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- "page_number": "26 of 43",
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- "full_text": "Case 1:20-cr-00330-PAE Document 536 Filed 12/10/21 Page 26 of 43 26 LBNAMAXTps 1 MR. ROHRBACH: Yes. The government believes that its notice, in combination with its 3500 materials and the cases it's pointed the defense to, should give the defense an understanding of Mr. Flatley's opinions, to the extent that they're expert opinions at all and not just fact opinions. 6 THE COURT: Well -- 7 MR. ROHRBACH: Your Honor, my point is that 8 Ms. Menninger says that she would have her expert review 9 Mr. Flatley's testimony in other cases to see if there are 10 opinions he disagreed with, and I just wanted to clarify that 11 the defense expert should review the material the government 12 has provided them. 13 THE COURT: That's fine, but it's your notice that 14 sets up the opinions that your expert is offering. 15 MR. ROHRBACH: Yes, your Honor. 16 THE COURT: So what they should do is look at the 17 notice, and if their expert has different views than what's in 18 the notice, they should provide those views. 19 MR. ROHRBACH: Yes, your Honor. 20 THE COURT: If your notice is insufficient under Rule 21 16 to tell us now what opinions your expert is going to 22 provide, then you may have problems down the road. But I'm not 23 going to have them held to a different standard than what the 24 government has done here. 25 MR. ROHRBACH: Of course, your Honor. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00008336",
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- "content": "1 MR. ROHRBACH: Yes. The government believes that its notice, in combination with its 3500 materials and the cases it's pointed the defense to, should give the defense an understanding of Mr. Flatley's opinions, to the extent that they're expert opinions at all and not just fact opinions. 6 THE COURT: Well -- 7 MR. ROHRBACH: Your Honor, my point is that 8 Ms. Menninger says that she would have her expert review 9 Mr. Flatley's testimony in other cases to see if there are 10 opinions he disagreed with, and I just wanted to clarify that 11 the defense expert should review the material the government 12 has provided them. 13 THE COURT: That's fine, but it's your notice that 14 sets up the opinions that your expert is offering. 15 MR. ROHRBACH: Yes, your Honor. 16 THE COURT: So what they should do is look at the 17 notice, and if their expert has different views than what's in 18 the notice, they should provide those views. 19 MR. ROHRBACH: Yes, your Honor. 20 THE COURT: If your notice is insufficient under Rule 21 16 to tell us now what opinions your expert is going to 22 provide, then you may have problems down the road. But I'm not 23 going to have them held to a different standard than what the 24 government has done here. 25 MR. ROHRBACH: Of course, your Honor.",
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