122 at 2. at 813 (internal quotation marks and citations omitted). ECF No. The Ninth Circuit has held that the "[a]uthority to determine the victor in such a 'battle of expert witnesses' is properly reposed in the jury." Union Pacific argues that doing so would enable a smooth presentation of exhibits to the jury. 124) is DENIED. FED. (Id.) See ECF No. P. 26(a)(2)(C). The Court generally instructs the jury preliminarily on issues related to trial procedure, the judge's duties and role, and the jurors' role and responsibilities in a civil case. These facts are sufficient for the Court to draw an inference that Mr. Worden acted intentionally. Union Pacific's eighth motion in limine to bar evidence or argument that a non-party is comparatively negligent (ECF No. FED. IT IS FURTHER ORDERED that Union Pacific's seventeenth motion in limine to bar Winecup from providing trial testimony that contradicts its Rule 30(b)(6) witness's deposition testimony (ECF No. H at 1 (Privilege Log noting that Mr. Worden sent an email with the Bates Number "REV00000041" summarized as "Email re response to Margaret Ludewig" dated March 6, 2017.). IT IS FURTHER ORDERED that Union Pacific's fourth motion in limine to pre-admit exhibits for use in juror binders (ECF No. Altogether, both ranches encompass one million acres257,000 are deeded, and the remainder is private leases. Defendant moves for sanctions against Plaintiff alleging that its agents spoliated valuable electronically stored information (ESI). 190. 132) is granted. 160-4 at 26. Great Ranches of the Great Basin - American Cowboy ii. 2011). 3:21-CV-00226 | 2021-05-14, U.S. District Courts | Contract | 111 at 16. (ECF No. Winecup does not dispute that some of Nevada's dam statutes and regulations apply to its 23 Mile and Dake dams; however, it argues that a blanket ruling that it can't argue that any of these regulations or statutes do not apply is overbroad and contrary to a plain reading of many of the sections. 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.[11770017]. Bard, Inc., Case No. This model is "industry standard used by the Army Corps of Engineers . Id. . ECF No. 21-15415 | 2021-03-09, U.S. District Courts | Property | Lindon and Razavian are both experts in their fields but have come to differing conclusions on soil saturation. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . . Winecup's late Supplemental Third Disclosure regarding Lindon's rebuttal opinion on the washout at mile post 670.03, while untimely, is harmless, and Lindon's opinions are admissible. IT IS FURTHER ORDERED that Union Pacific's fifth and sixth motions in limine to Bar Two Opinions of Derek Godwin (ECF No. NRS 42.005(1). ECF No. 123) is denied. Because Winecup's arguments go to the weight of Razavian's opinion on the subject, not admissibility of his opinions, the Court denies Winecup's first motion in limine (ECF No. (emphasis added) While defendant's purported compliance with FAA regulations and maintenance protocols is, , No. UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Little pre-trial motion practice has occurred in this case other than the 27 pending motions in limine. Joe Glascock's Phone Number and Email Last Update. And, "[u]nless otherwise stipulated or ordered by the court, this disclosure must be accompanied by a written report--prepared and signed by the witness--if the witness is one retained or specially employed to provide expert testimony in the case or one whose duties as the party's employee regularly involve giving expert testimony." While supplementation almost a year a half after the deposition is untimely, the Court finds that Union Pacific has had more than enough time to consider this opinion and consult with its own expert on the subject such that it has not not been prejudiced by this supplemental disclosure. Alamo Airways, Inc. v. Benum, 374 P.2d 684, 686 (Nev. 1962). 127) is denied without prejudice. Id. See Daubert, 509 U.S at 596 ("Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence."). 401. The American Landowner: James Rogers - The Land Report Fifth, the ESI was deleted without the intent to deprive Defendant of evidence. 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." ECF No. Gallo v. Union Pacific R.R. 141. for two RESP plans he'd opened for his two children, the lawsuit alleges. (Id.). Winecup Gamble Ranch corporate office is located in #1 Winecup Rd, Montello, Nevada, 89830, United States and has 4 employees. Owners Russell Wilkins and Martin Wunderlich had divided the ranch in 1945. 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." 120-1. 1993) (finding that because the parties retained their own qualified experts, the appointment of a neutral expert was "not likely to enlighten or enhance the ability of the Court to determine the pending issue."). Winecup's second and third motions in limine also relates to the standard of care to be used in this negligence case. The provinces allowed casino games as well as horse tracks, and video lottery terminals. Union Pacific argues that Winecup should be precluded from arguing before the jury that any of Nevada's dam statutes and regulationsNevada Revised Statutes ("NRS") 535.005 et seq. Here, neither party disputes that Opperman, Holt, or Quaglieri are not retained experts, and therefore, if Winecup intends for them to present evidence under Federal Rules of Evidence 702, 703, or 705, Winecup was only required to disclose "(i) the subject matter on which the witness is expected to present evidence;" and "(ii) a summary of the facts and opinions to which the witness is expected to testify." Union Pacific rebuilt these areas with steel bridges instead of rebuilding the embankments and culverts. On the other hand, harsher sanctions are available if the moving party shows that the nonmoving party acted with the intent to deprive the moving party of the information's use in the litigation, then the Court may (1) presume that the lost information was unfavorable to the party, (2) instruct the jury that it may or must presume the information was unfavorable to the party, or (3) dismiss the action or enter a default judgment. 37, 89), to which Winecup has answered (ECF No. ECF Nos. Previously, Joe was a Student at King Ranch and also held pos itions at Roaring Springs Ranch Club. 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. See FED. Winecup motions the Court exclude the opinions and testimony of Union Pacific's hydrology expert, Daryoush Razavian, regarding the washout at mile post 670.030. 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." See Daubert, 509 U.S. at 596. ii. Winecup Gamble Ranch is part of the Agriculture industry, and located in Nevada, United States. Winecup opposes the motion, arguing that it is permitted to argue and offer evidence that they are either not negligent or that another party is completely negligent. Phillips v. C.R. 88.) 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." "The decision of whether to allow the jury to take notes is left entirely to the discretion of the trial court." The Court will however leave open the ability for parties to prepare jury binders solely for evidence that has been admitted during trial for the jurors to take with them into the jury room for deliberations if the parties prefer that over the electronic exhibits. In its second motion, though Union Pacific concedes that Lindon is qualified to opine on hydrology, it argues that his opinions should be excluded because his methodology and data were flawed. Both parties appeal. 3:19-CV-00700 | 2019-11-20.
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