, impartiality in this matter. Permitting Mr 
Smith to testify for Plaintiffs would create prejudice and unfairness for Interior Defendants, who 
have provided confidential and privileged information to the Special Master. To remedy this 
I In accordance with Local Civil Rule 7.1(m), counsel for Interior Defendants 
conferred with Plaintiffs counsel regarding this motion. Plaintiffs counsel indicated that 
Plaintiffs will oppose this motion. This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
appearance of impropriety and to preserve the integrity of these proceedings, the Court should 
exclude the testimony of Mr. Smith.2 
FACTUAL BACKGROUND 
On August 30, 2002, NALD moved to intervene in this case and alleged that its employees 
had prepared information related to TAAMS that Interior had withheld from the Eighth Quarterly 
Report. The Court denied NAIDs motion to intervene but appointed Special Master Balaran to 
investigate the claims of NAID on November 5,2002. On April 21, 2003, the Special Master 
filed his Interim Report, containing his findings and conclusions regarding his investigation into 
NAIDs claims. As an employee of NAID, Mr. Smith was a member of the TAAMS Project 
Team and played a role in many of the events described in the Special Masters Interim Report. 
On May 5 , 2003, Interior filed its Objections to the hteriin Report. On May 6,2003, the 
Special Master filed his April 2003 Report to the Court. Attached as Exhibit 3 to the April 2003 
Report was the Special Masters Invoice #37 (attached as Exhibit A) . This Invoice contains 
numerous charges related to work on the Interim Report for an individual identified as MSS. 
See, e.g, Invoice #37, entries or 3/31/03,4/1/03,4/2/03,4/3/03, 4/4/03,4/5/03, 4/6/03,4/7/03, 
4/8/03,4/9/03,4/11/03,4/14/03. In addition, it contains charges for the work of the Special 
Masters assistant, Ed Volz (identified as EKV on the invoice), for work on the Interim Report 
in association with Mike Smith. See, e.g., Invoice #37, entries for 4/6/03,4/7/03,4/8/03, 
2 Interior has a pending motion in limine to exclude the testimony of Mr. Smith to 
the extent that it relates to any of the matters discussed in the Interim Report of the Special 
Master Regarding the Filing of Interiors Eighth Quarterly Report (Lnterim Report). 
Interior DefendantsMotion in Limine to Exclude Interim Report of the Special Master 
Regarding the Filing of Interiors Eighth Quarterly Report and All Evidence Related to the 
Special Masters Incomplete Investigation at 3 (filed April 28, 2003). 
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4/9/03,4/10/03,4/11/03,4/15/03,4/16/03. The charges submitted for MSS in Invoice #37 
total 44.39 hours and $5,992.65 (seeExhibit B, for a breakdown of the charges submitted by the 
Special Master for Mike Smith). 
Upon information and belief, the Mike Smith and MSS charges on the Special 
Masters invoices are for work done by the same Mike Smith who was an employee of NALD at 
the time the events described in the Interim Report took place. Upon information and belief, this 
is the same Mike Smith that Plaintiffs have listed as a witness whom they expect to testifL at this 
trial. 
The Special Master did not inform Interior before he hired Mike Smith, a witness to the 
events being investigated, to assist him in his investigation of NAJDs claims. Indeed, Mr. Smith 
did more than just assist in the investigation. According to the Special Masters billing 
information, Mr. Smith actually drafted portions of the Interim Report. See, ex., Invoice #37, 
entries for 4/3/03 (MSS Draft 8th QR analysis), 4/4/03 (same), 4/15/03 (EKV Assist the 
Special Master and Mike Smith editing report on the 8th Quarterly Report), 4/16/03(EKV 
Assist Mike Smith editing and organizing materials for report on the 8th Quarterly Report). 
Interior did not, and does not, consent to Mr. Smiths work for the Special Master 
regarding the investigation into NrUDs claims. In a separate submission, Interior will object to 
the Special Masters secret hiring and paid assistance of Mr. Smith in the preparation of the 
3 The March 2003 Report of the Special Master contains Invoice #35 (at exhibit 7) 
which also lists work done by MSS for the Special Master in the investigation and preparation 
of the Interim Report (attached as Exhibit C). The charges on this invoice for Mike Smith total 
65.30 hours and $8,815.50. 
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Interim Report4 In this Motion in limine, however, Interior limits its discussion to the 
impropriety of Mr. Smith testifying at trial as a witness for Plaintiffs after having worked as a 
paid consultant for the Special Master. 
DISCUSSION 
THE TESTIMONY OF MR. SMITH SHOULD BE EXCLUDED 
Mr. Smiths appearance as Plaintiffs witness imperils the integrity of, and public 
confidence in, the Special Masters activities. The Court appointed the Special Master; the 
Special Master, in turn, retained Mr. Smith to assist him. The Special Master is an officer of this 
Court, duty bound both to maintain impartiality in his activities and to avoid the appearance of 
impropriety. Likewise, Mr. Smiths role requires him to maintain neutrality with regard to the 
work he has performed for the Special Master. In re Edgar, 93 F.3d 256, 262 (7th Cir. 1996) 
(Experts appointed and supervised by a court carry special weight because of their presumed 
neutrality.). 
Permitting Mr. Smith to testify regarding information he may have obtained as an 
advisor to the Special Master would also circumvent Fed. R. Civ. Proc. 53, which requires a 
special master to make written reports and recommendations concerning findings of fact and 
conclusions of law to the court, which must ultimately decide to adopt or reject such findings and 
conclusions after considering written responses and objections by the parties. Tf the Plaintiffs 
4 Interior also plans to file a timely objection to the bill of the Special Master for 
any charges listed for Mike Smith. 
5 The Court discussed the Special Masters role and relationship to the Court at 
length in its recent decision on the motions to disqualify. Cobell v. Norton, 237 F. Supp. 2d 
71 (D.D.C. 2003). 
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cannot call the Special Master to testify regarding the matters that he observed while 
investigating Interior, it is difficult to understand how they could call the Special Masters 
consultant. 
It would be especially improper here where Interior has provided a significant volume of 
confidential and privileged information to the Special Master, both as part of his investigation 
into NAIDs claims and for other matters in this case. It is unknown how much of this 
information was conveyed to Mr. Smith. 
Mr. Smiths proposed testimony was already of questionable relevance. He is not a 
current employee or contractor of Interior and did not participate in any way in the preparation or 
drafting of the plans filed by Interior which are the subject of this Phase 1.5 trial. 
Under these circumstances, the Court should exclude the testimony of Mi-. Smith pursuant 
to Fed. R. Evid. 402 as irrelevant or under Rule 403 due to the unfair prejudice suffered by 
Interior from Mr. Smiths testimony, or pursuant to the Courts inherent authority to protect the 
integrity of its proceedings. 
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CONCLUSION 
For these reasons, the Court should exclude the testimony of Mr. Smith. 
Dated: May 8,2003 Respectfully submitted, 
ROBERT D. McCALLUM, JR. 
