EFTA00070837Set 9
2021-03-1241p13,013w
Bourjaior v. United States, 483 U.S. 171 (1987) 6
Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993) passim
deWit v. UPS Ground Freight ... burden of showing that it is admissible by a
preponderance of the evidence. See Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 592 &
n.I 0 (1993) (citing Bourjaily ... admissible only if the trial court determines that it is both
relevant and reliable. Daubert, 509 U.S. at 589-90; see Kumho Tire Co., Inc. v. Carmichael
https://www.justice.gov/epstein/files/DataSet%209/EFTA00070837.pdf
EFTA00090721Set 9
2021-09-0352p13,922w
THIS COURT SHOULD EXCLUDE i TESTIMONY UNDER
FEDERAL RULE OF EVIDENCE 702 AND DAUBERT V. MERRELL DOW
PHARMACEUTICALS, INC., 509 U.S. 579 (1993) AND GRANT A DAUBERT
HEARING ... Sept. 26, 2016)19
Cf. State v. Wigg, 889 A.2d 233 (Vt. 2005) 40
Daubert v. Merrell Dow Phanns., Inc., 509 U.S. 579 (1993) passim
Dougherty v. County ofSttffolk ... issue.
III. THIS COURT SHOULD EXCLUDE TESTIMONY UNDER
FEDERAL RULE OF EVIDENCE 702 AND DAUBERT V. MERRELL DOW
PHARMACEUTICALS, INC., 509 U.S. 579 (1993) AND GRANT A DAUBERT
HEARING
https://www.justice.gov/epstein/files/DataSet%209/EFTA00090721.pdf
EFTA00016471Set 8
2021-11-1011p3,312w
Lisa Rocchio, pursuant to Federal Rule of Evidence 702 and the standard in Daubert v.
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Dkt. No. 386. The Government filed ... Defendant filed a reply, Dkt. No. 398. The Court conducted
a Daubert hearing on November 10, 2021, at which both parties examined Dr. Rocchio. Dkt.
No. 431. The Court stated ... Defense's motion are timely and
may be considered in resolving the Daubert motion.
Turning to the proffered expert opinions, as articulated in the Government's disclosure
https://www.justice.gov/epstein/files/DataSet%208/EFTA00016471.pdf
EFTA00040107Set 9
2021-11-1011p3,312w
Lisa Rocchio, pursuant to Federal Rule of Evidence 702 and the standard in Daubert v.
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Dkt. No. 386. The Government filed ... Defendant filed a reply, Dkt. No. 398. The Court conducted
a Daubert hearing on November 10, 2021, at which both parties examined Dr. Rocchio. Dkt.
No. 431. The Court stated ... Defense's motion are timely and
may be considered in resolving the Daubert motion.
Turning to the proffered expert opinions, as articulated in the Government's disclosure
https://www.justice.gov/epstein/files/DataSet%209/EFTA00040107.pdf
EFTA00094642Set 9
2021-11-1011p3,312w
Lisa Rocchio, pursuant to Federal Rule of Evidence 702 and the standard in Daubert v.
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Dkt. No. 386. The Government filed ... Defendant filed a reply, Dkt. No. 398. The Court conducted
a Daubert hearing on November 10, 2021, at which both parties examined Dr. Rocchio. Dkt.
No. 431. The Court stated ... Defense's motion are timely and
may be considered in resolving the Daubert motion.
Turning to the proffered expert opinions, as articulated in the Government's disclosure
https://www.justice.gov/epstein/files/DataSet%209/EFTA00094642.pdf
EFTA00094653Set 9
2021-11-1011p3,312w
Lisa Rocchio, pursuant to Federal Rule of Evidence 702 and the standard in Daubert v.
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Dkt. No. 386. The Government filed ... Defendant filed a reply, Dkt. No. 398. The Court conducted
a Daubert hearing on November 10, 2021, at which both parties examined Dr. Rocchio. Dkt.
No. 431. The Court stated ... Defense's motion are timely and
may be considered in resolving the Daubert motion.
Turning to the proffered expert opinions, as articulated in the Government's disclosure
https://www.justice.gov/epstein/files/DataSet%209/EFTA00094653.pdf
EFTA00088802Set 9
2021-10-1184p23,883w
provide reliable and
relevant opinions, as required by Federal Rule of Evidence 702 and Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579 (1993). (See Def. Mot. 3). Second, evidence ... Federal Rules and their `general approach of relaxing the
traditional barriers to `opinion' testimony." Daubert v. Merrell Dow Pharms., Inc., 509 U.S.
