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- "full_text": "Case 1:20-cr-00330-PAE Document 536 Filed 12/10/21 Page 24 of 43 24 LBNAMAXTps in an abundance of caution, and also identified for the defense four other cases in which Mr. Flatley has testified on a similar topic so they can see -- THE COURT: That includes his ex-- to the extent it crossed over into expert opinion about methodology, for example -- MR. ROHRBACH: If I may have a minute, your Honor. Mr. Flatley is qualified as an expert in some of those four cases, which highlights the vagaries of this line, and it provides information about the bases of his opinion about these topics. To the extent that there is an issue that is not raised, either in the government's expert notice or 3500, or in the similar exemplars we've given the testimony, that might be something that's outside the bounds of the government axe pert notice, depending on exactly what it is. THE COURT: So I think what we need to do is, you have your expert look at the testimony that he's provided. If he's got some differing expert opinion as to forensic principles or creation of documents or storage and retrieval of digital documents, or what information can be gleaned from metadata generally, I think you should notice those opinions. But absent that, we'll let it play out. OK. MS. MENNINGER: Certainly, your Honor. And obviously if Mr. Flatley attempts to offer opinions during his testimony SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300",
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- "content": "in an abundance of caution, and also identified for the defense four other cases in which Mr. Flatley has testified on a similar topic so they can see -- THE COURT: That includes his ex-- to the extent it crossed over into expert opinion about methodology, for example -- MR. ROHRBACH: If I may have a minute, your Honor. Mr. Flatley is qualified as an expert in some of those four cases, which highlights the vagaries of this line, and it provides information about the bases of his opinion about these topics. To the extent that there is an issue that is not raised, either in the government's expert notice or 3500, or in the similar exemplars we've given the testimony, that might be something that's outside the bounds of the government axe pert notice, depending on exactly what it is. THE COURT: So I think what we need to do is, you have your expert look at the testimony that he's provided. If he's got some differing expert opinion as to forensic principles or creation of documents or storage and retrieval of digital documents, or what information can be gleaned from metadata generally, I think you should notice those opinions. But absent that, we'll let it play out. OK. MS. MENNINGER: Certainly, your Honor. And obviously if Mr. Flatley attempts to offer opinions during his testimony",
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