Acting Associate Attorney General 
STUART E. SCHIFFER 
Deputy Assistant Attorney General 
J. CHRISTOPHER KOHN 
SAND\IR&p. SPOONER 
Deputy Director 
D.C. Bar No. 261495 
JOHN T. STEMPLEWICZ 
Senior Trial Attorney 
PHILLIP M. SELIGMAN 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-0875 
(202) 5 14-71 94 
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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBLA 
ELOULSE PEPION COBELL, al., ) 
) 
Plaintiffs, ) 
) 
V. ) Case No. 1:96CVO1285 
1 (Judge Lamberth) 
al., ) GALE NORTON, Secretary of the Interior, a 
1 
Defendants. 1 
) 
ORDER 
This matter comes before the Court on Interior Defendants Motion In Limine To 
Exclude Testimony of Plaintiffs Witness Michael Smith. Upon consideration of the Motion, the 
responses thereto, and the record in this case, it is hereby 
ORDERED that Interior Defendants Motion is GRANTED; 
ORDERED that the testimony of Michael Smith will be excluded fiom the Phase 1.5 
trial. 
SO ORDERED. 
Date: 
ROYCE C. LAMBERTH 
United States District Judge This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
cc: 
Sandra P. Spooner 
John T. Stemplewicz 
Commercial Litigation Branch 
Civil Division 
P.O. Box 875 
Ben Franklin Station 
Washington, D.C. 20044-0875 
Fax (202) 514-9163 
Dennis M Gingold, Esq. 
1275 Pennsylvania Avenue, N.W. 
Ninth Floor 
Washington, D.C. 20004 
Fax (202) 3 18-2372 
Mark Kester Brown, Esq. 
607 - 14th Street, NW 
Box 6 
Washington, DC 20005 
Fax (202) 318-2372 
Keith Harper, Esq. 
Native American Rights Fund 
1712 N Street, N W 
Washington, D.C. 20036-2976 
Fax (202) 822-0068 
Elliott Levitas, Esq. 
1100 Peachtree Street, Suite 2800 
Atlanta, GA 30309-4530 
Alan L. Ralaran, Esq. 
Special Master 
1717 Pennsylvania Avenue, N.W. 
13th Floor 
Washington, D.C. 20006 
(202) 986-8477 
Earl Old Person (Pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 594 17 
(406) 338-7530 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
LAW OFFICE 
ALAN L. BALARAN, P.L.L.C. 1717 PENNSYLVANMAVE.. N.W 
ADMITI'ED IN DC AND MD 
Invoice submitted to: 
Cobell, et al. v. Norton, et al. 
United States District Court for the 
District of Columbia 
333 Constitution Avenue, NW 
Washington DC 20001 
May 06, 2003 
Invoice #37 
Professional Services 
THIRTEENTH FLOOR 
WASHINGTON, D.C. 20006 
TELEPHONE (202)466-5010 
FAX (202) 986-8477 
E-MAIL abalam@crok.com 
Hrs/Rate Amount 
9.25 925.00 
100.00/hr 
3.13 422.55 
135.00/hr 
0.25 33.75 
135.00/hr 
1.30 260.00 
200.OO/hr 
1.60 320.00 
200.00/hr 
2.20 440.00 
200.00/hr 
6.25 625.00 
100.00/hr 
1.oo 135.00 
135.00/hr 
7.75 775.00 
100.00/hr 
3/31/2003 EKV 
MSS 
MSS 
4/1/2003 ALB 
ALB 
ALB 
EKV 
MSS 
4/2/2003EKV 
Research - continued work on final summary of Navajo Region 
TFAS Review. 
Research - Analyze 8th OR Issues. 
Research - Prepare Analysis of Appraisal Subproject. 
Draft Monthly Report; review documentation 
Review Interior's Unopposed Motion for Leave to Substitute Original 
Expert Rebuttal Report of Lasater; to file under seal Defendants' 
Objections to report and recommendatoin of Special Mastedvlonitor 
on Motion to Unseal Document Filed Under Seal by Court monitor; 
Draft 8QR Report 
Continue work on final summary of Navajo Region TFAS Summary. 
Analyze 8th QR Exhibits 
Complete Navajo Region TFAS Summary and begin edit 
EXHIBIT A 
Defs' Motion In Lirrihe to Exclude 
Michael S. Smith as a Witness This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
A < 
Cobell, et al. v. Norton, et at. 
4/2/2003 ALB Review Motion for Protective Order and Opposition thereto; research 
applicable law and precedent; draft opinion 
ALB Draft Report to Court regarding 8QR 
ALB Research Issues regarding Motion for Protective Order -- generally 
fiduciarty duties 
MSS Analyze 8th QR Exhibits. 
4/3/2003 ALB Review Bureau and Agency comments on draft trust matrices and 
decision trees 
ALB Draft Report to the Court regarding Interiors reprentations in the 8QR 
EKV Complete Navajo Region TFAS Summary and begin the Alaska 
Region TFAS Summary. 
ALB Research and draft memo analyzing prudence/duty of care 
MSS Draft 8th QR Analysis. 
MSS Analyze 8th QR Exhibits. 
4/4/2003 EKV Complete Alaska Region TFAS Summary and begin and complete 
Eastern Region TFAS Summary. 
ALB Draft Report regarding generation of Eighth Quarterly Report; review 
versions of report and EDS submissions 
MSS Draft 8th QR Analysis. 
4/5/2003 ALB Draft Report regarding generation of Eighth Quarterly Report; review 
versions of report and EDS submissions 
MSS Analyze 8th QR Exhibits. 
4/6/2003 ALB Draft Report regarding generation of Eighth Quarterly Report; review 
versions of report and EDS submissions 
MSS Analyze 8th QR Exhibits 
Page 2 
Hrs/Rate Amount 
5.80 1 ,I 60.00 
200.00/hr 
2.70 540.00 
200.00/hr 
3.50 700.00 
200.00/hr 
4.88 658.80 
135.001hr 
1.70 340.00 
200.00/hr 
6.70 1,340.00 
200.00/hr 
5.00 500.00 
100.00/hr 
3.60 720.00 
200.00/hr 
2.00 270.00 
135.00/hr 
2.75 371.25 
135.00/hr 
6.25 625.00 
100.00/hr 
7.50 1,500.00 
200.OO/hr 
4.75 641.25 
135.00/hr 
7.50 1,500.00 
200.OO/hr 
2.25 303.75 
135.00/hr 
7.50 1,500.00 
200.OOihr 
3.13 422.55 
135.00lhr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
%; 
Cobell, et al. v. Norton, et al. 
4/6/2003 EKV 
4/7/2003 ALE 
ALB 
MSS 
EKV 
4/8/2003 ALB 
AL5 
MSS 
EKV 
4/9/2003 ALB 
MSS 
EKV 
EKV 
411012003 ALB 
Assist Mike Smith with analysis of exhibits for report on the 8th 
Quarterly Report. 
Draft Report regarding generation of Eighth Quarterly Report; review 
versions of report and EDS submissions 
Research Issues regarding 
Analyze 8th QR Exhibits. 
Assist Mike Smith with analysis of exhibits for report on the 8th 
Quarterly Report. 
Draft Opinion regarding Motion for Protective Order regarding RFP7 
Draft Report regarding generation of Eighth Quarterly Report 
Analyze 8th QR Exhibits. 
Assist Mike Smith with analysis of exhibits for report on the 8th 
Quarterly Report. 
Draft Report regarding generation of Eighth Quarterly Report 
Analyze 8th QR Exhibits 
Review TFAS region summaries 
Assist Mike Smith with preparation of exhibits for report on the 8th 
.d.- Quarterly Report. ---. 
