Case: USA v. Moalin

U.S. Court of Appeals for the Ninth Circuit

United States of America v. Moalin, Mohamed, and Doreh

United States of America v. Moalin

U.S. Court of Appeals for the Ninth Circuit

INDICTMENT as to Basaaly Saeed Moalin (1) count(s) 1, 2, 3, 4, 5, Mohamed Mohamed Mohamud (2) count(s) 1, 2, 3, 4, Issa Doreh (3) count(s) 1, 2, 3, 4. (kaj) . Modified on 11/2/2010 to unseal Indictment (kaj). (Entered: 10/25/2010)

ARREST WARRANT ISSUED by Magistrate Judge William McCurine, Jr in case as to Mohamed Mohamed Mohamud. (kaj) (kaj). (Entered: 10/26/2010)

Arrest of Mohamed Mohamed Mohamud, Issa Doreh. (mkz)

NOTICE OF ATTORNEY APPEARANCE William P Cole appearing for USA. (Cole, William) (tkl). (Entered: 11/03/2010)

Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Initial Appearance and Arraignment on Indictment as to Mohamed Mohamed Mohamud (2) Count 1,2,3,4 and Issa Doreh (3) Count 1,2,3,4 held on 11/3/2010. Not Guilty plea entered as to Mohamed Mohamed Mohamud, Issa Doreh. Attorney Mahir Sherif specially appearing for Mohamed Mohamed Mohamud. Attorney Kenneth J Troiano(n/a) provisionally appointed for Issa Doreh. Financial affidavit due as to Issa Doreh. Goverment oral motion to detain(flight risk). Court moves sua sponte to detain defendants based on danger to the community. Detention Hearing set for 11/5/2010 09:00 AM in Courtroom F before Magistrate Judge William V. Gallo. Motion Hearing/Trial Setting set for 12/3/2010 11:00 AM in Courtroom 16 before Judge Jeffrey T. Miller. (CD# 11/3/2010 WVG:10:33-10:45). (Plaintiff Attorney Caroline Han and William Cole, AUSA). (Defendant Attorney Victor Pippins, FD-S/A). (mkz) (Entered: 11/03/2010)

Oral MOTION to Detain(risk of flight) by USA as to Mohamed Mohamed Mohamud, Issa Doreh. (mkz) (Entered: 11/03/2010)

NOTICE OF ATTORNEY APPEARANCE Caroline Pineda Han appearing for USA. (Han, Caroline) (tkl). (Entered: 11/04/2010)

NOTICE of Intent to Use Foreign Intelligence Surveillance Act Information by USA (Attachments: # 1 Proof of Service)(Cole, William) (tkl). (Entered: 11/04/2010)

Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Detention Hearing Continued as to Mohamed Mohamed Mohamud, Issa Doreh. Defense oral motion to continue hearing granted. Detention Hearing continued to 11/9/2010 03:00 PM before Magistrate Judge William V. Gallo. Attorney Mahir Tewfik Sherif's request to be provisionally appointed for Mohamed Mohamed Mohamud - granted. Court orders financial affidavit to be filed on 11/9/2010. (CD# 11/5/2010 WVG10-9:01-9:11). (Plaintiff Attorney William Cole AUSA and Caroline Han AUSA). (Defendant Attorney Mahir Sherif for #2 and Kenneth Troiano CJA for #3). (jmy) (Entered: 11/05/2010)

Minute Entry for proceedings held before Magistrate Judge William V. Gallo:Detention Hearing as to Mohamed Mohamed Mohamud held on 11/9/2010. Defense counsel's request to be continued as provisional counsel for one more week - granted. USA oral motion for detention; motion found as moot as to Mohamed Mohamed Mohamud. Defendant stiuplates to detention pending trial without prejudice. Order of detention filed. (CD# 11/9/2010 WVG10-14:57-16:13). (Plaintiff Attorney William Cole AUSA and Caroline Han AUSA). (Defendant Attorney Mahir Sherif CJA). (jmy) Modified text to include provisional status of Mr. Sherif on 2/8/2011 (jmy). (Entered: 11/10/2010)

FINDINGS OF FACT AND ORDER RE WAIVER OF DETENTION PENDING TRIAL as to Mohamed Mohamed Mohamud. Signed by Magistrate Judge William V. Gallo on 11/9/2010. (tkl) (Entered: 11/10/2010)

Arrest Warrant Returned Executed in case as to Mohamed Mohamed Mohamud. (jcj) (Entered: 11/16/2010)

