134) is denied without prejudice. . It was first added to the regulatory schedule in 2003, along with the definitions in NAC 535.055, Inflow design flood, and NAC 535.080, probable maximum flood. Under Federal Rule of Evidence 705, "[u]nless the court orders otherwise, an expert may state an opinionand give the reasons for itwithout first testifying to the underlying facts or data. 122 at 2. Paul Fireman's Nevada Ranch Lists for $50 Million - WSJ 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." IT IS FURTHER ORDERED that Union Pacific's seventh motion in limine to bar Winecup's contributory negligence defense and Derek Godwin's contributory negligence opinion (ECF No. [12048869] (BLS) [Entered: 03/22/2021 11:05 AM], (#2) Filed (ECF) Appellant Winecup Gamble, Inc. Accordingly, Plaintiff did not perform reasonable steps to preserve the information. "A motion in limine is used to preclude prejudicial or objectionable evidence before it is presented to the jury." Therefore, Union Pacific's fifth and sixth motions in limine are denied. See Ambrosini v. Labarraque, 101 F.3d 129, 141 (D.C. Cir. Winecup intends to introduce Godwin's opinion as evidence of what size culverts should be used based on the industry standard. Id. This is a question of accuracy, not admissibility, and it is best left to the jury to consider the weight of this evidence. at 43:14-25), upgrading to a new computer during this time (Id. 143) is denied. 132. Winecup Gamble, Inc. v. Gordon Ranch LP | D. Nevada | 03-17-2022 | www To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . P. 37(e)(2) are available. Before deciding on how damages are to be calculated, the Court will permit Winecup the opportunity to respond to Union Pacific's reply; briefing is not to exceed 15 pages of argument, excluding tables of contents and authorities and administrative notices. Winecup Gamble, Inc. v. Ranch | 3:17-cv-00163-ART-CSD | D. Nev IT IS FURTHER ORDERED that Union Pacific's twelfth motion in limine to Bar Evidence or Argument about (A) the Oroville Dam Spillway Failure, or (B) Weather or (C) Flood Conditions in Watersheds West of the Relevant One (ECF No. Plaintiff advocated for and successfully obtained a remand from the Ninth Circuit instructing this Court to comb through the parol evidence to determine the intent of the parties regarding the objective interpretation of the contractthe very information that its primary negotiator ought to possess. (ECF No. 111) and its second motion in limine to exclude hydrological opinions of Matthew Lindon and to appoint a neutral expert (ECF No. FED. The Court heard selected oral argument on four of these motions on June 25, 2020 (ECF No. Winecup-Gamble Ranch for sale Jump to page : 1 Now viewing page 1 [50 messages per page] View previous thread:: View next thread Forums List-> Stock Talk: Message format . CV-12-1524-PHX-SRB (LOA), 2013 WL 2422691, at *3 (D. Ariz. June 3, 2013) (citations and internal quotations omitted). See NAC 535.055 ("Inflow design flood" means "a hypothetical flood of a given magnitude that is used to determine the design of a dam and its related hydraulic features. The Court finds that both arguments go not to Lindon's methodology, but to the data imputed. As part of the agreement, Defendant deposited a million dollars of earnest money in escrow. i. Winecup's contributory negligence defense is not preempted. [11769971] (BLS) [Entered: 07/28/2020 05:05 PM], (#2) Filed (ECF) Appellant Winecup Gamble, Inc. 15, 2021) (unpublished), the Ninth Circuit reversed entry of terminating sanctions, vacated the judgment, and remanded for further proceedings. 168 at 2. Appellant's optional reply brief is due 21 days after service of the answering brief. 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. iv. The parties are encouraged and permitted to file a stipulation requesting pre-admittance of any uncontested exhibits. Union Pacific's arguments in opposing Godwin's testimony are best left to cross-examination and presentation of opinion evidence by Union Pacific's own experts rather than exclusion. at 432. at 2-3. 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." ECF No. FED. 111-7 43. The schedule is set as follows: Appellant Winecup Gamble, Inc. 108 at 10. 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." The Court finds Lindon is a qualified expert in meteorology and hydrology, as it relates to his opinions in this specific case. Union Pacific motions the Court to exclude both Winecup's contributory negligence defense and Godwin's expert opinions that relate to this defense. Lastly, Union Pacific motions the Court to amend the pretrial order (ECF No. The Court is open to presiding over a bench trial via ZOOM video conferencing if the parties are amendable to such a solution. 