Finalize Opinion regarding Protective Order 
Page 3 
HrsIRate Amount 
3.50 350.00 
100.00/hr 
7.50 1,500.00 
200.00/hr 
NO CHARGE 
200.00/hr 
5.00 675.00 
135.00/hr 
6.75 675.00 
100.00/hr 
3.40 680.00 
200.OO/hr 
6.80 1,360.00 
200.00/hr 
5.00 675.00 
135.00/hr 
8.50 850.00 
1OO.OO/hr 
7.30 1,460.00 
200,00/hr 
2.75 371.25 
135.00/hr 
2.00 200.00 
100.00/hr 
4.25 425.00 
100.00/hr 
4.50 900.00 
200 .OO/hr 
7.00 1,400.00 
200.00/hr 
2.50 250.00 
100.00/hr 
3.75 375.00 
100.001hr 
ALB Draft Report regarding generation of Eighth Quarterly Report 
EKV Assist Mike Smith with preparation of exhibits for report on the 8th 
Quarterly Report. 
EKV Begin work on TFAS Southern Plains Region Summary This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et al. Page 4 
Hrs/Rate Amount 
411112003 ALB Draft Report regarding generation of Eighth Quarterly Report 6.50 1,300.00 
200.001hr 
ALB Deposition NO CHARGE 
200.00/hr 
MSS Analyze 8th QR Exhibits. 3.50 472.50 
135.001hr 
EKV Assist Mike Smith in preparation of exhibits for report on the 8th 1.25 125.00 
Quarterly Report. 100.00/hr 
EKV Continue work on Southern Plains Region TFAS Summary. 2.00 200.00 
100.00/hr 
411212003 AL5 Draft Report regarding generation of Eighth Quarterly Report 5.80 1,160.00 
200.00/hr 
4/13/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 6.20 1,240.00 
200.001hr 
EKV Finalize and edit report on the 8th Quarterly Report. 9.50 950.00 
100.001hr 
4/14/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 7.10 1,420.00 
200.001hr 
MSS Analyze 8th QR Exhibits 4.00 540.00 
135.00/hr 
EKV Finalize and edit report on the 8th Quarterly Report. 12.75 1,275.00 
100.001hr 
4/15/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 5.50 1,100.00 
200.00/hr 
EKV Assist the Special Master and Mike Smith editing report onthe 8th 
Quarterly Report. a= 
6.OO 
100.OO/hr 
600.00 
EKV Continue work on the Southern Plains TFAS Summary. 1.oo ioo.00 
100.00/hr 
411612003 ALB Draft Report regarding generation of Eighth Quarterly Report 6.00 1,200.00 
200 .OO/hr 
EKV Continue work on the Southern Plains TFAS Summary. 2.25 225.00 
100.00/hr 
EKV Assist Mike Smith editing and organizing materials for report on the 
8th Quarterly Report. 
6.75 
100,00/hr 
675.00 
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Cobell, et at. v. Norton, et al. Page 5 
Hrs/Rate Amount 
4/17/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 7.20 1,440.00 
200.001hr 
EKV Orgainze exhibits and retrieve documents for 8th Quarterly Report. 11S O 1,150.00 
100.001hr 
4/18/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 7.50 1,500.00 
200.00/hr 
EKV Edit report on the 8th Quarterly Report. 9.25 925.00 
100.00/hr 
4/19/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 7.50 . 1,500.00 
200.00/hr 
4/20/2003 ALB Draft Report regarding generation of Eighth Quarterly Report 8.50 1,700.00 
200.00/hr 
EKV Final edit and exhibit preparation for report on the 8th Quarterly 7.25 725.00 
Report. 100.001hr 
4/21/2003 ALB Finalize Report regarding generation of Eighth Quarterly Report 2.20 440.00 
200.001hr 
ALB Preparation for oral argument regarding plaintiffs' bills of particulars 4.50 900.00 
regarding Secretary Gale A. Norton; Assistant Secretary Neal A. 200.00/hr 
McCaleb; Department of Justice attorneys Phillip A. Brooks, Charles 
W. Findlay Ill, James Simon; former Assistant Soticitor Willa 
Perlmutter; and former Assistant Attorney General Lois Schiffer. 
EKV Continue work on Southern Plains Region TFAS Summary. 3.25 325.00 
lOO.OO/hr 
4/22/2003 ALB Hear oral argument regarding plaintiffs' bills of particulars regarding 8.50 1,700.00 
Secretary Gale A. Norton; Assistant Secretary Neal A. McCaleb; 200.00/hr 
Department of Justice attorneys Phillip A. Brooks, Charles W. 
Findlay Ill, James Simon; former Assistant Solicitor Willa Perlmutter; 
and former Assistant Attorney General Lois Schiffer. r 
EKV Continue work on Southern Plains Region TFAS Summary. 4.75 475.00 
100.00/hr 
4/23/2003 EKV Continue work on Southern Plains Region TFAS Summary. 4.00 400.00 
100.00/hr 
412412003 ALB Review filings regarding Blackwell and Cohen - ernail issues 4.40 880.00 
200,OO/hr 
EKV Continue work on Southern Plains Region TFAS Summary 5.75 575.00 
100.00lhr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et al. Page 6 
Hrs/Rate Amount 
4/25/2003 ALB Preparation for oral argument regarding plaintiffs' bills of particulars 2.50 500.00 
regarding Edith Blackwell and Edward Cohen 200.00/hr 
4/27/2003 ALB Review Gidner report and documentation related to Chickasaw and 5.40 1,080.00 
Wewoka agencies; prepare questions for deposition of Hanna et al. 200.00/hr 
ALB Travel to Tulsa, Oklahoma to conduct depositions concerninng 3.50 NO CHARGE 
Wewoka and Chickasaw agency Special Master site visits 200 .OO/hr 
4/28/2003 ALE Deposition of Jeannette Hanna 3.50 700.00 
200.00/hr 
ALE Depositions of S. tully, J. Belgarde; R. Phillips; J. Kemp; P. Phillip 8.50 1,700.00 
and J. Hanna 200.00/hr 
For professional services rendered 396.29 $60,372.65 
Additional Charges : 
3/31/2003 Copying cost 85.59 
4/7/2003 Copying cost 1,315.06 
Copying cost 50.76 
4/8/2003 Photocopies of Eastern Navajo Region for Report 126.90 
Total costs $1,578.31 
Total amount of this bill 
Previous balance 
5/5/2003 Payment - thank you 
Total payments and adjustments 
$61,950.96 
$59,771.03 
($59,771.03) 
($59,771.03) 
Balance due $61,950.96 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Work Performed by MSS in the Special Masters April I,2003 Bill 
2/27/03 Review of EDS AS-IS Report and 8th Quarterly Report 0.60 $135.00 $81.OO 
2/27/03 Reviewed 8th QR files (two boxes) 0.90 $135.00 $121S O 
2/27/03 Reviewed files in DO1 regarding 8th QR. 1.oo $135.00 $135.00 
2/27/03 Reviewed 8th QR files (two boxes) 1.40 $135.00 $189.00 
3/5/03 Reviewed 8th QR files (two boxes) 0.50 $135.OO $67.50 
3/5/03 Reviewed Appendix A.doc 0.10 $135.00 $13.50 