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Motion Hearing/Trial Setting as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh held on 12/3/2010. Govt oral motion to declare case complex, continued to 1/21/2011. Parties in agreement to declaring case complex are ordered to submit stipulation by 1/7/2011. Oppositions to be filed by 1/7/2011. Motion Hearing set for 1/21/2011 01:30 PM in Courtroom 16 before Judge Jeffrey T. Miller. Motions are continued. Time is excluded under the speedy trial act. (Court Reporter Debra Henson).(Plaintiff Attorney William Cole, AUSA; Caroline Han, AUSA). (Defendant Attorney (1) Marc Geller, CJA; (2) Mahir Sherif, CJA; (3) Kenneth Troiano, CJA). (gac) (Entered: 12/06/2010)

SUPPLEMENTAL MEMORANDUM Re: Related Case by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh (Attachments: # 1 Proof of Service)(Cole, William) (tkl). (Entered: 12/06/2010)

NOTICE OF HEARING as to Defendants Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh. On the courts own motion Motion Hearing set for 1/21/2011 1:30 PM is vacated and reset to 1/20/2011 10:30 AM in Courtroom 16 before Judge Jeffrey T. Miller. (gac) (Entered: 12/16/2010)

MOTION for Protective Order (Certificate of service included.) by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh. (Attachments: # 1 Memo of Points and Authorities)(Han, Caroline) (knh). (Entered: 12/17/2010)

SUPPLEMENTAL MEMORANDUM in Support of Government's Motion for Protective Order (Certificate of service included.) by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh (Han, Caroline) (knh). (Entered: 12/20/2010)

Joint MOTION to Exclude Time Under the Speedy Trial Act by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Cole, William) (tkl). Modified on 1/22/2013 to term motion per Entry #77 (nsp). (Entered: 12/28/2010)

ORDER granting 31 Motion for Protective Order as to Basaaly Saeed Moalin (1), Mohamed Mohamed Mohamud (2), Issa Doreh (3). Signed by Judge Jeffrey T. Miller on 1/3/11.(lmt) (mam). (Entered: 01/03/2011)

FIRST SUPERSEDING INDICTMENT as to Basaaly Saeed Moalin (1) count(s) 1s, 2s, 3s, 4s, 5s, Mohamed Mohamed Mohamud (2) count(s) 1s, 2s, 3s, 4s, Issa Doreh (3) count(s) 1s, 2s, 3s, 4s, Ahmed Nasir Taalil Mohamud (4) count(s) 1, 2, 3, 4. (tkl)(mam). (Entered: 01/18/2011)

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Arraignment as to Basaaly Saeed Moalin (1) Count 1s,2s,3s,4s,5s and Mohamed Mohamed Mohamud (2) Count 1s, 2s, 3s, 4s and Issa Doreh (3) Count 1s, 2s, 3s, 4s and Ahmed Nasir Taalil Mohamud (4) Count 1s, 2s, 3s, 4s held on 1/20/2011. Not Guilty plea entered. Motion Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 1/20/2011. Status Hearing set for 4/7/2011 09:00 AM in Courtroom 16 before Judge Jeffrey T. Miller. Pending motion are continued 4/7/2011. Time is excludable under the speedy trial act. (Court Reporter Debra Henson).(Attorney Carolin Han, AUSA; William P Cole, AUSA). (Defendant Attorney (1) Marc Geller, CJA; (2) Mahir Tewfik Sherif, Retnd; (3) Kenneth Troiano, CJA; (4) Holly Hanover, CJA). (gac) (Entered: 01/20/2011)

ORDER clarifying retained status of counsel as to Mohamed Mohamed Mohamud. Signed by Judge Jeffrey T. Miller on 2/10/2011. (tkl) (Entered: 02/10/2011)

NOTICE OF HEARING as to Defendant Mohamed Mohamed Mohamud. Status Hearing re Counsel set for 2/22/2011 02:00 PM before Magistrate Judge William V. Gallo. (jmy) (Entered: 02/16/2011)

Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Hearing re counsel's appointment status as to Mohamed Mohamed Mohamud held on 2/22/2011. Counsel files a financial affidavit. Upon review, the court determines Defendant is eligible for appointed counsel. Court confirms the appointment of Attorney Mahir Sherif as counsel in this case as of the date of the initial appearance of the defendant. (CD# 2/22/2011 WVG11-14:35-14:40). (Plaintiff Attorney Caroline Han AUSA and Willaim Cole AUSA). (Defendant Attorney Mahir Sherif CJA). (jmy) (Entered: 02/23/2011)

Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Discovery Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Ahmed Nasir Taalil Mohamud held on 2/22/2011. Defendants Basaaly Moalin and Ahmed Nasir Mohamud not appearing - appearances waived for this hearing. Defense counsel raises logistical discovery issues to the court. Court gives all counsel two weeks to work on the discovery issue. If the parties cannot come to an agreement over the issues, counsel shall file a joint statement by 3/8/2011 alerting the court to the remaining issue(s). Status Hearing set for 3/10/2011 2:30pm before Magistrate Judge William V. Gallo. (CD# 2/22/2011 WVG14:40-15:05). (Plaintiff Attorney Caroline Han AUSA and William Cole AUSA). (Defendant Attorney Marc Geller CJA for #1, Mahir Sherif CJA for #2 and Holly Hanover CJA for #4). (jmy) (Entered: 02/23/2011)

