Miles Guo Court Documents · Doc 373

摘要

Government Opposition · Motion for Reconsideration of Daubert Order

This six-page letter, dated June 4, 2024 from the Assistant U.S. Attorneys, opposes Mr. Guo's motion for reconsideration (Dkt. 364, case-doc-364) of the Court's order at Dkt. 338 (the "Final Daubert Order") that had excluded Thomas Bishop's expert testimony and limited the expert testimony of Raymond Dragon and Paul Doran in United States v. Guo, S3 23 Cr. 118 (AT).

Government's Principal Arguments

The opposition emphasizes that motions seeking the "extraordinary remedy" of reconsideration are "not a vehicle for relitigating old issues," citing the Court's own prior ruling in United States v. Kwok, No. 23 Cr. 118 (AT), 2024 WL 1250985.

• The defendant has not identified any controlling decisions or matters that the Court overlooked in the Final Daubert Order;
• The supplemental expert disclosure of Raymond Dragon (Exhibit A to the Schirick Declaration at case-doc-366) does not warrant reopening the Daubert analysis as to Dragon's valuation testimony;
• The defense's renewed effort to admit Paul Doran's CCP-related testimony reaches beyond the boundaries the Court has already drawn;
• Bishop's accounting testimony should remain excluded.

Cross-References

The opposition cross-references both the First Daubert Order (Dkt. 305, case-doc-305) and the Final Daubert Order (Dkt. 338).

Disposition

The Court rules on the reconsideration motion at case-doc-381, granting in part and denying in part.