315103 Reviewed Appendix B.pdf. 0.10 $135.00 $13.50 
3/5/03 Reviewed OTRM Site Visit Plan 0.10 $135.00 $13.50 
3/5/03 Drafted 030305 Chronology 1.oo $135.00 $135-00 
3/5/03 Reviewed SOW.doc 0.10 $135.OO $13.50 
3/5/03 Reviewed Appendix Apdf 0.10 $135.00 $13.50 
3/5/03 Reviewed MMS.pdf \ 0.10 $135.00 $13.50 
3/5/03 Reviewed Probate J.pdf 0.10 $135.00 $13.50 
3/5/03 Reviewed Probate R.pdf 0.10 $135.00 $13.50 
3/5/03 Reviewed Probate K.pdf 0.10 $135.OO $13.50 
3/5/03 Reviewed P&P E.pdf 0.10 $135.00 $13.50 
3/5/03 Reviewed Workforce M 0.10 $135.00 $13.50 1 
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Reviewed Workforce J .pdf 0.10 $135 .OO $13.50 
Reviewed Breach 1 h.pdf 0.10 $135.00 $13.50 
Reviewed Appendix D.pdf 0.10 $135.00 $13.50 
Reviewed May 2001 Completion Criteria.pdf 0,lO $135.00 $13.50 
Reviewed Appendix C.pdf 0.10 $135.00 $13.50 
Reviewed May 2001 M R Notes.pdf 0.10 $135.00 $13.50 
Reviewed Appendix E.pdf 0.10 $135.00 $13.50 
Reviewed Appendix F.pdf 0.10 $135.00 $13.50 
Reviewed Aug 17 2001 talking points.pdf 0.10 $135.00 $13.50 
Drafted 030305 Chronology 0.10 $135.00 $13.50 
Reviewed Records Management Template 0.10 $135.00 $13.50 
Reviewed TAAMS Template 0.10 $135.00 $13.50 
Reviewed Policies and prpcedures template 0.10 $135.00 $13.50 
Reviewed Introduction template 0.10 $135.00 $13.50 
Reviewed probate backlog template 0.10 $135.00 $13.50 
Reviewed workforce planning template 0.10 $135.00 $13.50 
Reviewed MMS system engineering template 0.10 $135.00 $13.50 
Reviewed computer architecture template 0.10 $135.00 $13.50 
Reviewed Appendix G template 0.10 $135.00 $13.50 
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3/12/03 
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3/18/03 
Drafted Oct 1 2001 8th QR templates 0.40 $135.00 $54.00 
Reviewed Appendix H 0.10 $135.00 $13.50 
Reviewed Oct 2001 briefings 0.10 $135.00 $13.50 
Reviewed Appendix I 0.10 $135.00 $13.50 
Reviewed Appendix J 0.10 $135.00 $13.50 
Drafted 030305 Chronology 0.40 $135.OO $54.00 
Reviewed Appendix J 0.10 $135.00 $13.50 
Reviewed Appendix J1 0.10 $135.00 $13.50 
Reviewed Appendix I2 0.50 $135.00 $67.50 
Reviewed Appendix L 1.oo $135.00 $135.OO 
Reviewed AppendixJ2 0.20 $135.00 $27.00 
Drafted 030306 Chronology Report 5.00 $135.00 $675.00 
Reviewed 8th QR documps 5.00 $135.00 $675.00 
Reviewed dacuments relating to OSTZCTOO10 2.50 $135.00 $337.50 
Reviewed 8th QR documents 0.80 $135.00 $108.00 
Reviewed documents relating to OST02CT0010 4.00 $135.OO $540.00 
Drafted Analysis of contract issues. 2.60 $135.00 $351.OO 
Drafted analysis of contract issues. 1.60 $135 .OO $216.00 
Drafted sole source justification (OST contract) 0.80 $135.OO $108.00 
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3/21/03 
3/25/03 
3/26/03 
3/27/03 
313 1/03 
3/3 1/03 
4/1/03 
4/2/03 
Reviewed documents relating to 8th QR 1.oo $135.00 $135.00 
Reviewed documents relating to 8th QR 4.80 $135.OO $648.00 
Reviewed HLIP microsoft file 0.80 $135.00 $108.00 
Compiled Appraisal information for later analysis 4.00 $135.OO $540.00 
_______._____- 
Developed information on appraisals 1.80 $135.OO $243.00 
Compiled information for 8th QR analysis 3.40 $135.00 $459.00 
Reviewed and Analyzed 8th QR files 3.90 $135.00 $526.50 
Edited OST02CT0010 analysis 4.00 $135.OO $540.00 
~ 
~~ 
Reviewed and Analyzed 8th QR files 3.90 $135.00 $526.50 
Reviewed and Analyzed 8th QR files 3.90 $135.00 $526.50 
j .- TOTALS: 65.30 $i35,00 $8,815.50 
Work Pqformed by MSS in the Special Masters May 6, 2003 Bill 
Research - Analyze 8th QR Issues. 3.13 $135.00 $422.55 
Research - Prepare Analysis of Appraisal Subproject. 0.25 $135.00 $33.75 
Analyze 8th QR Exhibits. 1.oo $135 .OO $135.00 
Analyze 8th QR Exhibits. 4.88 $135.00 $658.80 
P 
I This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
4/3/03 
4/3/03 
4/4/03 
4/5/03 
4/6/03 
4/7/03 
4/8/03 
4/9/03 
4/11/03 
4/14/03 
Draft 8th QR Analysis. 2.00 $135.OO $270.00 
Analyze 8th QR Exhibits 2.75 $135.00 $371.25 
Draft 8th QR Analysis. 4.75 $135.OO $641.25 
Analyze 8th QR Exhibits. 2.25 $135.00 $303.75 
Analyze 8th QR Exhibits. 3.13 $135.00 $422.55 
Analyze 8th QR Exhibits. 5.00 $135.00 $675.00 
Analyze 8th QR Exhibits. 5.OO $135.OO $675.00 
Analyze 8th QR Exhibits. 2.75 $135.00 $371.25 
Analyze 8th QR Exhibits. 3S O $135.00 $472.50 
Analyze 8th QR Exhibits. 4.00 $135.00 $540.00 
w.: TOTALS: 44.39 :~~$135.00 $5,992.65  
Total Work Pprformed by MSS in the Special Masters April and May Bills: 
/ I 
April 2003 65.30 $135.00 $8,815.50 
May 2003 44.39 $135.OO $5,992.65 
TOTALS: 109.69 $135.00 $14,808.15 
f This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
I 3/4/03 I EKV I Meeting- with Mike Smith regarding- work obiectives. I 0.50 I $100.00 I $50.00 I I 
TOTALS: 0.50 $100.00 $50.00 
WC 
Assist Mike Smith with analysis of exhibits for report on the 8th 3.50 $100.00 $350.00 
Quarterly Report. 
Assist Mike Smith with analysis of exhibits for report on the 8th 6.75 $100.00 $675.00 
Quarterly Report. 
4/8/03 EKV Assist Mike Smith with analysis of exhibits for report on the 8th 8.50 $100.00 $850.00 
Quarterly Report. 
4/9/03 EKV Assist Mike Smith with preparation of exhibits for report on the 8th 4.25 $100.00 $425.00 
Quarterly Report. 
4/10/03 EKV Assist Mike Sfslithwith preparation of exhibits for report on the 8th 2.50 $100.00 $250.00 
Quarterly Report. 
411 1/03 EKV Assist Mike Smith with preparation of exhibits for report on the 8th $125.OO 
Quarterly Report. I 1.25 I $100*00 
Assist the Special Master and Mike Smith editing report on the 8th 1 6.00 1 $100.00 I $600.00 I Quarterly Report. 
Assist Mike Smith editing and organizing materials for report on the $675.00 I 8th Quarterly Report. 
TOTALS: 39.50 $100.00 $3,950.00 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
:--. This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
LAW OFFICE 
ALAN L. BALARAN, P.L.L.C. 
