EFTA00088802Set 9
2021-10-1184p23,883w
reliable." United States v. Romano, 794 F.3d 317, 330
(2d Cir. 2015); see Dauber!, 509 U.S. at 597 (explaining that courts must ensure "that an expert's
testimony both rests ... Tire, 526 U.S. at 152; see
Williams, 506 F.3d at 160 (explaining that the Daubers test is "flexible"). In particular, if an
expert's testimony is within "the range where ... event, the defendant's argument about error rates misunderstands the nature of a
Daubers inquiry. An error rate is but one of the Daubers factors that
https://www.justice.gov/epstein/files/DataSet%209/EFTA00088802.pdf
EFTA00070837Set 9
2021-03-1241p13,013w
relate to any issue in the case is not relevant and, ergo, non-
helpful." Daubers, 509 U.S. at 591 (internal quotation marks omitted); cf. Boucher v. U.S. Suzuki
Motor Corp ... with others, this claim is patently unreliable, as Dr. Rocchio will explain at the Dauber!
hearing; there is in fact ample literature on the pimp-prostitute relationship and other instances ... Government would respectfully request an opportunity to reply or, in the
alternative, a Dauber! hearing to probe the issue.
To the extent Dr. Dietz seeks to apply his opinions
https://www.justice.gov/epstein/files/DataSet%209/EFTA00070837.pdf
EFTA00024954Set 8
2013-02-0228p4,678w
which the experts might testify. The Government is therefore not able
to interpose a Dauber: challenge at this time.' The Court should require the defense to provide
supplemental expert notice ... computer forensics and financial records, the Government does not object to their
testimony on Dauber: grounds.
1
EFTA00024956
Crim. P. 16(b)(1)(C).
As the 1993 amendments to Rule ... proposed expert testimony is reliable, and (3) the proposed testimony is relevant. See Dauber!
v. Merrell Dow Pharm., Inc., 509 U.S. 579, 592 (1993); Nimely v. City of New York
https://www.justice.gov/epstein/files/DataSet%208/EFTA00024954.pdf
EFTA00094642Set 9
2021-11-1011p3,312w
reliable, the Court considers the non-exhaustive list provided by the Supreme
Court in Daubers, 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 Daubers, 509 U.S. at 593-94).
But Rule 702 ultimately sets a "liberal" and "permissive" standard ... F.3d 381, 395-96 (2d Cir. 2005). In particular, not every expert
admissible under Daubers 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/EFTA00094642.pdf
EFTA00089904Set 9
2021-11-0117p4,502w
reliable, the Court considers the non-exhaustive list provided by the Supreme
Court in Dauber!, 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 Dauber! v. Merrell Dow Pharms., Inc., 509 U.S. 579, 593-94
(1993)).
But Rule 702 ultimately ... impression that the Defense intended to pursue this line of cross-examination after the
Dauber! hearing. Nov. 10 Tr. at 157 ("[D]o you intend to impeach any witnesses based
https://www.justice.gov/epstein/files/DataSet%209/EFTA00089904.pdf
EFTA00068501Set 9
2021-11-0117p5,289w
reliable, the Court considers the non-exhaustive list provided by the Supreme
Court in Dauber!, 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 Dauber! v. Merrell Dow Pharms., Inc., 509 U.S. 579, 593-94
(1993)).
But Rule 702 ultimately ... impression that the Defense intended to pursue this line of cross-examination after the
Dauber! hearing. Nov. 10 Tr. at 157 ("[D]o you intend to impeach any witnesses based
https://www.justice.gov/epstein/files/DataSet%209/EFTA00068501.pdf
EFTA00090721Set 9
2021-09-0352p13,922w
proposed testimony is inadmissible 17
C. At a minimum, this Court should hold a Dauber: hearing. 23
IV. THE COURT SHOULD EXCLUDE EVIDENCE RELATED
24
V. THE GOVERNMENT CONCEDES THAT ... generally." Resp. at 30
n.7.
C. At a minimum, this Court should hold a Dauber! hearing.
There is ample reason for this Court to exclude testimony outright. At the very ... that case, however, the government withdrew its
endorsement rather than submit to an Dauber! hearing. Resp. at 19 n.3.
Judge Garaufis reasoned that even if other courts in other cases
https://www.justice.gov/epstein/files/DataSet%209/EFTA00090721.pdf
EFTA00087203Set 9
2021-11-0117p5,289w
reliable, the Court considers the non-exhaustive list provided by the Supreme
Court in Dauber!, 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 Dauber! v. Merrell Dow Pharms., Inc., 509 U.S. 579, 593-94
(1993)).
But Rule 702 ultimately ... impression that the Defense intended to pursue this line of cross-examination after the
Dauber! hearing. Nov. 10 Tr. at 157 ("[D]o you intend to impeach any witnesses based
https://www.justice.gov/epstein/files/DataSet%209/EFTA00087203.pdf
EFTA00016471Set 8
2021-11-1011p3,312w
reliable, the Court considers the non-exhaustive list provided by the Supreme
Court in Daubers, 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 Daubers, 509 U.S. at 593-94).
But Rule 702 ultimately sets a "liberal" and "permissive" standard ... F.3d 381, 395-96 (2d Cir. 2005). In particular, not every expert
admissible under Daubers 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/EFTA00016471.pdf
EFTA00094653Set 9
2021-11-1011p3,312w
reliable, the Court considers the non-exhaustive list provided by the Supreme
Court in Daubers, 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 Daubers, 509 U.S. at 593-94).
But Rule 702 ultimately sets a "liberal" and "permissive" standard ... F.3d 381, 395-96 (2d Cir. 2005). In particular, not every expert
admissible under Daubers 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/EFTA00094653.pdf
EFTA00040107Set 9
2021-11-1011p3,312w
reliable, the Court considers the non-exhaustive list provided by the Supreme
Court in Daubers, 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 Daubers, 509 U.S. at 593-94).
But Rule 702 ultimately sets a "liberal" and "permissive" standard ... F.3d 381, 395-96 (2d Cir. 2005). In particular, not every expert
admissible under Daubers 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/EFTA00040107.pdf
EFTA01695623Set 10
2007-10-2650p11,783w
iTyE. Epstein do hereby ie-eirem the NapProstectian Acreenemt 'ma Addend= :a
Tame dezd Dauber 30, 2007,
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EFTA01695637
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ler. ?
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https://www.justice.gov/epstein/files/DataSet%2010/EFTA01695623.pdf