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Northeast corner of Nevada bordering Utah. While, Mr. Worden claimed that, "I could have deleted those emails right after the conversation," (ECF No. Id. Accordingly, Union Pacific's eighth motion in limine (ECF No. 107, Ex. The offending language in the email states: A statement that is offered against an opposing party and "was made by the party's agent or employee on a matter within the scope of that relationship and while it existed" is not hearsay. [11769971] (BLS) [Entered: 07/28/2020 05:05 PM], Docket(#2) Filed (ECF) Appellant Winecup Gamble, Inc. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Id. Id. Generally, all relevant evidence is admissible. 702. 122) is GRANTED in part and DENIED in part in accordance with this Order. Date of service: 07/29/2020. 89 1. Though not addressed in Winecup's motion, Union Pacific argues that it also pleads violations of NRS 535.010 to support its negligence per se theory. Union Pacific's combined fifth and sixth motion in limine to bar two opinions of Derek Godwin (ECF No. P. 37(e). 111 at 16. Lindon declared that he checked and calibrated the model ultimately determining with a "high degree of confidence that the model accurately reflects" the February 2017 flood event. 117 Ex. (citation omitted). 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. Id. 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." (Id. When a moving party satisfies these three prerequisites, two kinds of sanctions are available, but each requires proof of an additional element. 107 Ex. The amended order should include both the agreed amendments and those permitted by this Order. ECF No. Winecup Gamble Ranch. Transcript due 09/21/2020. Under Federal Rule of Evidence 702, a witness may be qualified as an expert based on his or her knowledge, skill, experience, training, or education. Snapp v. United Transportation Union, 889 F.3d 1088, 1103 (9th Cir. Union Pacific's eighteenth motion in limine to bar Winecup from offering evidence or argument about preserving the Dake dam for pike (ECF No. 166. Id. 157-31; 157-32. 2001) (citation omitted). 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." Jun. The Court therefore finds that Union Pacific has failed to provide a statute upon which to argue negligence per se; Winecup's motion (ECF No. IT IS FURTHER ORDERED that 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. ECF No. Co. v. Colorado Cas. not exclude opinions merely because they are impeachable." 143. Id. Union Pacific's motion in limine to amend the Pretrial Order (ECF No. 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. Union Pacific's sixteenth motion in limine to bar two words in an email with profane reference (ECF No. Likewise, Union Pacific's other arguments go to the weight of his testimony, not admissibility, and are best left to vigorous cross examination. 1. 2:08-CV-01243-PMP-GWF, 2008 WL 11389168, at *5 (D. Nev. Dec. 30, 2008) ("Because punitive damages are not available for negligence claims, Plaintiffs are not entitled to pursue punitive damages for the negligence, negligent hiring, and negligent misrepresentation claims."). 160-6 2. 157-2 at 10-15, 26, 30, 52. [11769734] [20-16411] (Jordan, David) [Entered: 07/28/2020 03:34 PM], Docket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. . Fed. 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." See Luce v. United States, 469 U.S. 38, 41 (1984). 2019), reassignment is appropriate to preserve the appearance of justice, see In re 3 Benvin, 791 F.3d 1096, 1104 (9th Cir. 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. United States v. Baker, 10 F.3d 1374, 1403 (9th Cir. Id. Paul Fireman, Winecup Gamble, Inc. and Winecup Ranch, LLC: Case Number: 3:2017cv00477: Filed: August 10, 2017: Court: US District Court for the District of Nevada: Office: Reno Office: . ///. Union Pacific requests the Court appoint a neutral expert to help the Court "understand" the scientific opinions of the parties' experts. (See, e.g., ECF No. C. Patrick Bates 801-560-4259 cpb@bateslandco.com. 1993) (internal quotation marks omitted), overruled on other grounds by United States v. Nordby, 225 F.3d 1053 (9th Cir. iii. In April 2018, the parties deposed Holt and Quaglieri, and in April 2019, the parties deposed Opperman. Id. 135) is DENIED in part and GRANTED in part. 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. P. 26(a)(2)(B) (emphasis added). 131), and reserves any ruling on this issue for trial. According to ZoomInfo records, James Rogers's professional experience began in 2015. If you do not agree with these terms, then do not use our website and/or services. The Court finds that multiple exhibit binders each with a few hundred exhibits is impractical and unnecessary given the electronics available in the courtroom. "This general proposition should not be overstated, however, because it applies only where the purportedly conflicting evidence truly, and without good reason or explanation, is in conflict, i.e., where it cannot be deemed as clarifying or simply providing full context for the Rule 30(b)(6) deposition." 108 at 10. 139-4 at 4. 422 (S.D.N.Y. Winecup Gamble, Inc. v. Ranch | 3:17-cv-00163-ART-CSD | D. Nev 122) is granted in part and denied in part. [11762326] (JBS) [Entered: 07/22/2020 02:44 PM], U.S. Courts Of Appeals | Property | Union Pacific requests that Winecup be barred from offering evidence or argument that a non-party is comparatively negligent, arguing that, under Nevada law, such evidence is irrelevant. And, neither Mr. Fireman nor Mr. Worden are able of producing these text messages. Union Pacific's fifteenth motion in limine to bar one paragraph in email referencing contract truck driver incidents (ECF No. Plaintiff relied on the amendment to say that the earnest money was not refundable for casualty losses. (citing Beaver Valley Power Co. v. Nat'l Eng'g & Contracting Co., 883 F.2d 1210, 1221 (3d. The lead plaintiff in the lawsuit, Montreal resident Qing Wang, lost $11,720 to enrolment fees charged by C.S.T. 2:21-CV-00183 | 2021-03-26, U.S. District Courts | Contract | Accordingly, Plaintiff did not perform reasonable steps to preserve the information. The schedule is set as follows: Appellant Winecup Gamble, Inc. 108.) (ECF No. (ECF No. 12. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. Under Nevada law, punitive damages are available in a negligence suit "where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied[.]" Union Pacific provides that it does not intend to proffer any evidence related to non-party Paul Fireman. This model is "industry standard used by the Army Corps of Engineers . 3d 949, 959 (N.D. Cal. ECF Nos. Amended briefing schedule: Appellant Winecup Gamble, Inc. opening brief due 06/21/2021. 167. The decision on a motion in limine is consigned to the district court's discretionincluding the decision of whether to rule before trial at all. 112.) D.C. No. In Winecup's sixth and final motion in limine, it motions the Court to exclude evidence and argument related to the financial condition of Winecup, Paul Fireman, or the sale of Winecup Gamble Ranch in 2019, as it is irrelevant and would be unfairly prejudicial. 2016)) (emphasis provided by Snapp). 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. 3.) R. EVID. The schedule is set as follows: Appellant Winecup Gamble, Inc. Lindon created a hydrological model that simulates the February 2017 flood using the Hydrologic Modeling System created by the Hydrologic Engineering Center within the U.S. Army Corps of Engineers (known as "HEC-HMS"). Accordingly, the Court grants in part and denies in part Union Pacific's twenty-first motion in limine to amend the pretrial order. winecup gamble ranch llc. Winecup opposes, arguing that (1) it has not admitted these facts and they are not "undisputed;" (2) the facts are irrelevant; (3) Worden is a third-party witness whose deposition testimony is not admissible under Federal Rule of Evidence 801(d)(2) and Federal Rule of Civil Procedure 32(a)(8); and (4) that Union Pacific's failure to conduct this discovery during this case precludes it from now using the information.