ADMfTTED IN DC AND MD 
Invoice submitted to: 
Cobell, et al. v. Norton, et al. 
United States District Court for the 
District of Columbia 
333 Constitution Avenue, NW 
Washington DC 20001 
April 01, 2003 
Invoice#35 
Professional Services 
2/27/2003 MSS Review of EDS AS-IS Report and 8th Quarterly Report. 
MSS Reviewed 8th QR files (two boxes) 
MSS Reviewed files in DO1 regarding 8th QR. 
MSS Reviewed 8th QR files (two boxes) 
3/2/2003 ALB Draft Monthly Report; review attachments 
ALB Review records related to possible document destructimor 
upcomding Albuquerque trip 
3/3/2003 EKV Attended two IT security meetings. 
1717 PENNSYLVANIA Am.,N.W. 
THIRTEENTH FLOOR 
WASHINGTON, D.C. 20006 
TELEPHONE (202) 466-5010 
FAX (202) 986-8477 
E-MAIL abdaran@emls.com 
HrslRate - Amount 
0.60 81.OO 
135.00/hr 
0.90 121.50 
135.00Ihr 
1.oo 135.00 
135.00lhr 
1.40 189.00 
135.00lhr 
2.00 400.00 
200.001hr 
3.50 700.00 
200.OO/hr 
2.00 200.00 
100.00/hr 
ALt3 Weekly IT meeting regardingstatus of pending requests and reports 3.50 700.00 
from Interior; Conference w/Mahach et al. regarding after hours 200.001hr 
"Phase 111" testing; conference w/Kerr and Gast regarding tasks for 
upcoming month and status of N8C Washington 
ALB Review Plaintiffs' Notice of Supplemental Authority in Support of 0.30 60.00 
Motion for Order to Show Cause Why Interior and Edwards should 200.00/hr 
not be held in contempt 
EXHIBIT C 
Defs' Motion Iiz Linrine to Exclude 
Michael S Smith as a Witness This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
& - 
Cobell, et al. v. Norton, et al. 
3/3/2003 ALB Review Brooks' Reply to Plaintiffs' ConsolidatedOpposition 
EKV Research of IBO contracts. 
EKV Preparation of monthly reports and for distribution. 
EKV Preparation of Department of Corrections report. 
3/4/2003 EKV Research and drafting of a memo comparing TFAS draft and final 
draft. 
EKV Meetingwith Mike Smith regarding work objectives. 
EKV Research TFAS reviews and began drafting memos regarding their 
contents. 
ALB Travel to Kansas City and to Overland Park en route to Overland 
Park 
3/5/2003 EKV Research of IBO binders and drafting of summary memos. 
MSS Reviewed 8th QR files (two boxes) 
MSS ReviewedAppendix A.doc 
MSS ReviewedAppendix B.pdf. 
MSS Reviewed OTRM Site Visit Plan 
MSS Drafted 030305 Chronology 
MSS Reviewed SOW.doc 
MSS ReviewedAppendix A.pdf 
MSS Reviewed MMS.pdf 
Page 2 
HrslRate Amount 
0.30 60.00 
200.001hr 
2.00 200.00 
100.00lhr 
2.50 250.00 
100.001hr 
1.oo 100.00 
100.001hr 
8.25 825.00 
100.00/hr 
0.50 50.00 
100.00lhr 
6.25 625.00 
100.00/hr 
4.50 NO CHARGE 
200.00/hr 
7.25 725.00 
100.00/hr 
0.50 67.50 
135.001hr 
0.10 13.50 
135.001hr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.00/hr 
1.oo 135.00 
135.00lhr 
0.10 13.50 
135.00lhr 
0.10 13.50 
135.001hr 
0.10 13.50 
135.001hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et al. 
3/5/2003 MSS ReviewedProbate J.pdf 
MSS Reviewed Probate R.pdf 
MSS Reviewed Probate K.pdf 
MSS Reviewed P&P E.pdf 
MSS Reviewed Workforce M 
MSS ReviewedWorkforce J.pdf 
MSS Reviewed Breach 1 h.pdf 
MSS ReviewedAppendix D.pdf 
MSS Reviewed May 2001 Completion Criteria.pdf 
MSS ReviewedAppendix C.pdf 
MSS Reviewed May 2001 AAR Notes.pdf 
MSS ReviewedAppendix E.pdf 
MSS Reviewed Appendix F.pdf 
MSS ReviewedAug 17 2001 talking points.pdf 
MSS Drafted 030305 Chronology 
MSS Reviewed Records ManagementTemplate 
MSS Reviewed TAAMS Template 
Page 3 
Hrs/Rate Amount 
0.10 13.50 
135.001hr 
0.10 13.50 
135.001hr 
0.10 13.50 
135.00/hr 
0.10 13.50 
135.001hr 
0.10 13.50 
135.00/hr 
0.10 13.50 
135.001hr 
0.10 13.50 
135.001hr 
0.10 13.50 
135.001hr 
0.10 13.50 
135.00/hr 
0.10 13.50 
135.00/hr 
0.10 13.50 
135.00/hr 
0.10 13.50 
135.00/hr 
0.10 13.50 
135.00/hr 
0.10 13.50 
135.00/hr 
0.10 13.50 
135.001hr 
0.10 13.50135.00/
hr 
0.10 13.50 
135.00/hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et al. 
3/5/2003 MSS Reviewed Policies and procedures template 
MSS Reviewed Introduction template 
MSS Reviewed probate backlog template 
MSS Reviewed workforce planning template 
MSS Reviewed MMS system engineering template 
MSS Reviewed computer architecture template 
MSS Reviewed Appendix G template 
MSS Drafted Oct 1 2001 8th OR templates 
MSS Reviewed Appendix H 
MSS Reviewed Oct 2001 briefings 
MSS Reviewed Appendix I 
MSS Reviewed Apendix J 
MSS Drafted 030305 Chronology 
MSS Reviewed Appendix J 
ALB Review Remediation Plan re: NBC -- Tlconference with Gillett and 
Travel to Labat - Anderson Facility/ Conference w/Managers, Dunbar 
(L.A), Skotta (OTR), Siernekowski (DOJ), Baker (LA) and review 
effort to index, quality control, search and gatekeep 
ALB Review Defendants' Expert Reports provided by J.S. (DOJ) 
ALB Review documents in preparation of investigation into possible 
document destruction at Navajo Regional Office 
Page 4 
Hrs/Rate - Amount 
0.10 . 13.50 
135.00lhr 
0.10 13.50 
135.00/hr 
0.10 13.50 
135.001hr 
0.10 13.50 
135.00/hr 
0.10 13.50 
135.001hr 
0.10 13.50 
135.00/hr 
0.10 13.50 
135.00/hr 
0.40 54.00 
135.001hr 
0.10 13.50 
135.001hr 
0.10 13.50 
135.001hr 
0.10 13.50 
135.00/hr 
0.10 13.50 
135.00/hr 
0.40 54.00 
135.001hr 
0.10 13.50 
135.001hr 
3.50 700.00 
200.001hr 
1.50 300.00 
200.OO/hr 
2.00 400.00 
200.00/hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et al. Page 5 
3/5/2003 ALE3 Travel from Kansas City to Albuquerque 
ALB Review Plaintiffs' Expert Reports 
3/6/2003 EKV Research of IBO binders and drafting of summary memos. 