CJA 23 Financial Affidavit by Mohamed Mohamed Mohamud (tkl) (Entered: 02/23/2011)

Joint MOTION to Amend/Correct Protective Order by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Cole, William) (tkl). (Entered: 02/24/2011)

AMENDED PROTECTIVE ORDER 55 as to Basaaly Saeed Moalin, et al. Signed by Judge Jeffrey T. Miller on 2/25/2011.(tkl) (Entered: 02/25/2011)

STATUS REPORT on Defendants' Direct Access to Sensitive Discovery Materials (Certificate of service included.) by USA, Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud (Han, Caroline) (tkl). (Entered: 03/08/2011)

Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Hearing re Discovery Issue as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 3/10/2011. The defendants housed at GEO are to use the attorney room from 9:30p until 11:30p to review discovery on a laptop and/or in hard copy format. Court orders defense counsel to research procedure of how to purchase a laptop for the defendants to use at GEO during the specified hours. Warden informs the court that the laptop and discovery will be kept in a secure location at GEO. (CD# 3/10/2011 WVG11-14:53-15:18). (Interpreter Ahmedei Farah).(Plaintiff Attorney William Cole AUSA and Caroline Han AUSA). (Defendant Attorney Marc Geller CJA for #1, Mahir Sherif CJA for #2, Kenneth Troiano CJA for #3 and S/A for #4). (jmy) (Entered: 03/10/2011)

MOTION to Substitute Attorney Joshua L. Dratel by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Attachments: # 1 Declaration)(Dratel, Joshua). Modified on 3/29/2011 (tkl). Emailed atty. Missing proof of service. (Entered: 03/28/2011)

Certificate of Service by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 64 MOTION to Substitute Attorney Joshua L. Dratel (Dratel, Joshua) (tkl). (Entered: 03/30/2011)

MOTION to Substitute Attorney Linda Moreno by Mohamed Mohamed Mohamud. (Attachments: # 1 Declaration Linda Moreno)(Moreno, Linda) (tkl). (Entered: 03/30/2011)

ORDER granting 68 Substitution of Counsel. Attorney Linda Moreno added for Defendant Mohamed Mohamed Mohamud (2). Attorney Mahir Tewfik Sherif terminated in case as to Mohamed Mohamed Mohamud (2). Signed by Judge Jeffrey T. Miller on 4/7/11.(lao) (jrl). (Entered: 04/07/2011)

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Status Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 4/7/2011. As to Basaaly Saeed Moalin, Attorney Alice Fontier, confirmed as retained counsel, Holly Sullivan, RET, as local counsel, Marc Geller, CJA, relieved.As to Mohamed Mohamed Mohamud, Attorney Linda Moreno confirmed as retained counsel, Mahir Tewfik Sherif, CJA, relieved. As to Issa Doreh Attorney Ahmed Ghappour, confirmed as retained counsel, Kenneth Troiano, CJA, relieved,. Status Hearing continued to 6/16/2011 09:00 AM in Courtroom 16 before Judge Jeffrey T. Miller. (Court Reporter Debra Henson).(Plaintiff Attorney Caroline Pineda Han, AUSA; William Cole, AUSA). (Defendant Attorney 1) Alice Fontier, RET; Marc Geller, CJA; Holly Sullivan, RET. 2) Linda Moreno, RET; Mahir Tewfik Sherif, CJA. 3) Ahmed Ghappour, RET; Kenneth Troiano, CJA. 4) Holly Hanover, CJA). (gac) Modified on 2/24/2014 (gac). (Entered: 04/08/2011)

Joint MOTION to Exclude Time Under the Speedy Trial Act by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Cole, William) (jpp). (Entered: 04/27/2011)

ORDER granting 75 Joint Motion to Exclude time as to all Defendants. The period from 04/07/11 to 06/16/11, is excluded under 18 USC 3161(h)(7)(A) and (B)(ii).Signed by Judge Jeffrey T. Miller on 04/28/11.(jpp) (jrl). (Entered: 04/28/2011)

ORDER declaring case complex under 18 USC 3161(h) under the Speedy Trial Act. Signed by Judge Jeffrey T. Miller on 04/28/11. (jpp) (jrl). (Entered: 04/28/2011)

NOTICE OF HEARING as to Defendants Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. On the courts own motion Status Hearing set for 6/16/2011 9:00 AM is vacated and reset to 10:00 AM 6/16/2011 in Courtroom 16 before Judge Jeffrey T. Miller. (gac) (Entered: 06/07/2011)