155-5. Union Pacific's arguments on exclusion go to the weight of Lindon's testimony, not its admissibility, and are best left to cross examination and testimony by its own expert. On July 12, 2019, following this additional investigation, Winecup submitted its Supplemental Third Disclosure, which included survey information, photographs taken during the site visit, an updated model, and Lindon's conclusion that water from the 23 Mile dam did not cause the washout of the tracks at mile post 670.03. IT IS FURTHER ORDERED that default judgment is entered in favor of Defendant's Counterclaim of Declaratory Relief (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.[11771335]. Defendant rejected the property and demanded a return of its earnest money arguing (1) that the amendment did not change the original contract provision that placed the risk of loss on Plaintiff's shoulders and (2) that Plaintiff's interpretation of the contract provision is not a liquidated damages clause but an unenforceable penalty clause as five million dollars was not an accurate prediction of Plaintiff's damages. Atkinson v. MGM Grand Hotel, Inc., 98 P.3d 678, 680 (Nev. 2004). Daubert, 509 U.S. at 592-94. 3. 2:19-CV-00414 | 2019-06-17, U.S. District Courts | Contract | 3:17-CV-00163 | 2017-03-16, U.S. District Courts | Property | 154-2 at 5. Jun. See Sea-Land Serv., Inc. v. Lozen Int'l, LLC, 285 F.3d 808, 821 (9th Cir. Gordon Ranch filed a motion for judgment on the pleadings; Winecup Gamble filed its motion for summary judgment. 3:17-CV-00163-RCJ-WGC United States District Court, D. Nevada Signed Febr. . Appellant Winecup Gamble, Inc. opening brief due 10/30/2020. Gamble Ranch - Straddling the Wyoming & Utah Border It is clear to the Court based on this argument that Union Pacific intends to offer the financial information as it relates to punitive damages. Defendant Winecup Gamble, Inc.'s ("Winecup") time to file a response to Union Pacific's ("Union Pacific") Motion for Clarification (ECF No. Here, the material in the supplemental disclosure relates to Lindon's analysis after hearing Razavian's opinion from his February 2017 deposition. Given this pandemic, the Court will allow witnesses to appear by ZOOM video conferencing. 4 (Letter between counsel noting a telephone conversation on February 21, 2017 between counsel discussing their legal positions).) The three owners of the province's five franchises filed the lawsuit in Quebec Superior Court on Feb. 14. at 3. However, there is also evidence in the record that DWR instructed Winecup to complete specific tasks that were not done: The 1996 inspection report for 23 Mile dam indicates that the "wing walls at the downstream invert should have the concrete repaired," and this repair was again noted in the 2003 report. Id. Razavian declares that "[a]ccepted hydrological methodology requires a hydrologist to consider all of the above evidence in determining flow of flood water." Accordingly, the Court grants Union Pacific's eighteenth motion in limine as it relates to the cited email and denies it without prejudice as it relates to the subject as a whole. 535.300 sets forth the requirement for new construction of dams, not existing dams; and (2) because there is ample evidence that the storm that preceded 23 Mile dam's failure, exceeded a 100-year flood event. 157-2 at 10-15, 26, 30, 52. Specifically, Union Pacific requests that it be permitted to amend its witness list to include Fireman and Worden to testify via their respective depositions from Gordon Ranch, and add the information to the undisputed fact section of the Order. D.C. No. Godwin declares that he has extensive experience in railroad construction and design, and specializes in "railroad engineering, railroad construction engineering, filed supervision, damage mitigation, working in hurricane, flood, and other emergency situations, and rebuilding railroads to restore service as quickly and efficiently as possible." (See, e.g., ECF No. FED. 124) is denied. 1985). Union Pacific cites several sections of the NRS and NAC that it argues plainly apply to the Winecup dams, and letters from the State Engineer which show that Winecup was aware that certain sections of these statutes and regulations applied to the dams. ECF No. ECF No. [20-16411] (AD) [Entered: 07/29/2020 06:44 PM], (#4) The Mediation Questionnaire for this case was filed on 07/28/2020. 33 Ex. 175), are DENIED without prejudice. . 151. While section 233.13 touches on drainage, it does not substantially subsume the subject matterthere is no specified standard for culvert size or what type of culvert should be used in this circumstance. 706; Gorton v. Todd, 793 F.Supp.2d 1171, 1178 (E.D. at 4. Alternatively, even if the regulation did preempt the state common law standard, the federal standard would apply and not preclude the defense itself. Third, Plaintiff took reasonable steps to prevent the deletions. . See Wyeth v. Rowatt, 244 P.3d 765, 775 (Nev. 2010).
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