Scheduling Order - Ends of Justice — USA v. Okojie (Dkt. 21, S.D. Ga.)

Record facts

U.S. District Court for the Southern District of Georgia · No. 4:22-cr-00084-LGW-BWC · Doc. 21 · 2022-07-20 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF GEORGIA 
SAVANNAH DIVISION 
 
 
UNITED STATES OF AMERICA 
 
 
 
v. 
 
CASE NO.: 4:22-cr-84 
 
 
BERNARD OKOJIE,  
 
 
 
Defendant. 
 
 
 
O R D E R  
In accordance with the Court’s instructions at the arraignment in this case on July 19, 
2022, and in response to Defendant’s request for time to prepare and file pretrial motions, the 
Court issues the following scheduling order.   
Pretrial Motions.  All pretrial motions shall be filed on or before August 18, 2022.  The 
opposing party shall file its response to pretrial motions on or before September 1, 2022.  The 
Court finds, as a matter of fact and law, the time Defendant requested to prepare and file pretrial 
motions is not for the purpose of delay, but in the furtherance of justice, and to protect the 
Defendant’s right to a fair trial.  The Court also finds the request is for the purpose of allowing 
reasonable time necessary, assuming the exercise of due diligence, for the effective preparation 
of defense counsel in that counsel needs additional time to prepare the appropriate defense 
motions in this case.  Therefore, pursuant to 18 U.S.C. § 3161(h)(7), and on the basis of the 
Court’s finding that the ends of justice served by granting the extension outweigh the best 
interests of the public and Defendant in a speedy trial, the Court grants the requested time for 
preparing and filing pretrial motions.  The period of time—July 19, 2022 through and including 
Case 4:22-cr-00084-LGW-BWC     Document 21     Filed 07/20/22     Page 1 of 5

 
August 18, 2022—is excluded in computing the time within which the trial of this matter may 
commence.   
Untimely motions will not be considered absent a showing of good cause for failure to 
file within the time set by the Court.  Parties must file separate motions for each form of relief 
sought; consolidated motions are not permitted.  However, where a party has filed multiple 
motions, the responding party may file a consolidated response to multiple motions where doing 
so would not create confusion or ambiguity.  
Joint Status Report.  The Court ORDERS the parties to file a joint status report on or 
before September 15, 2022.  For the convenience of the parties, the Court has attached to this 
Order two sample formats for the joint status report.  In the joint status report, the parties must 
either state that all pretrial motions have been resolved or identify the motions that require a 
Court ruling.  All motions requiring a ruling by the Court must be identified by title and docket 
number.  For any such motions, the parties must state (a) whether the motion is opposed; (b) 
whether any party requests oral argument on the motion; and (c) whether any party requests an 
evidentiary hearing on the motion.   
Motions Hearing.  The Court will conduct a hearing on all pending motions listed in the 
joint status report on Thursday, September 22, 2022, at 10:00 a.m., in Courtroom 2, Federal 
Courthouse, 801 Gloucester Street, Brunswick, Georgia.  Unless ordered otherwise, Defendant, 
his counsel, and counsel for the Government shall attend the hearing.   
Additionally, in accordance with Federal Rule of Criminal Procedure 5(f)(1), the Court 
confirms the prosecutor’s disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963) 
and its progeny.  Failure to timely perform these obligations may result in various consequences, 
Case 4:22-cr-00084-LGW-BWC     Document 21     Filed 07/20/22     Page 2 of 5

 
including, but not limited to, exclusion of evidence, adverse jury instructions, dismissal of 
charges, contempt proceedings, or sanctions. 
SO ORDERED, this 20th day of July, 2022. 
 
 
 
 
 
 
 
 
 
 
 
 
BENJAMIN W. CHEESBRO 
UNITED STATES MAGISTRATE JUDGE 
SOUTHERN DISTRICT OF GEORGIA 
 
 
Case 4:22-cr-00084-LGW-BWC     Document 21     Filed 07/20/22     Page 3 of 5

 
IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF GEORGIA 
SAVANNAH DIVISION 
 
 
UNITED STATES OF AMERICA 
 
 
 
v. 
 
CASE NO.: #:##-CR-## 
 
 
DEFENDANT A 
 
 
 
Defendant. 
 
 
 
JOINT STATUS REPORT 
 
The United States of America, through the undersigned Assistant United States Attorney, 
and Defendant, through his attorney, state that all pretrial motions have been satisfied or otherwise 
resolved. 
This ___ day of ____________________, 2022. 
 
/s/ 
Assistant United States Attorney 
/s/ 
Defense Counsel 
 
 
 
 
 
 
                                                                 EXHIBIT A 
Case 4:22-cr-00084-LGW-BWC     Document 21     Filed 07/20/22     Page 4 of 5

 
IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF GEORGIA 
SAVANNAH DIVISION 
 
 
UNITED STATES OF AMERICA 
 
 
 
v. 
 
CASE NO.: #:##-CR-## 
 
 
DEFENDANT A, 
 
 
 
Defendant. 
 
 
 
JOINT STATUS REPORT 
 
The United States of America, through the undersigned Assistant United States Attorney, 
and Defendant, through his attorney, state that they have not been able to resolve the following 
pretrial motions(s) and will require a ruling from the Court to settle the actual controversy or 
dispute: 
Motion Title 
Opposed Oral Argument 
Requested 
Evidentiary 
Hearing Requested 
Def.’s Mot. to Suppress, Doc. 137 
Y 
Y 
Y 
Def.’s Mot. for Brady Materials, Doc. 136 
N 
Y 
N 
Gov’t.’s Mot. for Discovery, Doc. 141 
N 
N 
N 
 
This _____ day of ________________________, 2022. 
/s/ 
Assistant United States Attorney 
/s/ 
Defense Counsel 
 
                                                               EXHIBIT B 
Case 4:22-cr-00084-LGW-BWC     Document 21     Filed 07/20/22     Page 5 of 5

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