MSS Reviewed Appendix J1 
MSS Reviewed Appendix 12 
MSS Reviewed Appendix L 
MSS ReviewedAppendix J2 
MSS Drafted 030306 Chronology Report 
ALE Travel from Albuquerque to Gallup 
HrslRate Amount 
3.50 NO CHARGE 
200.OO/hr 
2.00 400.00 
200.001hr 
8.00 800.00 
100.00/hr 
0.10 13.50 
135.00/hr 
0.50 67.50 
135.00/hr 
1.DO 135.00 
135.00/hr 
0.20 27.00 
135.00/hr 
5.00 675.00 
135.00/hr 
2.00 NO CHARGE 
200.001hr 
ALB Interview Baker and Hatfield; review appraisal files; travel to Window 
Rock, AZ (NC) Interview Stephen Graham 
0.50 
200.oohl r 
100.00 
3/7/2003 EKV Research of IBO binders and drafting of summary memos. 6.75 675.00 
100.001hr 
ALB Review Appraisal files -- Draft Memorandumand edit 3.00 600.00 
200.001hr 
ALB Review NAlD outline 1.20 240.00 
- 200.00/hr 
,-4 
ALB Review OTR Workplan; draft memo to file 0.80 160.00 
200.00/hr 
ALB Review documents and reports submitted by Gallup Appraisal Office 2.80 560.00 
200.00/hr 
3/8/2003 ALB Review Kerr Reports 0.90 I 80.00 
200.00ihr 
3/9/2003 ALB Conference with Interior Employees (individually and collectively) 5.80 1, I 60.00 
regarding records retention, work plans, appraisals 200.00/hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell. et at. v. Norton. et at. 
3/9/2003 ALB Review KPMG Annual Report regarding DOVOST Tribal and Other 
Trust Funds and IIM Funds Managed by OTFM 
3f 1012003 ALB Travel from Albuquerque to DC 
ALB Conference with Interior employees 
ALB Review Independent Auditor's Report regarding Consolidated 
Balance Sheets of BIA focusing on weaknessees identified in IT 
Systems 
ALB Review 3/4/03 Bi-Weekly Report; draft memo to file to send letter to 
Justice 
311112003 EKV Research of region binders. Drafted summaries for Midwest and 
Southwest Regions and began work on Pacific Region. 
EKV Meeting with IT group. 
ALB Weekly IT Conference regarding updates and Phase IV testing 
ALB Review appellate brieWopposition and reply 
ALB Review Opposition to Motion to Assign Mandamus to Appellate Panel 
ALB Review Angel and Lasater Reports (w/out attachments) 
ALB Review Defendants' reply regardingAttachment C (.3) Motion to file 
(.2); Mmotion for enlargment regarding B. Edwards (.2); Motion for 
Protective Order regading Mineral Act (.3); and Motion regarding 
E&Y report (3). ---. 
3/12/2003 EKV Meeting with Alan Balaran regarding the progress of work performed 
last week during his absence and plans for progression. 
EKV Research and drafting of memo regarding the original intent of the 
IBO Inter-Agency Agreement, the guidelines set out in the 
TFASRAAMS memo, and work performed in various regions. 
MSS Reviewed 8th QR documents 
MSS Reviewed documents relating to OST2CT0010 
Page 6 
Hrs/Rate Amount 
1.70 340.00 
200.00/hr 
3.50 NO CHARGE 
200.00/hr 
2.00 400.00 
200.00/hr 
0.80 160.00 
200.00/hr 
0.80 160.00 
200.00/hr 
6.50 650.00 
100.001hr 
1.oo 100.00 
100.00/hr 
2.00 400.00 
200.00lhr 
2.20 440.00 
200.00lhr 
0.30 60.00 
200.00/hr 
1.a0 360.00 
200.00/hr 
1.60 320.00 
200.00/hr 
1.oo 100.00 
100.00/hr 
6.75 675.00 
100.00/hr 
5.00 675.00 
135.00lhr 
2.50 337.50 
135.00lhr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et at. v. Norton, et al. 
3/13/2003 ALB Review Petrie letter regarding third production RFP7 documents and 
Protectiveorder 
ALB Review Motion for Expedited Consideration of Interior Defendants' 
Motion for Leave to Provide congress a Summary Version of the 
Ernst and Young Report 
ALB Draft Letter to Gillett regarding Audit Report and Phase 1V Testing 
ALB Review Interior Defendants' Motion and Memorandum in Support for 
a Protective Order Regarding Confidential Informationre: RFP7 
ALB Review Gingold Letter regardingZantaz search 
ALB Review Scott Park's Letter to Gingold and attachments regarding 
Infield position discription 
ALB Review Plaintiffs' Notice of Supplemental Authority in Support of 
Compliance Action Plan 
ALE Review Notice of Supplemental Authority in Support of Plaintiffs' Plan 
for DeterminingAccurate Balances in the Individual Indian trust 
ALE Review Plaintiffs' correspondence responding to Beard letter 
modifying position description of Mona Infield 
EKV Research involving Southwest and Navajo Regions TFAS Reviews; 
finished Southwest Summary Report and began Navajo Region 
report. 
MSS Reviewed 8th QR documents 
MSS Reviewed documents relating to OST02CT0010 
311412003 ALB Conferencewith USI. John Kerr regarding plan to proceezwith 
Phase IV, remediation efforts, Phase Illcontinued scans, future site 
visits 
ALB Draft Report to Court regarding Site Visit to Gallup and Window Rock 
AL0 Review Interior Defendants' Motion to Strike Plaintiffs'request for 
sanctions emanating from S.M. McCaleb Report; Plaintiffs' 
Opposition thereto 
ALB Review Motion by Gale Norton for Enlargement of Time to Respond 
to Motion for Order to Show Cause regarding Burt Edwards 
Page 7 
Hrs/Rate Amount, 
0.10 20.00 
200.00/hr 
2.00 400.00 
200.00/hr 
0.20 40.00 
200.00/hr 
0.30 60.00 
200.00/hr 
0.10 20.00 
200.00/hr 
0.30 60.00 
200.00/hr 
0.10 20.00 
200.001hr 
0.10 20.00 
200.00/hr 
0.10 20.00 
200.001hr 
8.00 800.00 
100.00/hr 
0.80 108.00 
135.00/hr 
4.00 540.00 
135.00/hr 
1.70 340.00 
200.00/hr 
4.50 900.00 
200.00/hr 
0.40 80.00 
200.00ihr 
0.20 40.00 
200.00ihr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et at. v. Norton, et al. Page 8 
HrslRate Amount 
3/14/2003 ALB Review Interior's Notice of Filing of Newell's expert report 2.00 400.00 
200.001hr 
ALB Review Defendants' Unopposed Motion to File Expert Report of 0.60 120.00 
Joseph R. Rosenbaum under seal and attachments thereto 200.00/hr 
ALB Review correspondence regarding infield position dated 3114 0.10 20.00 
200.00lhr 
EKV Research of Navajo Region TFAS review - continued work on 8.75 875.00 
summary document. 100.00/hr 
MSS DraftedAnalysis of contract issues. 2.60 351.OO 
135.001hr 
MSS Drafted analysis of contract issues. 1.60 216.00 
135.00/hr 
311512003 ALB Review Interior Defendants' Response to NAIC Amicus Brief 0.30 60.00 
200.00/hr 
311612003 ALB Review Defendants' Reply to Plaintiffs' Opposition to Interior's Motion 0.10 20.00 
to Strike comments regarding Corrected report and recommendation 200.001hr 
of Special Master 
ALB Draft Appraisal Report 5.60 1,120.00 
200.001hr 
311712003 AL0 Draft letter to Gillett in response to Warshawsky letter and 0.40 80.00 
CasonlSAlC attachments' 200.00/hr 
ALE Conference with wIUSi, John Baddour and John Kerr regarding 0.80 160.00 
internal testing and Phase IV issues and upcoming IT meeting 200.001hr 
ALE Review Plaintiffs'Notice of Supplemental Informationin support of 0.20 40.00 
opposition to motion to adjust SM-M fee 200.00lhr 
ALE Review USi OHA Report (3112103); transmit with cover lgter to 0.30 60.00 
counsel 200.001hr 
ALB Review Kessler letter regarding OTR certification and attachment 0.10 20.00 
200.001hr 
ALB Review McKenna response to Plaintiffs' counsel regarding service 0.10 20.00 
on Secretary 200.001hr 
ALB Review Motion to Continue Motions for summary Judgment and 1.50 300.00 
affidavit is support thereof; notice of filing of amended certificate of 200.00/hr 
service; opposition to Plaintiffs' Motions to treat as conceded and 
strike as untimely motion for partial summary judgment This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell. et al. v. Norton, et ai. 
