STATUS REPORT (Joint Interim Status Report and Request to Cancel Hearing) by USA as to… — USA v. Ebrahimzadeh (Dkt. 40)

Record facts

U.S. District Court for the District of Massachusetts · No. 1:25-cr-10455-RGS · Doc. 40 · 2026-03-13 · Docket on CourtListener

Summary

A Joint Interim Status Report and Request to Cancel Hearing, filed March 13, 2026 as Document 40 in United States v. David Ebrahimzadeh, No. 25-cr-10455-RGS, in the United States District Court for the District of Massachusetts. Filed under Local Rule 116.5(b), it asks the court to cancel the status conference set for March 19, 2026 and to exclude the time until a further interim conference. It states that the government made a first production of discovery on January 21, 2026, over 2.1 million bates labeled pages and files in a database plus over 14,000 outside it, and expects to finish by April 24, 2026. It reports that pretrial motions under Fed. R. Crim. P. 12(b) remain premature, that expert disclosures are due 21 days and 14 days before trial, and that all time has been excluded since the arraignment on December 12, 2025 under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A).

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UNITED STATES DISTRICT COURT 
DISTRICT OF MASSACHUSETTS 
_______________________________________ 
 
 
UNITED STATES OF AMERICA 
 
 
 
v. 
 
DAVID EBRAHIMZADEH 
 
 
Criminal No. 25-cr-10455-RGS 
 
JOINT INTERIM STATUS REPORT AND REQUEST TO CANCEL HEARING 
 
 
Pursuant to Local Rule 116.5(b), the parties hereby file the following status report prepared 
in connection with the status conference on this matter scheduled for March 19, 2026, request that 
the status conference be cancelled, and request that a further interim status conference be scheduled 
in approximately 45 days and that the time be excluded until that date. 
(1)        Automatic Discovery/Pending Discovery Requests 
 
Per the agreement of the parties and the alternative discovery schedule adopted by this 
Court (Dkt. No. 27), on January 21, 2026, the Government provided a first production of 
automatic discovery, consisting of the bulk of automatic discovery materials currently 
available, including over 2.1 million bates labeled pages and/or electronic files within an 
electronic database and over 14,000 bates labeled pages or files outside of the database.   
 
(2)        Additional Discovery 
 
The government is in the process of completing its review and preparation of materials 
for production, and, pursuant to the amended discovery plan (see Dkt. Nos. 35-36), 
anticipates making a supplemental production and completing automatic discovery on or 
before April 24, 2026.   
 
(3)        Timing of Additional Discovery Requests  
 
The defendant needs time to review the discovery that has already been produced as well 
as the additional discovery to be produced.  As such, he does not yet know whether or when 
he will make additional discovery requests and will assess this when automatic discovery 
is complete.  
 
 
Case 1:25-cr-10455-RGS     Document 40     Filed 03/13/26     Page 1 of 3

 
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(4)        Protective Orders 
 
The Court endorsed a discovery protective order, Dkt. No. 32.   
 
(5)        Pretrial Motions 
 
Due to the fact that review of the discovery has not yet begun, it is premature for the 
defendant to decide whether to file any motions under Fed. R. Crim. P. 12(b).  The 
defendant will provide an update in connection with the next status conference. 
 
(6)        Expert Discovery 
 
As the parties previously reported, the government will provide any expert witness 
disclosures 21 days prior to trial, and the defendant will provide any expert witness 
disclosure 14 days prior to trial. 
 
(7)        Defenses of Insanity, Public Authority, or Alibi 
 
The Defendant has not yet determined if he intends to raise the defenses of insanity, public 
authority, or alibi.   
 
(8)        Speedy Trial Act 
 
All of the time has been excluded from the date of defendant’s arraignment on December 
12, 2025, through the date of the interim status conference scheduled for March 19, 
2026.  See Dkt. Nos. 10, 23, 34. The parties request that the time be excluded until the next 
status conference. The parties agree that this period constitutes “the reasonable time 
necessary for effective preparation, taking into account the exercise of due diligence,” and 
that the ends of justice served by granting the requested continuance outweigh the best 
interests of the public and the defendant in a speedy trial pursuant to the Speedy Trial Act, 
18 U.S.C. § 3161(h)(7)(A).   
 
(9) 
Plea Discussions 
 
The parties have not yet engaged in any post-charging plea discussions.  The parties 
anticipate a trial would last approximately two weeks. 
 
 
 
Case 1:25-cr-10455-RGS     Document 40     Filed 03/13/26     Page 2 of 3

 
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(10)        Next Status Conference 
 
Given all of the foregoing information, the parties request that the interim status 
conference, scheduled for March 19, 2026, be canceled.  Given the voluminous discovery, 
and the fact that the government does not anticipate making the supplemental production 
until April 24, 2026, the parties request that the next status conference be scheduled in 
approximately 60 days, instead of the typical 30-45 days. 
 
Respectfully submitted, 
 
DAVID EBRAHIMZADEH 
By his attorney, 
 
 
 
 
/s/ Scott Seitz   
 
 
Robert Fisher 
Scott Seitz 
Nixon Peabody LLP 
53 State St. 
Boston, MA 02109 
sseitz@nixonpeabody.com 
617.345.1000 
UNITED STATES OF AMERICA 
By its attorney, 
 
LEAH B. FOLEY 
United States Attorney 
 
/s/ Elianna J. Nuzum  
 
 
Elianna J. Nuzum  
Assistant United States Attorney 
John Joseph Moakley U.S. Courthouse 
One Courthouse Way, Suite 9200 
Boston, MA 02210 
elianna.nuzum@usdoj.gov 
617.748.3100 
 
 
Dated: March 13, 2026 
 
 
CERTIFICATE OF SERVICE 
 
Undersigned counsel certifies that this document filed through the ECF system will be 
sent electronically to the registered participants as identified on the Notice of Electronic Filing 
(NEF) and paper copies will be sent to those indicated as non-registered participants.  
 
 
 
 
 
 
 
 
 
/s/ Elianna J. Nuzum  
 
 
 
 
 
 
 
 
 
Elianna J. Nuzum 
 
 
 
 
 
 
Assistant United States Attorney 
 
Dated: March 13, 2026 
Case 1:25-cr-10455-RGS     Document 40     Filed 03/13/26     Page 3 of 3

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