First, Winecup argues that a plain reading of the text of NAC 535.240 shows that the applicability of the statute is limited to approval for new construction, reconstruction, or alterations, but it does not apply to dams in existence before the statute went into effect that have not been modified or altered. Winecup does not oppose prohibiting asking questions or offering evidence or argument about the plaintiff's consulting experts, so long as "consulting expert" means "expert employed only for trial preparation." See NRS 535.030. ECF Nos. (ECF No. ECF No. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12043697]. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11771335]. 111-7 (Union Pacific's hydrology expert declared that the HEC-HMS is an acceptable method to calculate runoff). 34 Ex. Winecup argues that Lindon is qualified to opine on both meteorological and hydrological issues, and that Union Pacific's arguments do not go toward the admissibility of Lindon's opinions, but only the weight, and amount to nothing more than a "battle of the experts." 120. 3d 949, 959 (N.D. Cal. If you do not agree with these terms, then do not use our website and/or services. 44. On the one hand, if the spoliation prejudiced the moving party, then the Court may order measures no greater than necessary to cure the prejudice. The Court finds that because this case has not been set for trial, this amendment to the pretrial order will not inconvenience the Court and does not prejudice either party. . Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. 120-1 at 3. 1. Again, there can be no dispute that Godwin's opinion is relevant and advances a material aspect of Winecup's case and that the RS Means methodology for determining costs is standard in the industry. The standard for calculating damages is an important and critical issue in this case, but it has not been fully or properly briefed by the parties: Winecup briefly noted the standard it believes is proper in its response to Union Pacific's combined fifth and sixth motion, while Union Pacific took the opportunity to argue for its standard in a 13-page reply, without any further response from Winecup. Winecup presents no such exception that would apply. They include Needle-and-Thread, Great Basin wild rye, Russian wild rye, Indian rice, crested wheat, bluebunch wheat, Sandberg blue, and bottlebrush squirrel tail. Union Pacific has presented no evidence or rule to support the Court's exclusion of any and all evidence or testimony on the issue. Lindon's criticism of Union Pacific's hydrology expert, Daryoush Razavian, are admissible. ECF No. 165. Cancellation and Refund Policy, Privacy Policy, and Union Pacific motions the Court to bar Winecup from offering evidence of the Oroville Dam spillway failure and the weather and flood conditions that occurred in February 2017 in California and western Nevada. Id. On 03/09/2021 Winecup Gamble, Inc filed a Property - Other Real Property lawsuit against Gordon Ranch LP.This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Ninth Circuit. A, 47:2-6.) IT IS HEREBY ORDERED that Plaintiff's Motion for Sanctions (ECF NO. The case involved the sale of a ranch and whether $5 million in . Union Pacific motions the Court to exclude both Winecup's contributory negligence defense and Godwin's expert opinions that relate to this defense. 128), and Union Pacific's related nineteenth motion in limine to preclude experts disclosed on May 13, 2020 (ECF No. Read More . ECF Nos. 134) is DENIED without prejudice. Therefore, the Court denies Winecup's motion to preclude any mention of this regulation. Accordingly, the late disclosure was harmless, and Lindon will be permitted to testify on the subject. Union Pacific's eleventh motion in limine to bar Rule 702 opinions (A) generally, if not in expert reports, and (B) specifically, from Luke Opperman (ECF No. The Court disagrees. Winecup's first motion in limine to exclude Union Pacific's expert Daryoush Razavian's testimony related to mile post 670.03 (ECF No. 154-2 at 5. Id. NAC 535.140. (Id.) Union Pacific Railroad Company v. Winecup Ranch, LLC et al, Prime Healthcare Services - Reno, LLC v. Hometown Health Providers Insurance Company, Inc. et al, Elko Broadband Ltd. v. Haidermota BNR, Lawyers and Counsel with Offices in Islamadad, Islamic Republic of Pakistan et al. . First, the Court agrees with Winecup that under Nevada law, a violation of an administrative regulation cannot form the basis of negligence per se because "it lacks the force and effect of a substantive legislative enactment." Under Federal Rule of Civil Procedure 32(a)(8), the deposition from an earlier action "may be used in a later action involving the same subject matter between the same parties." A reasonable party would have foreseen litigation on the horizon as soon as the parties began exchanging communications expressing their competing interpretations of the contract and the amendment. at 5. [12048869] (BLS) [Entered: 03/22/2021 11:05 AM], Docket(#3) The Mediation Questionnaire for this case was filed on 03/16/2021. Union Pacific argues that Lindon is not a qualified expert in meteorology because he does not hold a degree or certificate in the field. 