3117/2003 ALB Review Materials related to 08G exploration in Eastern Navajo 
region 
EKV Research - finished drafting of Navajo summary, revised Southwest 
Region and Navajo Region Summary, began work on Midwest 
Region summary. 
31ia12003 EKV Research - TFAS summary review of Midwest Region completed 
and work performed on Northwest Region. 
EKV Meeting -weekly IT meeting. 
MSS Drafted sole source justification (OST contract) 
MSS Revieweddocuments relating to 8th QR 
MSS Reviewed documents relating to 8th QR 
3/19/2003 EKV Research - revised Southwest RegionalTFAS summary memo and 
began second revision on Navajo Regional TFAR summary memo. 
MSS Reviewed HLlP microsoft file 
MSS Compiled Appraisal informationfor later analysis 
3l2012003 ALB Review Defendants' Motion for reconsiderationof sanctions in light 
of CM-M decision to release privileged documents 
ALB Review Secretary Norton's Motion (in her individualcapacity) for 
Order Relating to Service 
ALB Review Plaintiffs' Opposition to Bentzen's Motion for Prottective 
Order to Quash Subpoena and other relief and attachments 
ALB Review Brown-Quinncorrespondenceregarding expert 
opinionlproductionof documents 
ALB Review Amended Notice of Christie Deposition and attached 
inventory list 
ALB Review Status Report to S.M. of March 18, 2003; draft letter to 
Kessler regarding OTR Report 
ALB Review Defendants' Motion for Reconsiderationof March 5, 2003 
Order Directing Payment to Special Master Alan L. Balaran, and 
Memorandum in Support 
Page 9 
Hrs/Rate Amount 
4.70 940.00 
200.00/hr 
7.75 775.00 
100.00/hr 
8.00 800.00 
100.00/hr 
1.50 150.00 
100.001hr 
0.80 108.00 
135.00lhr 
1.oo 135.00 
135.00lhr 
4.80 648.00 
135.001hr 
8.75 875.00 
100.00lhr 
0.80 108.00 
135.001hr 
4.00 540.00 
135.00/hr 
0.30 60.00 
200.001hr 
0.30 60.00 
200.00lhr 
0.40 80.00 
200.001hr 
0.10 20.00 
200.00lhr 
0.20 40.00 
200.001hr 
0.60 120.oo 
200.00/hr 
0.30 60.00 
200.001hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et at. v. Norton, et at. 
3/20/2003 ALB Review Defendants' Motion for Reconsiderationof March 5, 2003 
Order Directing Payment to Special Master-Monitor J. Kieffer, and 
Memorandum in Support 
ALB Review Plaintiffs' Notice of Supplemental Authority in Support of 
Plaintiffs' Plan for DeterminingAccurate Balances 
ALB Review Notice of Filing of 13th Quarterly Treasury Report 
ALB Review Motion to Substitute Declarationof D. Erwin and attachments 
thereto 
ALB Review Motion for Enlargementregarding Bert Edwards and 
attachments thereto 
ALB Review Motion to substitute declarations of Griles, Cason and 
Swimmer in support of assertions of deliberative process privileges 
ALB Review Filings regarding statute of Imitations and laches 
ALB Conferencewith J. Kerr regarding Phases Ill and IV testing and 
future site visits; draft plan of action 
EKV Research - continued revision of Navajo Region and began 
Northwest Region TFAS reviews. 
MSS Developed information on appraisals 
MSS Compiled information for 8th QR analysis 
312 1I2003 ALE Review Motion for expedited considerationand clarification regarding 
contact of Plaintiff Old Person 
ALB Review NAID documents and begin draft of Preliminary NAID Report 
ALE Conference with Haspell and Kessler regarding Labat, Trust 
Definition. Trust Training and creation of search engine 
ALB Draft Observations regarding lBO/TFAS review of four regions 
EKV Research - finished Northwest Region and began work on a TFAS 
review synopsis 
ALB Review NAlD documents and draft report in response to court order 
Page 10 
HrslRate Amount 
0.30 NO CHARGE 
200.OO/hr 
0.30 60.00 
200.00/hr 
0.70 140.00 
200.00/hr 
0.50 100.00 
200.001hr 
0.60 120.00 
200.00/hr 
0.60 120.00 
200.00/hr 
0.30 60.00 
200.001hr 
1S O 300 00 
200.00/hr 
8.50 850.00 
lOO.OO/hr 
1.80 243.00 
135.001hr 
3.40 459.00 
135.00/hr 
0.40 80.00 
200.00/hr 
2.00 400.00 
200.00ihr 
1.oo 200.00 
200.001hr 
3.50 700.00 
200.00/hr 
8.25 825 00 
100 OOihr 
4.50 90000 
200.00/hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
e - 7 
Cobell, et al. v. Norton, et al. 
3/21/2003 MSS 
3/22/2003 ALB 
3/23/2003 ALE 
3/24/2003 ALE 
ALB 
ALB 
EKV 
EKV 
3/25/2003 ALB 
ALB 
ALB 
ALB 
E W 
Reviewedand Analyzed 8th QR files 
Draft NAlD Report; review EDS Reports (10/10; 10131; 11/12) and 
Interior's request to replace HLlP with EDS format and Emergency 
Motion; review comments to EDS first two reports 
Draft NAIO Report; review EDS Reports (10110; 10131; 7 1/12) and 
Interior's request to replace HLlP with EDS format and Emergency 
Motion; review comments to EDS first two reports 
Draft NAlD Report based on public informationwhile awaiting 
production of documents 
Conferencewith J. Kerr revieweing Work Plan for Cobell v. Norton 
Project dated March 20, 2003 
Review Court documents related to 8th Quarterly Report 
Research - completed TFAS synopsis report and began revised 
TFAS account 
Meeting with AB regarding status of TFAS review. 
Review Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' 
Conolidated Motions regarding concession as to summary judgment, 
untimely opposition to P's Motion for Partial Summary Judgment and 
for enlargement of time to reply to opposition brief (+ attached 
affidavits); consolidated opposition to Norton's Motion for 
enlargement of time to respond to Ps' Motion for Order to Show 
Cause regarding contempt for Edwards and request for expedited 
consideration; Ds' Reply Memorandum in further support of Motion 
for Leave to provide Congress with Summary Versions of E&Y 
Report 
Review Gidener Final Report regarding events at Chickasaw -draft 
memo to file challenging assumptions for discussion with%err; draft 
letter to Gillett; review letter from Gillett regarding Boise Solicitor's 
Office and draft response 
Draft Chronology of 6th, 7th and 8QR 
Review Navajo region IEO documents w/EV for report 
Research - continued work on TFAS summary account. 
