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Case 1:20-cr-00330-PAE Document 406 Filed 11/02/21 Page2of6 Page 2 It is not clear whether the defendant intends to call one or both of these experts at the Daubert hearing on Dr. Rocchio’s testimony. In addition, the Government is only beginning to evaluate whether it will interpose Daubert or other objections to these experts. If so, and given that trial is less than one month away, it may be efficient for any Daubert hearing involving Dr. Rocchio, Dr. Dietz, and possibly Dr. Loftus to occur together. Accordingly, while the Government is prepared to proceed with a Daubert hearing for Dr. Rocchio on November 10, 2021, the Government respectfully proposes that the Court set the Rule 412 hearing and Daubert hearing for Dr. Rocchio on November 15. To the extent that either Dr. Dietz and/or Dr. Loftus either testify at the hearing or require Daubert hearings of their own, such hearings can occur that same week.? The Government also proposes to submit any Daubert briefing with regard to Dr. Dietz and Dr. Loftus by November 12, 2021, with defense responses due November 15. With respect to the remaining six defense experts, the Government believes more time for briefing is merited for two reasons. First, with the exception of Dr. Hall, the defense’s remaining experts appear to relate to a possible defense case, which likely would not begin until mid-to-late December. Second, the defendant’s expert notice belies the arguments made by defense in seeking a late November disclosure deadline. Specifically, the defendant requested yesterday as her expert notice deadline, over the Government’s objection and even though the Government provided expert notice in April 2021, because she “cannot be expected to hire experts and divine what would be relevant to this case before she is provided the statements by [the Minor Victims], whose ? Dr. Rocchio is out of the country from November 17 to November 27, so her testimony at any Daubert hearing would have to occur before those dates. DOJ-OGR-00006044