5
EFTA00088807
579, 588 (1993) (quoting Beech Aircraft ... Rainey, 488 U.S. 153, 169 (1988)).
Under Daubert, a district court must first determine whether an expert is qualified. See
Fed. R. Evid. 702 ("A witness who is qualified
https://www.justice.gov/epstein/files/DataSet%209/EFTA00088802.pdf
EFTA00028212Set 8
2021-11-082p304w
From:
To: • )"
(USAIN
I MIIME>
Subject: RE: Daubert motion
Date: Mon, 08 Nov 2021 04:25:54 +0000
Attachments: Motion_to_preclude_Dietz_and_Loflus_v5_-pm.docx
For whatever reason ... revisions/etc.
From: I
Sent: Sunday, November 7, 202111:20 PM
To: ) >; (USANYS) >
Subject: RE: Daubert motion
Here are one or two very small things. This looks great ... stuff.
From:
Sent: Sunday, November 7, 2021 10:04 PM
To: (USANYS)
Subject: RE: Daubert motion
Hi all,
Here's a version that incorporates the Loftus section. The plan
https://www.justice.gov/epstein/files/DataSet%208/EFTA00028212.pdf
EFTA00024954Set 8
2013-02-0228p4,678w
United States v. Ulbricht, No. 14
Cr.
Such a belated disclosure may require a Daubert
hearing to test the reliability of Dr. Hall's heretofore unrevealed analysis on this question ... however,
would almost certainly lead to mid-trial Dauber! briefing, possibly a mid-trial Daubert hearing,
and late-breaking rebuttal expert notice by the Government.
The better course ... will use to analyze those documents. That may—depending on the details—permit some Daubert
litigation to occur now, because the Government may be able to agree with, or challenge
https://www.justice.gov/epstein/files/DataSet%208/EFTA00024954.pdf
EFTA00009983Set 8
2021-11-092p332w
From
To:
Cc: (USANYS)"
Subject: RE: Daubert motion
Date: Tue, 09 Nov 2021 03:37:45 +0000
Attachments: Exhibit_B.pdf
Thanks,
I'd been planning to redact the exhibits ... From
Sent: Monda November 8, 2021 9:43 PM
To: )
Cc: USANYS)
Subject: RE: Daubert motion
Thanks very much, I've reviewed and have no substantive edits. There were ... From:
Sent: Monday, November 8, 2021 7:02 PM
To:
Cc: (USANYS)
Subject: FW: Daubert motion
This is the version ready for you, and specifically, Part I.C.4-6.
Also, team
https://www.justice.gov/epstein/files/DataSet%208/EFTA00009983.pdf
EFTA00157045Set 9
2021-11-072p900w
clear/cogent
understanding
o Article's opinion about grooming not appearing to meet the Daubert standard was
not the main focus, a side comment. LR values the review ... opinion.
Does not presume to have an opinion on Daubert — she is an expert on the literature
and the field.
o It's well studied - lots of articles ... testimony (redacted information regarding offense conduct); Gov't opposition to defense,
as filed (only Daubert section, redacted information regarding offense conduct), and Gov't
Exhibits A and B; defense reply
https://www.justice.gov/epstein/files/DataSet%209/EFTA00157045.pdf
EFTA00801596Set 9
35p24,676w
Honor, does not need to be here for the 1 speak to actually disallowing Daubert
2 automatic stay issue. No wanted, for 2 motions, for example, from being heard
purposes ... federal case law -- because 22 But I think we can go through those
23 Daubert WO don't know If it's going to 23 with some comfort to know ... Court is thinking from that standpoint,
25 the overwhelming cases on the Daubert issue 2S perhaps ruling at this point, with the
Palm Beach Reporting Service, Inc.
EFTA00801610
https://www.justice.gov/epstein/files/DataSet%209/EFTA00801596.pdf
EFTA00028211Set 8
2021-11-081p216w
From:
To:
Subject: RE: Daubert motion
Date: Mon, 08 Nov 2021 04:20:10 +0000
Attachments: Motion_to_preclude_Dietz_and_Loflus_v5.moe.docx
Here are one or two very small things. This looks great ... Sunday, November 7, 2021 10:04 PM
To: (USANYS) c
sc M >
Subject: RE: Daubert motion
Hi all,
Here's a version that incorporates the Loftus section. The plan ... will come later...