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Status Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 6/16/2011. Status Hearing set for 8/8/2011 10:00 AM in Courtroom 16 before Judge Jeffrey T. Miller. (Court Reporter Debra Henson).(Plaintiff Attorney Caroline Pineda Han, AUSA; William Cole, AUSA). (Defendant Attorney (1) Joshua Dratel, RET; Holly Sullivan, RET; (2) Linda Moreno, RET; (3) Ahmed Ghappour, RET; (4) Thomas Anthony Durkin). (gac) (Entered: 06/16/2011)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Status Hearing) as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 6/16/2011, before Judge Jeffrey T. Miller. Court Reporter/Transcriber: Debra M. Henson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 7/15/2011. Redacted Transcript Deadline set for 7/25/2011. Release of Transcript Restriction set for 9/22/2011. (akr) (Entered: 06/24/2011)

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Status Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 8/8/2011. Mohamed Mohamed Mohamud (2), Issa Doreh (3), waive services of Somali Interpreter. Ahmed Nasir Taalil Mohamud (4), will continue to need the services of Somali Interpreter. Request to continue - granted. Status Hearing set for 9/23/2011 10:00 AM in Courtroom 16 before Judge Jeffrey T. Miller. (Court Reporter Debra Henson).(Attorney Caroline Pideda Han, AUSA; William P Cole, AUSA). (Defendant Attorney (1) Joshua L Dratel, RET; Alice Fontier, RET; Holly A Sullivan, RET; (2) s/a Thomas Durkin; (3) Ahmed Ghappour, RET; (4) Thomas Durkin, RET). (gac) (Entered: 08/09/2011)

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Status Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 9/23/2011. Court instructs parties to meet in confer re scheduling order. Presence of dfts is waived during scheduling proceedings. Motions to be filed and served by 12/9/2011. Responses due by 1/13/2012. Replies due by 1/20/2012. Motion Hearing set for 2/9/2012 09:00 AM in Courtroom 16 before Judge Jeffrey T. Miller. Motion In Limine Hearing set for 4/5/2012 09:00 AM before Judge Jeffrey T. Miller. In Limine Motions to be filed and served no later than 3/8/2012. Oppositions to be filed and served by 3/22/2012. Jury Trial set for 5/7/2012 9:00 AM before Judge Jeffrey T. Miller. (Court Reporter Debra Henson).(Plaintiff Attorney Caroline Han; William Cole, AUSA). (Defendant Attorney (1) Joshua Dratel, RET; Alice Fontier, RET (2) Linda Moreno; (3) Ahmed Ghappour, RET; (4) Thomas Durkin, RET). (gac) Modified on 9/23/2011 to correct jury trial date(gac). (Entered: 09/23/2011)

SCHEDULING ORDER as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. Court denies the request to place the ex parte the Application under seal. Defendants are ordered to immediately serve the Application on the USA. USA shall file a response to the Application by 11/4/2011. Defendants may file a reply to Govt's response by 11/11/2011. Matter is calendared for oral argument on 11/18/2011 11:30 AM before Judge Jeffrey T. Miller. Signed by Judge Jeffrey T. Miller on 10/12/2011. (jah) (jrl). (Entered: 10/13/2011)

Joint MOTION to Allow Co-defendant meeting by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Dratel, Joshua). (jah). (Entered: 10/17/2011)

RESPONSE to Motion by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 86 Joint MOTION to Allow Co-Defendant Meeting (Han, Caroline). Modified on 10/18/2011 - Edited text (jah). (Entered: 10/17/2011)

MOTION to Suppress Wiretap Evidence, MOTION to Suppress Evidence, MOTION to Suppress Statements, MOTION for Release of Brady Materials, MOTION to Join Co-Defendant's, MOTION for Leave to File Further Motions by Basaaly Saeed Moalin. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Joshua L. Dratel, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Proof of Service)(Dratel, Joshua). Modified on 12/12/2011 - Applied to all Dfts in error. Has s/ of different atty. Email sent to Atty. Removed non-applicable dfts and corrected text (jah). (Entered: 12/09/2011)

1 Memo of Points and Authorities

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2 Declaration of Joshua L. Dratel

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Proof of Service

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MOTION to Continue Time to File Pretrial Motions by Mohamed Mohamed Mohamud. (Moreno, Linda). Modified on 12/12/2011 - Applied to all Dfts in error. Email sent to Atty. Removed non-applicable dfts and corrected text (jah). Modified on 1/22/2013 documents filed 12/13 and 12/15/2011 (nsp). (Entered: 12/11/2011)

