The Court is open to presiding over a bench trial via ZOOM video conferencing if the parties are amendable to such a solution. 3:17-cv-00477-LRH-CLB (D. Nev. Dec. 4, 2020). Understanding the gambling laws of Canada - Mtltimes.ca (ECF No. REVERSED, VACATED, and . Briefing is not to exceed 15 pages of argument , excluding tables of contents and authorities and administrative notices. It also helps that the Winecup Gamble has so many pastures to choose from. Union Pacific argues that the Dake dam's inoperable outlet and failed embankment section near the spillway intensified the flood waters and contributed to the damage to Union Pacific's tracks, and had an emergency action plan been in place, these inadequacies would have been addressed. Union Pacific may add these facts to the statement of contested issues of fact and Winecup will likewise be permitted to list the facts contested. 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. 3:17-cv-00163-RCJ-VPC MEMORANDUM Appeal from the United States District Court for the District of NevadaRobert Clive Jones, District Judge, Presiding Argued and Submitted December 17, 2018 San Francisco, California Before: CALLAHAN and N.R. (internal quotations and citations omitted)). Godwin's opinion on reconstruction costs is admissible. Ins. See NAC 535.140. [12101491] (DLM) [Entered: 05/04/2021 12:13 PM], Docket(#7) Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Winecup Gamble, Inc.. New requested due date is 06/21/2021. If you do not agree with these terms, then do not use our website and/or services. (ECF No. The court's role is to "screen the jury from unreliable nonsense opinions, . Additionally, Union Pacific requests the Court appoint a neutral expert to be either a technical advisor to the Court or expert witness. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Id. 125. CV-12-1524-PHX-SRB (LOA), 2013 WL 2422691, at *3 (D. Ariz. June 3, 2013) (citations and internal quotations omitted). While ultimately whether to award punitive damages is a question for the jury, the district court must first make a "threshold determination that a defendant's conduct is subject to this form of civil punishment." 2004); see Mizzoni v. Allison, 2018 WL 3203623 at*5 (D. Nev. 2018) (citing to Zubulake). 131) is DENIED without prejudice. R. EVID. [12029509] (JBS) [Entered: 03/09/2021 01:23 PM], U.S. District Courts | Property | Full title:WINECUP GAMBLE, INC., a Nevada corporation, Plaintiff, v. GORDON RANCH, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEVADA. 152) is GRANTED in part and denied in part. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . 195. R. CIV. [12077160] (AF) [Entered: 04/16/2021 11:36 AM], Docket(#5) MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Assessment Conference, 04/14/2021, 9:30 a.m. Pacific Time (originally scheduled on 03/31/2021). And the best part of all, documents in their CrowdSourced Library are FREE! ), In February 2017, after executing the amendment and before the closing date, substantial flooding damaged the property. [11770779] [20-16411] (Lundvall, Pat) [Entered: 07/29/2020 01:50 PM], (#3) MEDIATION ORDER FILED: By 08/11/2020, counsel to email Circuit Mediator regarding settlement potential. (ECF No. 14. While Plaintiff claims that it orally informed Mr. Worden to preserve ESI, this is woefully inadequate as discussed above, but evinces that Plaintiff and Mr. Worden knew they had a duty to preserve the ESI. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Winecup owned and managed the Dake Reservoir dam (ID #NV00109, legal description 189DN40 E70 07D) and 23 Mile dam (ID #NV00110, legal description 189CN42 E67 15BA), both located on Thousand Springs Creek, in Elko County, Nevada. Rather, "proof of a deviation from an administrative regulation is only evidence of negligence; not negligence per se," and likewise, "proof of compliance with such a regulation" is not proof of due care, but simply evidence of such care. This provision does not fix a standard legal duty; it is much too broad and leaves open to interpretation what work is necessary for dam owners to maintain and operate their dams safely. Cancellation and Refund Policy, Privacy Policy, and P. 37(e). 1:20-CV-00126 | 2020-09-29, U.S. District Courts | Personal Injury | Altogether, both ranches encompass one million acres257,000 are deeded, and the remainder is private leases. ECF No. /// ///. The parties have submitted a total of 27 motions in limine. Whether an Act of God caused 23 Mile dam's failure and subsequent flooding and damage to Union Pacific's railroad tracks is an issue of fact for the jury. 2. C 06-04435 CRB, 2007 WL 963422, at *1 (N.D. Cal. Co., Case No. Id. Co. v. Mendelsohn, 552 U.S. 379, 384-87 (2008). Little pre-trial motion practice has occurred in this case other than the 27 pending motions in limine. 13. Humetrix, Inc. v. Gemplus S.C.A., 268 F.3d 910, 919 (9th Cir. (ECF No. FED. Winecup Gamble Ranch - 42 North Land Co. ECF No. Union Pacific argues that good cause appears to permit videoconferencing under Federal Rule of Civil Procedure 43(a) due to the COVID-19 pandemic. Here, both parties have retained their own experts, and as discussed below, all are qualified. See Land Baron Ivs., Inc. v. Bonnie Springs Family LP, 356 P.3d 511, 522 (Nev. 2015) (affirming an award of punitive damages for a nuisance counterclaim); Parkinson v. Winniman, 344 P.2d 677, 678 (Nev. 1959) (holding that an award of exemplary damages was proper upon proof of intentional trespass). Winecup opposes, arguing that Union Pacific cites no authority or foundation for the Court on which to make such a ruling. 122) is granted in part and denied in part. Id. ECF No. Union Pacific owns railroad track that runs through 23 Western states, a portion of which runs east/west across the Utah/Nevada state line and through Elko County, Nevada. Once a prevailing party has been determined, that party should be allowed to request or move for an award of reasonable attorneys' fees, as such an award is available to the prevailing party under the plain terms of the agreement. 