Thanks,
From:
Sent: Sunday, November 7, 2021 8:00 PM
Subject: Daubert motion
Hi team,
In the interest of expediency, here is the Daubert motion for your
https://www.justice.gov/epstein/files/DataSet%208/EFTA00028211.pdf
EFTA00087220Set 9
2021-11-017p1,774w
reliable, the Court considers the non-exhaustive list provided by the Supreme
Court in Daubert, including whether the expert's method has been tested, whether it has been
subjected ... community. United States v. Kidd, 385 F. Supp. 3d
259, 263 (S.D.N.Y. 2019) (citing Daubert v. Merrell Dow Phanns., Inc., 509 U.S. 579, 593-94
(1993)).
But Rule 702 ultimately ... F.3d 381, 395-96 (2d Cir. 2005). In particular, not every expert
admissible under Daubert need rely on a method that conforms with "the exactness of hard
science methodologies." E.E.O.C
https://www.justice.gov/epstein/files/DataSet%209/EFTA00087220.pdf
EFTA00014701Set 8
2021-11-017p1,772w
reliable, the Court considers the non-exhaustive list provided by the Supreme
Court in Daubert, including whether the expert's method has been tested, whether it has been
subjected ... community. United States v. Kidd, 385 F. Supp. 3d
259, 263 (S.D.N.Y. 2019) (citing Daubert v. Merrell Dow Phanns., Inc., 509 U.S. 579, 593-94
(1993)).
But Rule 702 ultimately ... F.3d 381, 395-96 (2d Cir. 2005). In particular, not every expert
admissible under Daubert need rely on a method that conforms with "the exactness of hard
science methodologies." E.E.O.C
https://www.justice.gov/epstein/files/DataSet%208/EFTA00014701.pdf
EFTA00086354Set 9
2021-11-092p286w
From:
Sent: Monday, November 8, 2021 9:43 PM
To:
Cc SANYS
Subject: RE: Daubert motion
Thanks very much, I've reviewed and have no substantive edits. There were ... Sent: Monday, November 8, 2021 7:02 PM
To:
Cc: (USANYS)
Subject: FW: Daubert motion
This is the version ready for you, and specifically, Part I.C.4-6.
Also, team ... customary sealing footnote.
From:
Sent: Monda November 8 2021 6:57 PM
To:
Subject: Daubert motion
Hey.
Passing the pen back to you while I'm joining the Rocchio witness
https://www.justice.gov/epstein/files/DataSet%209/EFTA00086354.pdf
EFTA00068501Set 9
2021-11-0117p5,289w
F.3d 381, 395-96 (2d Cir. 2005). In particular, not every expert
admissible under Daubert need rely on a method that conforms with "the exactness of hard
science methodologies." E.E.O.C ... aspect of the Rule 702 and Daubert inquiry is "fit," which asks
"whether expert testimony proffered in the case is sufficiently tied to the facts of the case that ... S.D.N.Y. Oct. 13, 2021) (quoting Daubert, 509 U.S. at
591). Fit is satisfied if the expert's opinion would assist the jury's decision on a relevant
question of fact
https://www.justice.gov/epstein/files/DataSet%209/EFTA00068501.pdf
EFTA00087203Set 9
2021-11-0117p5,289w
F.3d 381, 395-96 (2d Cir. 2005). In particular, not every expert
admissible under Daubert need rely on a method that conforms with "the exactness of hard
science methodologies." E.E.O.C ... aspect of the Rule 702 and Daubert inquiry is "fit," which asks
"whether expert testimony proffered in the case is sufficiently tied to the facts of the case that ... S.D.N.Y. Oct. 13, 2021) (quoting Daubert, 509 U.S. at
591). Fit is satisfied if the expert's opinion would assist the jury's decision on a relevant
question of fact
https://www.justice.gov/epstein/files/DataSet%209/EFTA00087203.pdf
EFTA00089904Set 9
2021-11-0117p4,502w
F.3d 381, 395-96 (2d Cir. 2005). In particular, not every expert
admissible under Daubert need rely on a method that conforms with "the exactness of hard
science methodologies." E.E.O.C ... aspect of the Rule 702 and Daubert inquiry is "fit," which asks
"whether expert testimony proffered in the case is sufficiently tied to the facts of the case that ... S.D.N.Y. Oct. 13, 2021) (quoting Daubert, 509 U.S. at
591). Fit is satisfied if the expert's opinion would assist the jury's decision on a relevant
question of fact
https://www.justice.gov/epstein/files/DataSet%209/EFTA00089904.pdf