WITHDRAWN BY FILER ON 12/15/2011 PER NOTICE OF WITHDRAWAL OF DOCUMENT 107 - NOTICE of Motions Compel Production of Exculpatory Material, Motion to Strike Prejudicial Surplusage, Grant Leave to Join Co Defendant's Motions and Grant Leave to File Further Motions by Mohamed Mohamed Mohamud (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Moreno, Linda). Modified on 12/14/2011 - Wrong event, needed to be filed as Motions. Email sent to Atty to withdraw this entry and refile pdf as Motions (jah). Modified on 12/16/2011 - Edited to reflect as withdrawn (jah). (Entered: 12/13/2011)

MOTION to Compel Production of Brady Material, MOTION to Strike Surplusage, MOTION to Join Co-Defendant Motions, MOTION for Leave to File Further Motions by Mohamed Mohamed Mohamud. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Moreno, Linda). Modified on 12/16/2011 - Edited text (jah). (Entered: 12/15/2011)

NOTICE OF WITHDRAWAL OF DOCUMENT re 105 Notice by Mohamed Mohamed Mohamud. (Attachments: # 1 Proof of Service)(Moreno, Linda). Modified on 12/16/2011 - Wrong event, not a Motion. Email sent to Atty. Termed motion and judge association. Added document link (jah). (Entered: 12/15/2011)

WITHDRAWN BY FILER ON 1/13/2012 PER NOTICE OF WITHDRAWAL OF DOCUMENT 112 - RESPONSE in Opposition by USA as to Mohamed Mohamed Mohamud re 106 MOTION to Compel Production of Brady Materials, MOTION to Strike Surplusage, MOTION to Join Co-Defendant Motions, MOTION for Leave to File Further Motions (Attachments: # 1 Proof of Service)(Han, Caroline). Modified on 1/17/2012 - Wrong filer selected. Email sent to Atty. Corrected filer and text (jah). Modified on 1/17/2012 - Edited to reflect as withdrawn (jah). (Entered: 01/13/2012)

NOTICE OF WITHDRAWAL OF DOCUMENT by USA re 109 Response in Opposition, (Han, Caroline). Modified on 1/17/2012 - Wrong event. Email sent to Atty. Edited text (jah). (Entered: 01/13/2012)

RESPONSE in Opposition by USA as to Mohamed Mohamed Mohamud re 106 MOTION to Compel Production of Brady Materials, MOTION to Strike Surplusage,to Join Co-Defendant Motions, MOTION for Leave to File Further Motions (Attachments: # 1 Proof of Service)(Han, Caroline). (jah). (Entered: 01/13/2012)

MOTION for a Pretrial Conference Pursuant to 18 U.S.C. App. III (CIPA) Section 2 by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Attachments: # 1 Proof of Service)(Cole, William). Modified on 1/17/2012 - Edited text (jah). Modified on 1/23/2013 to term motion per 183 (nsp). (Entered: 01/13/2012)

REPLY TO RESPONSE to Motion by Basaaly Saeed Moalin re 92 MOTION to Suppress Wiretap Evidence, MOTION to Suppress Evidence, MOTION to Suppress Statements, MOTION for Release of Brady Materials, MOTION to Join Co-Defendant's Motions, MOTION for Leave to File Further Motions (Attachments: # 1 Proof of Service)(Dratel, Joshua). Modified on 1/23/2012 - Applied to all dfts. Email sent to Atty. Removed non-applicable dfts and edited text (jah). (Entered: 01/20/2012)

REPLY TO RESPONSE to Motion by Mohamed Mohamed Mohamud re 106 MOTION to Compel Production of Brady Materials, MOTION to Strike Surplusage, MOTION to Join Co-Defendant Motions, MOTION for Leave to File Further Motions (Attachments: # 1 Proof of Service)(Moreno, Linda). Modified on 1/23/2012 - Incorrectly applied to all defendants. Email sent to Atty. Corrected text to remove non-applicable defendants (jah). (Entered: 01/20/2012)

NOTICE of Intent to Use Foreign Intelligence Surveillance Act Information (Supplemental) by USA (Attachments: # 1 Proof of Service)(Han, Caroline) (lmt). (Entered: 01/30/2012)

