Order granting 25 Motion for Extension of Time to file pretrial motions — USA v. Okojie (Dkt. 26, S.D. Ga.)

Record facts

U.S. District Court for the Southern District of Georgia · No. 4:22-cr-00084-LGW-BWC · Doc. 26 · 2022-08-16 · 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  
This matter is before the Court on the Defendant Bernard Okojie’s Unopposed Motion 
for Extension of Time to File Motions.  Doc. 25.  Counsel for Defendant requests additional time 
to review the discovery in this case and file pretrial motions.  Counsel for Defendant states the 
Government does not oppose this request.  After careful consideration and for good cause shown, 
the Court GRANTS Defendant’s Motion and enters the following amended Scheduling Order. 
Defendant shall file pretrial motions on or before September 17, 2022.  The Government 
shall file its response to any pending motion in this matter on or before October 1, 2022.  The 
Court finds, as a matter of fact and law, the extension is not for the purpose of delay but in the 
furtherance of justice and to protect Defendant’s right to a fair trial.  The Court also finds the 
extension 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 
file Defendant’s pretrial motions.  Therefore, pursuant to 18 U.S.C. § 3161(h)(7), and on the 
basis of the Court’s finding the ends of justice will be served by granting the continuance 
outweigh the best interests of the public and Defendant in a speedy trial, the Court grants this 
additional time for filing the Defendant’s pretrial motions.  The period of delay resulting from 
Case 4:22-cr-00084-LGW-BWC     Document 26     Filed 08/16/22     Page 1 of 5

 
this extension—August 16, 2022 through and including September 17, 2022—is excluded in 
computing the time within which the trial of this matter may commence.   
Joint Status Report.  The Court ORDERS the parties to file a joint status report on or 
before October 17, 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 Motions Hearing currently scheduled for September 22, 2022 at 
10:00 a.m., as it pertains to Defendant Bernard Okojie, is rescheduled for October 24, 2022 at 
10:00 a.m., Courtroom 2, Brunswick Federal Courthouse.  The Court will conduct a hearing on 
all pending motions listed in the joint status report.  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, 
including, but not limited to, exclusion of evidence, adverse jury instructions, dismissal of 
charges, contempt proceedings, or sanctions. 
 
 
 
Case 4:22-cr-00084-LGW-BWC     Document 26     Filed 08/16/22     Page 2 of 5

 
SO ORDERED, this 16th day of August, 2022. 
 
 
 
 
 
 
 
 
 
 
 
BENJAMIN W. CHEESBRO 
UNITED STATES MAGISTRATE JUDGE 
SOUTHERN DISTRICT OF GEORGIA 
Case 4:22-cr-00084-LGW-BWC     Document 26     Filed 08/16/22     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 26     Filed 08/16/22     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 26     Filed 08/16/22     Page 5 of 5

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