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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 Document536 Filed 12/10/21 Page26o0f43 26 LBNAMAXTps 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 th defense an understanding of Mr. Flatley's opinions, to the extent that they're expert opinions at all and not just THE COURT: Well —- fact opinions. MR. ROHRBACH: Your Honor, my point is that Ms. Menninger says that she would have her expert review Mr. Flatley's testimony in other cases to see if there are opinions he disagreed with, and I just wanted to clarify that the defens xpert should review the material the government has provided them. THE COURT: That's fine, but it's your notice that sets up the opinions that your expert is of fering. MR. ROHRBACH: Yes, your Honor. THE COURT: So what they should do is look at the notice, and if their expert has different views than what's in the notice, they should provide those views MR. ROHRBACH: Yes, your Honor. THE COURT: f your notice is insuf Ficient under Rule 16 to tell us now what opinions your expert is going to provide, then you may have problems down the road. But I'm not going to have them held to a different standard than what the government has done here. MR. ROHRBACH: Of course, your Honor. SOUTHERN DISTRICT REPORTERS, (212) 805-0300 PG DOJ-OGR- 00008336