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Motion Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 2/9/2012.Submitting 92 Motion to Suppress Evidence as to Basaaly Saeed Moalin (1); submitting 92 Motion to Suppress Statements as to Basaaly Saeed Moalin (1); submitting 106 Motion to Strike Surplusage as to Mohamed Mohamed Mohamud (2); granting 106 Motion for Leave to File Further Motions as to Mohamed Mohamed Mohamud (2); granting 104 Motion for Leave to File Further Motions as to Issa Doreh (3); submitting 93 Motion for Early Return of Trial Subpoenas as to Ahmed Nasir Taalil Mohamud (4); submitting 94 Motion to Preserve Evidence as to Ahmed Nasir Taalil Mohamud (4); submitting 96 Motion for Disclosure as to Ahmed Nasir Taalil Mohamud (4); submitting 97 Motion Pretrial Hearing Concerning Co-Conspirators Statements as to Ahmed Nasir Taalil Mohamud (4); submitting 98 Motion to Sever Defendants as to Ahmed Nasir Taalil Mohamud (4); granting 101 Motion for Leave to File Further Motions as to Ahmed Nasir Taalil Mohamud (4); Written order will follow submitted motion. Defendants request to continue Trial Date - granted. Jury Trial set for 5/7/2012 9:00 AM is vacated and continued to 10/15/2012 9:00 AM in Courtroom 16 before Judge Jeffery T. Miller. Motion In Limine Hearing set for 4/5/2012 9:00 AM is vacated, to be reset at a later date. Status Hearing set for 4/5/2012 09:00 AM in Courtroom 16 before Judge Jeffrey T. Miller.Pending Motions are continued to 4/5/2012. Time is excluded under the speedy trial act. (Court Reporter Debra Henson).(Attorney William Cole, AUSA; Caroline Pindeda Han, AUSA). (Defendant Attorney (1) Joshua L. Dratel, RET; Alice L. Fontier, RET; Holly A. Sulliven, RET; (2) Linda Moreno, RET; (3) Ahmed Ghappour, RET; (4) Thomas Anthony Durkin, RET). (gac) (Entered: 02/09/2012)

MOTION for Extension of Time to File Motion Pursuant to 18 U.S.C. App. III (CIPA) Sec. 4 by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Cole, William). (jah). (Entered: 02/17/2012)

MOTION for Leave to File Excess Pages by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Attachments: # 1 Certificate of Service)(Han, Caroline). (jah). (Entered: 02/17/2012)

RESPONSE in Opposition by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 92 MOTION to Suppress Wiretap Evidence, MOTION to Suppress Evidence MOTION to Suppress Statements, MOTION for Release of Brady MaterialsMOTION to Join Co-Defendant's Motions, MOTION for Leave to File Further Motions (Attachments: # 1 Attachment A, # 2 Certificate of Service)(Han, Caroline). (jah). (Entered: 02/17/2012)

ORDER granting USA's 121 Motion for Extension of Time to File a Motion Pursuant to CIPA Section 4 as to Basaaly Saeed Moalin (1), Mohamed Mohamed Mohamud (2), Issa Doreh (3), Ahmed Nasir Taalil Mohamud (4). USA shall file its initial motion puruant to CIPA Section 4 by 2/29/2012. Signed by Judge Jeffrey T. Miller on 2/21/2012. (jah) (Entered: 02/21/2012)

ORDER granting USA's 122 Motion for Leave to File Response in Excess of 25 Pages as to Basaaly Saeed Moalin (1), Mohamed Mohamed Mohamud (2), Issa Doreh (3), Ahmed Nasir Taalil Mohamud (4). USA permitted to file Response in Opposition to Dft Moalin's Motion to Suppress Evidence Obtained Pursuant to the FISA Wiretap 92 in excess of 25 pages, pursuant to Crim. L.R. 47.1(e). Signed by Judge Jeffrey T. Miller on 2/21/2012. (jah) (Entered: 02/21/2012)

NOTICE; SCHEDULING ORDER as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. In order to develop the factual records necessary to determine Dfts' motions to suppress FISA wiretap evidence, parties are advised that court will conduct an in camera review of pertinent classified materials during the week of 3/19/3012. In order to assist court in analyzing the FISA related materials, Dfts may file confidential supplemental briefs identifying potential defenses, strategies, and theories of relevancy. Dfts shall file the supplemental briefing under seal, without service on the Govt by 3/9/2012. Signed by Judge Jeffrey T. Miller on 2/23/2012. (jah) (jrl). (Entered: 02/23/2012)

NOTICE OF FILING CLASSIFIED VERSION as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. Court provides to all parties that on 2/17/2012, Govt filed its unredacted version of its Response in Opposition 123 with the Narional Security Officer assigned in this case. Clerk is instructed to docket this Notice indicating the filing of the classified version of the Response in Opposition with the National Security Officer as of 2/17/2012, Nunc Pro Pro. Signed by Judge Jeffrey T. Miller on 2/23/2012. (jah) (Entered: 02/23/2012)

ORDER granting USA's 129 Ex Parte Motion for Second Extension of Time to File Motion Pursuant to 18 U.S.C. App III (CIPA) Sec. 4 as to Basaaly Moalin (1), Mohamed Mohamed Mohamud (2), Issa Doreh (3), Ahmed Nasir Taalil Mohamud (4). The application is deemed filed with the designated national security officer as of 2/28/2012. USA shall file its initial motion pursuant to CIPA Section 4 by 3/2/2012. Signed by Judge Jeffrey T. Miller on 3/1/2012. (jah). Modified on 3/1/2012 - Corrected text to added Dft 1. Regenerated NEF (jah). (jrl). (Entered: 03/01/2012)

