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be N Ww ws Oo OY ~] oO Ke) a fan) = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 1:20-cr-00330-PAE LBNAMAXTps and the extraction of Mr. testimony, identification by the Document 536 so there's really no need government of should be able to let say Mr. Filed 12/10/21 through the 3500 material and through his other expert for any sort of anything before Mr. the 3500 materia MS. MENNINGER: Your Honor, Flatley is going to describe the ex He's talked about the fact data this way. the user data, used it. government. have provided thus Page 23 of 43 23 fF metadata as his expert testimony, Flatley's views on those questions should be available further Kelso us know his views on those questions. 1 doesn't traction of user far exactly what Mr. going to be. And witness as well. frankly, they said Mr. but he hasn't talked about the It's not that type of 3500 material So I don't agree that we could that he has observed methods that he's from the tel] from what they Flatley's testimony is Flatley was So if intending to of didn't provide suf Ficient notice for Mr fer something along the lines Mr. . Flatl largely a fact I'm understanding now that they're Kelso is, they y's expertise in that area either. I have to go back and look at the tley is primarily a THE COURT: Well, notice. But are you using Flatley as an expert? MR. ROHRBACH: We think Mr. Fla fact witness, but the line between a fac like t witness in a setting this and someone testifying on the basis of their expertise is not well settled, and so we've given expert notice SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00008333