175-1. 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. [12043650] [21-15415] (Peterson, William) [Entered: 03/16/2021 05:14 PM], Docket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Cattle ranch located in Northeastern Nevada, where our goal is to provide a healthy and wholesome be Winecup Gamble Ranch | Montello NV Transcript ordered by 08/21/2020. Winecup argues this would apply to all of Union Pacific's witnesses. 143) is DENIED. A 44:19-45:1.) ///. 16. Lindon's expert testimony is admissible. [20-16411] (AD) [Entered: 07/29/2020 06:44 PM], Docket(#5) Filed (ECF) Appellee Gordon Ranch LP Mediation Questionnaire. . A at 14.) ECF No. Date of service: 03/16/2021. 34 Ex. ECF No. 160-4 at 6. The State Engineer is also authorized to inspect all dams and order dam owners to make modifications and alterations necessary for safety, which presumably is based on the hazard classification of the dam. See NRS 535.030. S.E.C. This short-term action was again noted in the 2016 inspection report which would indicate that Winecup had failed to provide these plans for 20 years. 34 Ex. Winecup concedes that an accepted methodology includes using topographical survey data to determine if it is possible for water to escape one drainage and enter another. 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 finds that Lindon's opinions on both meteorology and hydrology are reliable. at 44:8-14). ECF No. Winecup Gamble, Inc. v. Gordon Ranch LP | D. Nevada | 03-17-2022 | www 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." ECF No. Union Pacific argues that doing so would enable a smooth presentation of exhibits to the jury. 123) is denied. Further, evidence may be excluded when there is a significant danger that the jury might base its decision on emotion, or when non-party events would distract reasonable jurors from the real issues in a case. "When experts serve as testifying witnesses, the discovery rules generally require the materials reviewed or generated by them to be disclosed, regardless of whether the experts actually rely on those materials as a basis for their opinions." Union Pacific argues that because Winecup was required under Nevada law to maintain the 23 Mile dam to withstand a 100-year flood event and the Dake dam to withstand a 1000-year flood event, the failure of the dams and the subsequent flooding could not be considered "abnormal" or free from "human assistance or influence" such that Winecup could prove the prima facia elements of the defense. The Judges overseeing this case are Robert C. Jones and Valerie P. Cooke. 15, 2021) (unpublished), the Ninth Circuit reversed entry of terminating sanctions, vacated the judgment, and remanded for further proceedings. The Court agrees with this case and holds that the 2015 amendment did not lessen Plaintiff's burden. Id. (Id.). 3:17-CV-00477 | 2017-08-10, U.S. District Courts | Other | 1993) (internal quotation marks omitted), overruled on other grounds by United States v. Nordby, 225 F.3d 1053 (9th Cir. Winecup does not oppose this request. Appellee Gordon Ranch LP answering brief due 07/21/2021. [12048869] (BLS) [Entered: 03/22/2021 11:05 AM], (#2) Filed (ECF) Appellant Winecup Gamble, Inc. See, e.g., Mallard Bay Drilling, Inc. v. Bessard, 145 F.R.D. 112 at 10-12. Finally, because Winecup has not "admitted" the facts as presented by Union Pacific, the Court will not permit Union Pacific to add the information to the "undisputed facts" section of the pretrial order. Terminating Sanctions Reversed After Oral Litigation Hold Goes Awry 3:17-cv-00477-LRH-CLB, 2020 WL 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. [20-16411] (AD) [Entered: 07/28/2020 06:44 PM], Docket(#3) MEDIATION ORDER FILED: By 08/11/2020, counsel to email Circuit Mediator regarding settlement potential. Ex. 133) is denied without prejudice. Godwin's opinions on pre-flood design structures are admissible. The Court finds that NAC 535.240 is not a "first-time" interpretive regulation. IT IS FURTHER ORDERED that Winecup's second motion in limine to exclude evidence and argument that NAC 535.240 applies to the 23 Mile and Dake dams (ECF No. 37, 89. vigorous cross-examination and presentation of contrary evidence, not exclusion, are the appropriate means of attacking whether Lindon used the "best" or "most accurate" data points, and therefore created an accurate model of the flood event. The optional reply brief is due 21 days from the date of service of the answering brief. See Hal Roach Studios Inc. v. Richard Feiner and Co., 896 F.2d 1542, 1550 (9th Cir. Winecup Gamble, Inc. v. Gordon Ranch LP - UniCourt 3:17-CV-00163-RCJ-WGC United States District Court, D. Nevada Signed Febr. ECF No. Federal Rule of Evidence 702 governs the admissibility of expert testimony, providing: To determine the reliability of the principles and methods used, the court looks to: (1) whether a theory or technique can be or has been tested; (2) whether it has been subjected to peer review and publication; (3) the known or potential rate of error; (4) whether there are standards controlling the technique's operation; and (5) whether the theory or technique has general acceptance within the relevant scientific community. Ind. Winecup further argues that neither a Daubert hearing nor a neutral expert are necessary. The Court finds that this trial presents no extenuating circumstance or reason to deviate from this process, especially given that the parties are not in agreement as to any of the proposed instructions. Joe Glascock is a General Manager at Winecup Gamble Ranch based in Montello, Nevada. 108 at 10. ECF No. Winecup opposes this request as unnecessary. 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.
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