Joint MOTION Deny Government's Request to File Ex Parte and Compel Disclosure of CIPA Sect 4 Application by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Dratel, Joshua)(yeb). Modified on 1/23/2013 to term motion per 183 (nsp). (Entered: 03/09/2012)

SCHEDULING ORDER as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 132 Joint MOTION Deny Government's Request to File Ex Parte and Compel Disclosure of CIPA Sect 4 Application. Govt to file response by 3/23/2012. Defendants may jointly file a reply by 3/30/2012. Pursuant to Local Rule 7.1(d)(1), matter will be taken under submission w/o oral argument, and Court will issue its order in due course. Signed by Judge Jeffrey T. Miller on 3/15/2012. (jah) (Entered: 03/15/2012)

RESPONSE in Opposition by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 132 Joint MOTION Deny Government's Request to File Ex Parte and Compel Disclosure of CIPA Sect 4 Application (Attachments: # 1 Proof of Service)(Cole, William). (jah). (Entered: 03/23/2012)

ORDER re: April 5, 2012 Status Conference. Signed by Judge Jeffrey T. Miller on 3/27/2012. (knb) (Entered: 03/27/2012)

PRETRIAL MEMORANDUM Proposed Agenda for Status Conference by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud (Dratel, Joshua) (knb). (Entered: 03/30/2012)

REPLY TO RESPONSE to Motion by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 132 Joint MOTION Deny Government's Request to File Ex Parte and Compel Disclosure of CIPA Sect 4 Application (Dratel, Joshua) (knb). (Entered: 03/30/2012)

STATUS REPORT Government's Statement of Issues for April 5, 2012 Status Conference by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud (Attachments: # 1 Proof of Service)(Han, Caroline) (knb). (Entered: 04/02/2012)

Minute Entry for proceedings held before Judge Jeffrey T. Miller: Status Hearing as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 4/5/2012. Scheduling order forthcoming setting future hearing dates. Pending motions are continued. Time is excluded under speedy trial act. (Court Reporter Debra Henson).(Attorney Caroline Pineda Han, AUSA; William P. Cole, AUSA). (Defendant Attorney (1)Joshua L Dratel, RET; Alice L. Fontier, RET; Holly A. Sullivan, RET; (2) Linda Moreno, RET; (3) Ahmed Ghappour, RET). (gac) (Entered: 04/05/2012)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Status Hearing) as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 4/5/2012, before Judge Jeffrey T. Miller. Court Reporter/Transcriber: Debra M. Henson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/15/2012. Redacted Transcript Deadline set for 6/25/2012. Release of Transcript Restriction set for 8/23/2012. (akr) (Entered: 05/25/2012)

NOTICE of Filing of Government's Ex Parte, In Camera Supplemental Motion for Protective Order Pursuant to the Classified Information Procedures Act Section 4 and Fed. R. Crim. P. 16(d) by USA (Attachments: # 1 Proof of Service)(Han, Caroline) (knb). (Entered: 06/01/2012)

Notice of Entry of ORDER Denying 92 Motion to Suppress FISA Intercepts. Signed by Judge Jeffrey T. Miller on 6/5/2012.(knb)(jrd) (Entered: 06/05/2012)

SUPERSEDING INDICTMENT as to Basaaly Saeed Moalin (1) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, Mohamed Mohamed Mohamud (2) count(s) 1ss, 2ss, 3ss, 5ss, Issa Doreh (3) count(s) 1ss, 2ss, 3ss, 5ss, Ahmed Nasir Taalil Mohamud (4) count(s) 1s, 2s, 3s. (knb) (cap). (Entered: 06/08/2012)

NOTICE of Government's Ex Parte, In Camera Motion for an Extension of Time to Comply with the Court's June 4, 2012 Order by USA (Attachments: # 1 Proof of Service)(Han, Caroline) (knb). (Entered: 06/15/2012)

ORDER for Extension of Time as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. The United States shall comply with the Court's order by June 29, 2012. Signed by Judge Jeffrey T. Miller on 6/18/2012. (knb)(jrd) (Entered: 06/18/2012)

SUPPLEMENTAL BRIEFING by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 138 Response in Opposition, to Defendants' Joint Motion to Deny the Government's Request to File its CIPA Sec 4 Application Ex Parte and Compel Disclosure of the CIPA Sec 4 Application to Cleared Defense Counsel (Cole, William) (ag). (Entered: 06/19/2012)

