DOJ-OGR-00018612.jpg

594 KB

Extraction Summary

4
People
2
Organizations
1
Locations
2
Events
2
Relationships
2
Quotes

Document Information

Type: Legal document
File Size: 594 KB
Summary

This document is a court transcript from August 10, 2022, capturing a discussion between attorneys Mr. Rohrbach and Ms. Menninger before a judge. The primary issue is the scope of testimony for an upcoming witness, Mr. Flatley, concerning whether a file's 'created date' is the same as its 'modified date' on a CD, and whether this constitutes factual testimony or requires an expert opinion.

People (4)

Name Role Context
The Judge Honor
Presiding over the court case, referred to as 'your Honor' and speaking as 'THE COURT'.
Mr. Rohrbach Attorney
An attorney speaking on behalf of his client, discussing the scope of a witness's testimony.
Mr. Flatley Witness
A person expected to testify regarding CDs, created dates, and modified dates of files.
Ms. Menninger Attorney
An attorney, likely for the defense, raising concerns about Mr. Flatley's intended testimony.

Organizations (2)

Name Type Context
THE COURT government agency
The judicial body hearing the case, identified as a speaker in the transcript.
SOUTHERN DISTRICT REPORTERS, P.C. company
The court reporting agency that transcribed the proceeding, listed at the bottom of the page.

Timeline (2 events)

2022-08-10
A court proceeding where attorneys argue about the scope of a witness's upcoming testimony.
Court
The anticipated testimony of Mr. Flatley regarding file dates on CDs.
Court

Locations (1)

Location Context
Implied by the name of the court reporting agency, 'SOUTHERN DISTRICT REPORTERS, P.C.'

Relationships (2)

Mr. Rohrbach professional Ms. Menninger
They are opposing counsel in a legal proceeding, arguing before the judge about the admissibility and scope of witness testimony.
Mr. Rohrbach professional Mr. Flatley
Mr. Rohrbach is discussing the testimony of Mr. Flatley, who appears to be a witness for the side Mr. Rohrbach represents (the government, based on the reference to the 'government's November 26 letter').

Key Quotes (2)

"Mr. Rohrbach, let's just get to the issue. It sounds like it's narrowed to two things. Every letter I get, it starts with, We're so surprised or this has already been litigated. Let's just get to the issue."
Source
— THE COURT (The judge expressing frustration with the attorneys' preambles in their letters and urging them to focus on the substantive legal issue.)
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Quote #1
"Your Honor, on the CDs, apparently Mr. Flatley intends to testify that a created date is the same thing as a modified date. And also about once a file is burned"
Source
— MS. MENNINGER (Ms. Menninger outlining the specific technical testimony from Mr. Flatley that she is concerned about.)
DOJ-OGR-00018612.jpg
Quote #2

Full Extracted Text

Complete text extracted from the document (1,573 characters)

Case 1:20-cr-00330-PAE Document 753 Filed 08/10/22 Page 14 of 264 1436
LC7VMAX1
1 we're down to, your Honor.
2 THE COURT: Okay.
3 MR. ROHRBACH: Your Honor, as I think our letter
4 indicated, we're quite surprised to receive the defendant's --
5 THE COURT: Mr. Rohrbach, let's just get to the issue.
6 It sounds like it's narrowed to two things. Every letter I
7 get, it starts with, We're so surprised or this has already
8 been litigated. Let's just get to the issue.
9 MR. ROHRBACH: So, your Honor, I think we're in a
10 pretty good place then. Mr. Flatley is not going to go into
11 very much -- we obviously don't know exactly what Mr. Flatley
12 will say on the stand, but the questions and what we expect to
13 elicit should track the government's November 26 letter. And
14 so it sounds like if defense counsel doesn't have a problem
15 with what's in this letter, then there is no issue here for the
16 Court.
17 I'm not exactly sure what Ms. Menninger is referencing
18 with regard to CDs, but I think that we expect Mr. Flatley to
19 give purely fact testimony regarding CDs, and there's no expert
20 opinion at all involved there. To the extent that it's a late
21 disclosure of anything, it's just a factual view of Mr. Flatley
22 that is in the 3500 material that he may testify to.
23 MS. MENNINGER: Your Honor, on the CDs, apparently
24 Mr. Flatley intends to testify that a created date is the same
25 thing as a modified date. And also about once a file is burned
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00018612

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