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Order on Motion to Appoint Expert — United States v. Farah (Dkt. 172, D. Minn.)

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            CASE 0:22-cr-00124-NEB-TNL Doc. 172 Filed 11/17/22 Page 1 of 4




                                UNITED STATES DISTRICT COURT
                                   DISTRICT OF MINNESOTA


 United States of America,                                         Case No. 22-cr-124 (NEB/TNL)

                   Plaintiff,
                                                                    ORDER APPOINTING
 v.                                                                JOHN C. ELLIS, JR. AS
                                                                 COORDINATING DISCOVERY
 Abdiaziz Shafii Farah et al.,                                         ATTORNEY

                   Defendants.


        This matter comes before the Court on Defendant Mukhtar Mohamed Shariff’s

Motion Seeking the Appointment of a Coordinating Discovery Attorney, ECF No. 167, on

behalf of himself and for the benefit of all defendants with court-appointed counsel in this

case. 1 Defendant Mukhtar Mohamed Shariff’s motion is GRANTED IN PART as to the

appointment of a Coordinating Discovery Attorney in this case as set forth herein and

OTHERWISE DENIED WITHOUT PREJUDICE.

        IT IS HEREBY ORDERED that John C. Ellis, Jr., is appointed as Coordinating

Discovery Attorney for court-appointed defense counsel in the matter of United States v.

Abdiaziz Shafii Farah et al., No. 22-cr-124 (NEB/TNL).

        The Coordinating Discovery Attorney shall oversee any discovery issues common to

all defendants with court-appointed counsel in this case. His responsibilities will include:


1
  To the extent Defendant Mukhtar Mohamed Shariff seeks relief for the benefit of defendants with court-appointed
counsel in the related cases of United States v. Liban Yasin Alishire et al., No. 22-cr-222 (NEB/TNL); United States v.
Aimee Marie Bock et al., No. 22-cr-223 (NEB/TNL); United States v. Qamar Ahmed Hassan et al., No. 22-cr-224
(NEB/TNL); United States v. Sharmake Jama et al., No. 22-cr-225 (NEB/TNL); and United States v. Haji Osman Salad
et al., No. 22-cr-226 (NEB/TNL), his motion is denied without prejudice. Any request for the appointment of a
Coordinating Discovery Attorney shall be made by motion in the applicable case by an attorney of record in that matter.
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         CASE 0:22-cr-00124-NEB-TNL Doc. 172 Filed 11/17/22 Page 2 of 4



       • Managing and, unless otherwise agreed upon with the Government, distributing
         discovery produced by the Government and relevant third-party information
         common to court-appointed defense counsel for these defendants;

       • Evaluating the volume and type of discovery to determine what technologies will
         ensure that duplicative costs are avoided and that the most efficient and cost-
         effective methods are identified;

       • Acting as a liaison with the United States Attorney’s Office to ensure the timely
         and effective exchange of discovery;

       • Identifying, evaluating, and engaging third-party vendors and other litigation
         support services;

       • Assessing the needs of court-appointed defense counsel and further identifying any
         additional vendor support that may be appropriate—including copying, scanning,
         forensic imaging, data processing, data hosting, trial presentation, and other
         technology depending on the nature of the case;

       • Identifying any additional human resources that may be needed by court-appointed
         defense counsel for the organization and substantive review of information; and

       • Providing training services to court-appointed defense counsel as a group and
         individually.

The Coordinating Discovery Attorney shall be bound by the Protective Order Governing

Discovery, ECF No. 166.

       The Coordinating Discovery Attorney’s duties do not include providing representation

services, and therefore he will not be establishing an attorney-client relationship with any of

the defendants in this case. Discovery intended for court-appointed counsel of a specific

defendant and not to be shared among all court-appointed defense counsel shall be produced

by the Government directly to court-appointed defense counsel for that defendant. For

discovery common to all defendants with court-appointed counsel in this case (“common

discovery”), discovery issues specific to any defendant shall be addressed by court-appointed

defense counsel directly with the Government and not through the Coordinating Discovery

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            CASE 0:22-cr-00124-NEB-TNL Doc. 172 Filed 11/17/22 Page 3 of 4



Attorney.

       For common discovery that has already been produced by the Government prior to the

entry of this Order, the Government shall provide a copy to the Coordinating Discovery

Attorney. Additional common discovery not already produced shall be provided directly to

the Coordinating Discovery Attorney, who shall duplicate and distribute the discovery to all

court-appointed defense counsel in this case, unless otherwise agreed to by the parties. When

the Government elects to produce discovery directly to court-appointed defense counsel, it

shall simultaneously provide a copy to the Coordinating Discovery Attorney.               The

Government shall work with the Coordinating Discovery Attorney to provide discovery in a

timely manner.

       The Court acknowledges that the Coordinating Discovery Attorney’s time and the time

spent by his staff will be paid by the Administrative Office of the U.S. Courts, Defender

Services Office. The Coordinating Discovery Attorney shall petition this Court, ex parte, for

funds for outside services. The Coordinating Discovery Attorney shall monitor all vendor

invoices to confirm the work that was performed. All petitions for outside services shall

include a basis for the requested funds and a determination that the costs of the services are

reasonable.

       The Coordinating Discovery Attorney shall also provide this Court with monthly ex

parte status reports depicting the status of work and whether that work remains within the

budget of any funds authorized by the Court, with a copy provided to court-appointed defense

counsel.

       All prior consistent orders relating to the Superseding Indictment remain in full force

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         CASE 0:22-cr-00124-NEB-TNL Doc. 172 Filed 11/17/22 Page 4 of 4



and effect. 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.



Dated: November      17     , 2022                       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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