Home/Source documents/Order on Motion to Appoint Expert — United States v. Farah (Dkt. 172, D. Minn.)
Order on Motion to Appoint Expert — United States v. Farah (Dkt. 172, D. Minn.)
Full text
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.
1
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
2
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
3
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)
4