NOTICE of Filing of Government's Ex Parte, In Camera Statement of Compliance with the Court's June 4, 2012 Order by USA (Attachments: # 1 Proof of Service)(Han, Caroline) (knb). (Entered: 06/27/2012)

STRICKEN re 153 Order. Joint MOTION to Take Deposition by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud.(Fontier, Alice) (knb). (Entered: 07/09/2012)

ORDER Striking Motion to Take Depositions (Doc. No. 152 ); Scheduling Order on (1) Rule 15 Motion; (2) Status Conference; and (3) Motion in Limine. Defendants may jointly file a Motion for Rule 15 Deposition Testimony by July 20, 2012. The matter is calendared for oral argument on August 20, 2012 at 10:30 a.m. The court calendars a trial readiness and status conference for September 14, 2012 at 1:30 p.m. Signed by Judge Jeffrey T. Miller on 7/12/2012. (knb) (Entered: 07/12/2012)

Joint MOTION to Take Deposition by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Proof of Service)(Fontier, Alice) (knb). (Entered: 07/20/2012)

Joint MOTION to Continue Hearing Date From August 20, 2012, to August 22, 2012 by Ahmed Nasir Taalil Mohamud as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Durkin, Thomas)(knb). (Entered: 07/24/2012)

ORDER Granting 155 Motion to Continue Hearing Date as to Basaaly Saeed Moalin (1), Mohamed Mohamed Mohamud (2), Issa Doreh (3), Ahmed Nasir Taalil Mohamud (4). The date scheduled for oral argument on the Rule 15 foreign depositions is continued from August 20, 2012, to August 22, 2012 at 10:30 a.m. Signed by Judge Jeffrey T. Miller on 7/25/2012.(knb) (Entered: 07/25/2012)

NOTICE OF WITHDRAWAL OF DOCUMENT. Motion to File Under Seal, dated July 20, 2012 by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Fontier, Alice) Modified to correct event used on 8/2/2012 (knb). (Entered: 08/01/2012)

AFFIDAVIT in Support by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 154 Joint MOTION to Take Deposition Supplemental Declaration of Alice L. Fontier (Fontier, Alice) (knb). (Entered: 08/01/2012)

Joint MOTION for Extension of Time to File Government's Response to Defendants' Joint Motion to Take Deposition and Defendants' Reply Brief by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Attachments: # 1 Proof of Service)(Han, Caroline) (knb). (Entered: 08/02/2012)

ORDER Granting 159 Motion for Extension of Time to File as to Basaaly Saeed Moalin (1), Mohamed Mohamed Mohamud (2), Issa Doreh (3), Ahmed Nasir Taalil Mohamud (4). The United States' response to Defendants' Joint Motion to Take Deposition shall be filed on August 7, 2012, and the defendants' reply brief is to be filed on August 14, 2012. Signed by Judge Jeffrey T. Miller on 8/3/2012.(knb) (Entered: 08/03/2012)

RESPONSE in Opposition by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 154 Joint MOTION to Take Deposition (Attachments: # 1 Declaration of William P. Cole, # 2 Declaration of Linda Jacobson, # 3 Proof of Service)(Cole, William)(knb). (Entered: 08/07/2012)

MOTION for Leave to File Excess Pages by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Attachments: # 1 Proof of Service)(Cole, William) (knb). (Entered: 08/07/2012)

SUPPLEMENTAL DOCUMENT by USA as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud re 161 Response in Opposition, Errata (Attachments: # 1 Proof of Service)(Cole, William) (knb). (Entered: 08/09/2012)

ORDER Granting 162 Motion for Leave to File Excess Pages as to Basaaly Saeed Moalin (1), Mohamed Mohamed Mohamud (2), Issa Doreh (3), Ahmed Nasir Taalil Mohamud (4). Signed by Judge Jeffrey T. Miller on 8/9/2012.(knb) (Entered: 08/09/2012)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Status Hearing) as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 8/8/2011, before Judge Jeffrey T. Miller. Court Reporter/Transcriber: Debra M. Henson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/31/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012. (akr) (Entered: 08/10/2012)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Status Hearing) as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 9/23/2011, before Judge Jeffrey T. Miller. Court Reporter/Transcriber: Debra M. Henson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/31/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012. (akr) (Entered: 08/10/2012)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Status Hearing) as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud held on 2/9/2012, before Judge Jeffrey T. Miller. Court Reporter/Transcriber: Debra M. Henson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/31/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012. (akr) (Entered: 08/10/2012)

Joint MOTION for Leave to File Excess Pages in Joint Reply Motion for Depositions by Basaaly Saeed Moalin as to Basaaly Saeed Moalin, Mohamed Mohamed Mohamud, Issa Doreh, Ahmed Nasir Taalil Mohamud. (Fontier, Alice) (knb). (Entered: 08/14/2012)