Page 11 
Hrs/Rate Amount 
3.90 526.50 
135,00/hr 
4.80 960.00 
200.00/hr 
5.00 1,000.00 
200.OO/hr 
4.40 880.00 
200.001hr 
1.60 320.00 
200.00lhr 
2.20 440.00 
200.001hr 
7.75 775.00 
100.00/hr 
1.oo 100.00 
100.00/hr 
1.60 320.00 
200.00/hr 
3.50 700.00 
200.00/hr 
2.90 580.00 
200.00/hr 
1.50 300.00 . 
200.OO/hr 
7 75 775 00 
100.00/hr This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
4 -: 
Cobell, et al. v. Norton, et al. 
3/25/2003 MSS 
3/26/2003 ALB 
ALB 
ALB 
EKV 
MSS 
Edited OST02CT0010 analysis 
Review Interior Defendants' Motion and Supporting Memorandum for 
Reconsideration of 3/11/03 Memo granting plaintiffs' request for 
sanctions pursuant to 56(g) 
Review NAlD memoranda and e-mails relating to creation of 8QR; 
continue drafting report and chronology of events leading to January 
16, 2002 report release 
Review Notificationof Proposed Movement of BOR Records and 
attachments; draft letter of approvai 
Research - continued work on TFAS summary account. 
Reviewedamd Analyzed 8th QR files 
Review Notice of Intention to Reconnect BIA to Internet; draft letter 
to Gillett in response 
Draft Letter regarding proposed oral argument schedule in contempt 
proceedings 
Review Assessment of SAG regarding Sacramento Visit; OHA 
connection retest; MMS Strac; NBC; Vconference wlJ. Kerr and 
review letter from Kerr to J. Snoich regarding further remediation 
information 
Review Interior Defendants'Motion to File Under Seal Memo to 
Strike Plaintiffs' References to and Quotation of the Content of 
Attachment "C"; and Motion to Strike Order to Show Cause 
regarding Bert Edwards, Historical Accounting Plan and Notice of 
Page 12 
HrslRate Amount 
4.00 540.00 
135.001hr 
0.70 140.00 
200.00/hr 
4.50 900.00 
200.001hr 
0.60 120.00 
200.00lhr 
6.25 625.00 
100.001hr 
3.90 526.50 
135.00/hr 
0.30 60.00 
200.00/hr 
0.30 60.00 
200.001hr 
1.40 280.00 
200.00/hr 
0.50 100.00 
200.OO/hr 
0.30 60.00 
200.00/hr 
0.20 40.00 
200.00/hr 
4.70 940.00 
200.001hr 
9.00 900.00 
100.00/hr 
7.00 1.400.00 
200.00/hr 
3/27/2003 ALB 
ALB 
ALB 
ALB 
ALB 
ALB 
ALB 
EKV 
ALB 
Violation 
Review letters from Gillett requesting reports and regarding the OSM 
.z 
remediation; draft response. 
Review Plaintiffs' Notice of Filing Exhibit 1 in support of opposition to 
Secretary Norton's Memorandum 
Draft Report regarding 8QR 
Research - continued work on Midwest Region TFAS summary 
account. 
Draft NAlD Chronology and Report; review 10/10/01 EDS Report This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
Cobell, et al. v. Norton, et al. Page 13 
HrslRate Amount 
3/27/2003 ALE Review Ferrell letter regarding digitization 0.10 20.00 
200.001hr 
ALE Review Weekly Status Report of SAG 0.40 80.00 
200.001hr 
ALE Begin Review of Interior's oppositionto Plaintiffs' Motion for Order to 1.80 360.00 
Show Cause why Edwards Should not be held in Civil and Criminal 200.OO/hr 
Contempt; and Motion by Secretary Norton (in her individual 
capacity) regarding same 
MSS Reviewed and Analyzed 8th QR files 3.90 526.50 
135.00/hr 
3/28/2003 EKV Research - continuedwork on TFAS summary accounts for 
Southwest and Northwest regions. 
8.00 
100.001hr 
800.00 
3/29/2003 ALB Review Interior Defendants' Opposition to Show Cause Motion 
regarding 6. Edwards and attachments; Opposition to Plaintiffs' 
Motion to Continue Ds'Motion for Summary Judgment Pursuant to 
2.60 520.00 
200.00/hr 
Fed.R.Civ.P. 56(f) and to Enlarge (wlout attachments 
ALE Draft Review of 8QR Chronology 4.40 880.00 
200.00/hr 
3130/2003 ALB Review checkerboarddocuments; Oil & Gas Journals and draft Site 
Visit Report to the Navajo Eastern Region 
5.60 1,I 20.00 
200.00/hr 
3/31/2003 ALB Draft Report to Court regarding 8QR; Site visit to Navajo report and 
monthly report 200.001hr 
5.70 1,140.00 
ALB Review Court Monitor Opinions regarding deliberative process etc 2.20 NO CHARGE 
200.00/hr 
For professional services rendered 400.70 $56,795.50 
Additional Charges : 
3/3/2003 Copying cost 
3/21/2003 Copying cost for Navajo allottee map 
3/31/2003 Airline for Kansas City and Albuquerque 
Food Expenses (at government rate of $42 per diem) 
Hotel for Kansas and Albuquerque 
Taxicab to Baltimore and National for Kansas City and Overland Park 
162.22 
105.75 
834.00 
294.00. 
1,028.02 
88.00 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
4: 
Cobell, et at. v. Norton, et al. Page 14 
Arnount 
3/31/2003 Rental Cars in Kansas City and Albuquerque 434.44 
Gasoline in Kansas City and Albuquerque 29.10 
Total costs $2,975.53 
Total amount of this bill $59.771.03 
Previous balance $38,623.77 
4/1/2003 Payment - thank you ($38,623.77) 
Total payments and adjustments ($38,623.77) 
Balance due $59,771.03 This is the background image for an Adobe Acrobat Capture page with image plus hidden text.  
CERTIFICATE OF SERVICE 
I declare under penalty of perjury that, on May 8, 2003 I served the foregoing Interior 
Defendants Motion In Limine to Exclude Testimony of Plaint@$ Witness Michael S. Smith by 
facsimile in accordance with their written request of October 3 1,2001 upon: 
Keith Harper, Esq. 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D.C. 20036-2976 
(202) 822-0068 
Mark Kester Brown, Esq. 
607 - 14th Street, NW 
Box 6 
Washington, DC 20005 
(202) 318-2372 
Per the Courts Order of April 17,2003, 
by facsimile and by U.S. Mail upon: 
Earl Old Person (Pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 59417 
(406) 338-7530 
By facsimile and U.S. Mail: 
Alan L. Balaran, Esq. 
Special Master 
1717 Pennsylvania Avenue, N.W. 
13th Floor 
Washington, D.C. 20006 
(202) 986-8477 
Dennis M Gingold, Esq. 
1275 Pennsylvania Avenue, .N.W. 
Ninth Floor 
Washington, D.C. 20004 
(202) 3 18-2372 
By U.S. Mail upon 
Elliott Levitas, Esq: 
1100 Peachtree Street, Suite 2800 
Atlanta, GA 30309-4530