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CASE 0:22-cr-00124-NEB-TNL Doc. 275 Filed 06/27/23 Page 1 of 5
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
United States of America, Case No. 22-cr-124 (NEB/TNL)
Plaintiff,
THIRD AMENDED
v. ARRAIGNMENT NOTICE &
CASE MANAGEMENT ORDER
Abdiaziz Shafii Farah et al.,
Defendants.
Counsel for all parties are instructed to review this Order carefully and in its
entirety as it represents a significant deviation from the schedules that ordinarily
govern criminal cases in the District of Minnesota.
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This matter comes before the Court on the Government’s Motion for Extension of
Time to Respond to Defendants’ Pretrial Motions, ECF No. 273. This matter was
previously designated complex under 18 U.S.C. § 3161(h)(7)(B)(ii). See generally ECF
No. 125.
The Government seeks a 14-day extension of time to respond to pretrial motions
filed in this matter, up to and including July 10, 2023. The Government states that the
number of motions “combined with undersigned[ counsel]’s ongoing duties in a range of
other matters as well as the temporary absence of some members of the prosecution’s team
(including parental leave) . . . requires additional time to ensure that its response is helpful
to the Court.” ECF No. 273 at 2.
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In the prior Second Amended Arraignment Notice & Case Management Order, the
Court stated that “any response to . . . a [party’s] request [to modify the schedule] shall be
filed within three days.” ECF No. 264 at 7. The Government’s motion was filed on June
23, 2023. No responses have been filed. Further, the Government represents that it
“reached out to counsel for the defendants who filed pretrial motions to get their position”
on the requested extension and all of them “indicated that they have no objection to” the
Government’s request. 1
Bearing in mind the complexity of this case, the absence of any objection to the
requested continuance, and the exercise of due diligence, the Court finds pursuant to 18
U.S.C. § 3161(h) that the ends of justice served by granting a continuance outweigh the
best interests of the public and Defendants in a speedy trial and such continuance is
necessary to provide the Government and its counsel reasonable time necessary for
effective preparation and to make efficient use of the parties’ resources. Based on the
foregoing, IT IS HEREBY ORDERED that:
1. The Government’s Motion for Extension of Time to Respond to Defendants’
Pretrial Motions, ECF No. 273, is GRANTED.
2. The period of time from the date of this Order through July 10, 2023, shall
be excluded from Speedy Trial Act computations in this case. See United States v. Mallett,
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The Court previously noted that Defendants Abdiaziz Shafii Farah and Mohamed Jama Ismail have both
“assert[ed] their speedy trial rights to the fullest.” ECF No. 165 at 3 (quotation omitted); see ECF Nos. 155 at 2, 156
at 2. Again, no objections have been filed in response to the requested extension and Defendants Abdiaziz Shafii
Farah and Mohamed Jama Ismail are among the defendants who filed pretrial motions. The Court additionally notes
that Defendants Abdiaziz Shafii Farah and Mohamed Jama Ismail are no longer in custody. See generally ECF Nos.
202, 203, 204, 209, 208, 209, 210.
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751 F.3d 907, 911 (8th Cir. 2014) (“Exclusions of time attributable to one defendant apply
to all codefendants.” (quotation omitted)); United States v. Arrellano-Garcia, 471 F.3d
897, 900 (8th Cir. 2006) (same).
3. As to Defendants Mohamed Jama Ismail, Abdimajid Mohamed Nur, and
Hayat Mohamed Nur, an arraignment hearing will be held before the undersigned on
August 21, 2023, at 9:30 a.m., in Courtroom 9W, Diana E. Murphy United States
Courthouse, 300 South Fourth Street, MINNEAPOLIS, Minnesota. 2
4. All responses to motions must be filed by July 10, 2023. See D. Minn. LR
12.1(c)(2).
5. Any Notice of Intent to Call Witnesses must be filed by July 10, 2023. See
D. Minn. LR. 12.1(c)(3)(A).
6. Any Responsive Notice of Intent to Call Witnesses must be filed by July 17,
2023. See D. Minn. LR 12.1(c)(3)(B).
7. A motions hearing will be held pursuant to Federal Rules of Criminal
Procedure 12(c) where:
a. The Government makes timely disclosures and a defendant identifies
in the motions particularized matters for which an evidentiary hearing
is necessary; or
b. Oral argument is requested by either party in its motion, objection or
response pleadings.
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The Court notes that Defendants Abdimajid Mohamed Nur and Hayat Mohamed Nur have each filed letters
indicating that they will not be filing pretrial motions. See generally ECF Nos. 268, 269. Defendants Abdimajid
Mohamed Nur and Hayat Mohamed Nur are still expected to appear on August 21 for their arraignments.
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8. If required, the motions hearing must be heard before Magistrate Judge Tony
N. Leung on August 21, 2023, at 9:30 a.m., in Courtroom 9W, Diana E. Murphy United
States Courthouse, 300 South Fourth Street, MINNEAPOLIS, Minnesota. See D. Minn.
LR 12.1(d). The parties shall be prepared to continue the hearing into August 22,
2023, if necessary.
9. TRIAL:
a. IF NO PRETRIAL MOTIONS ARE FILED BY A
DEFENDANT, the following trial and trial-related dates are:
All voir dire questions, motions for counsel to participate in voir dire, and jury
instructions must be submitted to District Judge Nancy E. Brasel on or before October 10,
2023.
This case must commence trial on October 23, 2023, at 9:00 a.m., before District
Judge Nancy E. Brasel in Courtroom 13W, Diana E. Murphy United States Courthouse,
300 South Fourth Street, MINNEAPOLIS, Minnesota.
b. IF PRETRIAL MOTIONS ARE FILED, the trial date, and other
related dates, including but not limited to motions for counsel to participate in voir
dire, will be rescheduled following the ruling on pretrial motions. Counsel must
contact the Courtroom Deputy for District Judge Nancy E. Brasel to confirm the new
trial date.
10. Should a party request modification of this schedule, any response to
such a request shall be filed within three days.
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11. All prior consistent orders relating to the Superseding Indictment remain in
full force and effect.
12. Failure to comply with any provision of this Order or any other prior
consistent Order shall subject the non-complying party, non-complying counsel and/or the
party such counsel represents to any and all appropriate remedies, sanctions and the like.
Date: June 27 , 2023 s/ Tony N. Leung
Tony N. Leung
United States Magistrate Judge
District of Minnesota
United States v. Farah et al.
Case No. 22-cr-124 (NEB/TNL)
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