Good catch, yes. Dahlin's is already in. Slatosch's supposedly isn't.
Here is another area where Chupp's flip flopping and inability to talk straight or make coherent rulings prejudices the parties. During the hearing he said he was considering those declarations and even said something like "how couldn't I?"
And then he turns around and decides not to, probably because his dumb ass realized when writing that joke of a ruling that if that affidavit was in, his ruling was even more insanely idiotic.
Obviously if the plaintiff had known Chupp was going to throw out the affidavits he indicated he was going to be accepting, he would have MADE AN ARGUMENT FOR IT. Which is something that you're supposed to be allowed to do, to make arguments about things that decide the case. What argument would he have made? We don't know because he wasn't allowed to fucking make it and was even deceived as to whether he had to by half-assed hip-shooting Chupp.