150) is denied without prejudice. /// /// ///. Razavian's expert report concludes the following regarding the cause of track washouts: Rule 26 of the Federal Rules of Civil Procedure states that an expert must provide "a complete statement of all opinions the witness will express and the basis and reasons for them." 250,000 ACRES DEEDED LAND WITH GRAZING RIGHTS ON OVER 1,000,000 ACRES. "These factors are 'meant to be helpful, not definitive, and the trial court has discretion to decide how to test an expert's reliability as well as whether the testimony is reliable, based on the particular circumstances of the particular case.'" While it argues that Razavian's use of a topographical quadrangle map does not provide enough detail to map the flooding in the area (ECF No. Winecup and Gordon Ranch entered into a Purchase and Sale Agreement with an effective date of October 18, 2016 (the "Purchase Agreement") for sale of approximately 247,500 acres, together with other real and personal property rights, interests, and cattle, in Elko County, Nevada. 170. It is not common for courts to appoint neutral experts and "usually do so only in exceptional cases in which the ordinary adversary process does not suffice or when a case presents compelling circumstances warranting appointment of an expert." The Court will not conflate the question of admissibility with the weight to be given the testimony by considering the persuasiveness of competing scientific methods; those questions are for the fact finder. The Court considers the overall statutory and regulatory scheme and finds that the hazard classifications assigned by the State Engineer must be considered within the context of NAC 535.240. (internal quotations and citations omitted)). Union Pacific filed its original complaint on August 10, 2017, against Winecup Gamble, Winecup Ranch, LLC, and Paul Fireman. 1990). Tex. ECF No. After the sale fell through, both parties filed suit, arguing that they were entitled to Gordon Ranch's earnest money deposit pursuant to the terms of the parties' purchase and sale agreement, as amended by the parties in December 2016. 112.) [12050510] (BLS) [Entered: 03/23/2021 10:57 AM], Docket(#4) MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 03/31/2021, 12:00 p.m. PACIFIC Time. Motions in limine should not be used to resolve factual disputes or to weigh evidence, and evidence should not be excluded prior to trial unless the "evidence is clearly inadmissible on all potential grounds." 1989)). 111) is DENIED. For clarity, the Court address the parties' competing motions for exclusion together here. Appellant Winecup Gamble, Inc. opening brief due 10/30/2020. Id. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. ECF No. Godwin opines that had Union Pacific rebuilt the earthen embankments and culverts, the cost of the track repair would have been substantially less than "upgrading" to steel bridgesonly $4.28 million as opposed to the $18.5 million claimed by Union Pacific. Winecup's sixth motion in limine to exclude evidence and argument related to the financial condition of Winecup, Paul Fireman, and the sale of Winecup Gamble Ranch in 2019 (ECF No. A presumption that the lost information was unfavorable to Plaintiff or an adverse jury instruction would not sufficiently cure Defendant's prejudice. Union Pacific motions the Court to bar Winecup from offering evidence or argument that the Fish & Game allegedly requested that the Dake dam be preserved for the pike they had put in it. Id. And while "[i]n some cases, it may be cost-effective for counsel simply to provide jurors with individual binders containing indexed copies of selected exhibits central to the presentation at trial," electronic display systems that show everyone in the courtroom the exhibit simultaneously likewise "significantly assist jury involvement and comprehension and expediate trial." Today, the provinces of Canada still uphold their own gambling laws, making it a little tricky to gamble online legally if you live in a province with a negative attitude towards gambling. The Court dismisses Plaintiff's complaint and enters judgment in favor of Defendant on its counterclaim. The schedule is set as follows: Appellant Winecup Gamble, Inc. 3:20-CV-00293 | 2020-05-18, U.S. District Courts | Contract | Razavian declares that "[a]ccepted hydrological methodology requires a hydrologist to consider all of the above evidence in determining flow of flood water." In the 2012 inspection report, it is noted that the spillway should be cleared of all debris and vegetation, however, in 2016, the inspection report provides that the spillway has lost its design capacity due to vegetation growing and earthen materials sluffing from the hillside. But Union Pacific does not point to any evidence in the record of "abandonment." 124) is DENIED. Countrywide Home Loans, Inc. v. Thitchener, 192 P.3d 243, 252-53 (Nev 2008) (citing Evans v. Dean Witter Reynolds, Inc., 5 P.3d 1043, 1052 (2000)). Transcript ordered by 08/21/2020. 2:19-CV-00414 | 2019-06-17, U.S. District Courts | Contract |

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