ECF No. Therefore, the Court finds that only the drastic case dispositive sanctions are appropriate in this case. 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. ECF No. Id. A reasonable jury could find punitive damages are warranted if it finds that Winecup acted with conscious disregard of the downstream property owners. ECF No. 2. A at 43:24-25), he also admits that the emails could have been deleted later by receiving a new computer or by failing to change his backup setting (Id. 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. 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. Razavian provides that his opinion on the mile post 670.03 washout is based on (1) his personal aerial observations and photographs taken of the area during a February 11, 2018 helicopter ride; (2) the lay of the vegetation in the area and damage to track embankments; (3) review of a topographic map of the area and the features of the land; (4) a photograph take by a news helicopter the day of the flood; (5) the presence of ice blocks on the tracks between mile post 669 at 670; and (6) an account in the Elko Daily from an NDOT Sheriff who noted that the water went around the Dake Reservoir. ROBERT C. JONES United States District Judge ORDER Defendant moves for sanctions against Plaintiff alleging that its agents spoliated valuable electronically stored information (ESI). However, as applied and in context, the terms of the parties' amended agreement are ambiguous on the point of whether the contract was intended to shift the risk-of-loss scheme. These facts are sufficient for the Court to draw an inference that Mr. Worden acted intentionally. Winecup's second and third motions in limine also relates to the standard of care to be used in this negligence case. Therefore, the Court denies Union Pacific's eleventh and nineteenth motions in limine. See Sagebrush, Ltd. v. Carson City, 660 P.2d 1013, 1015 (Nev. 1983) ("Whether a legislative enactment provides a standard of conduct in the particular situation presented by the plaintiff is a question of statutory interpretation and construction for the court. Winecup Gamble Ranch is part of the Agriculture industry, and located in Nevada, United States. A.) (Id.) Winecup objects to the presentation of exhibit binders arguing that doing so would require the court to rule on the admissibility of all contested exhibits prior to trial, and that given the number of exhibits, juror binders are "impractical, burdensome, and awkward." Godwin calculated the cost of rebuilding the embankments using data from RS Means 2018 and adjusted the total to 2017 prices. ECF No. Nevertheless, Mr. Worden claims that he does not have the emails anymore as a result of a company policy to not preserve emails (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. See Part III.A.1.iii. (ECF No. ECF No. 129. IT IS FURTHER ORDERED that all other motions are DENIED AS MOOT. 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. 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. 120-1 at 5. "The fact that the parties' experts have a divergence of opinion does not require the district court to appoint experts to aid in resolving such conflicts." Why is this public record being published online? 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. (Id. FED. Ins. "); NAC 535.080 ("Probable maximum flood" means "a hypothetical flood whose magnitude is: 1. 191 at 2, n.1. .." Id. 132) is granted. 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. (ECF No. While this disclosure is technically untimely, it was harmless; therefore, the procedural failure does not provide a basis for exclusion under Rule 37. The State Engineer will assign all dams a hazard classification. Appellee Gordon Ranch LP answering brief due 07/21/2021. However, Union Pacific may present this evidence only in the secondary proceeding to determine the amount of punitive damages, should the case reach this proceeding. ON-SITE RAIL SPUR AND 2 LANDING STRIPS. ECF No. Union Pacific's tenth motion in limine requesting that the Court instruct the jury before trial about certain laws that apply to Nevada dam owners (ECF No. Generally, all relevant evidence is admissible. This is the subject of Winecup's first motion in limine; therefore, Union Pacific's arguments will be addressed below. 1. 1986) (citing Georgia-Pacific Corp. v. U.S., 640 F.2d 328, 334 (Ct. Cl. at 3. The Court's "inquiry into admissibility is a flexible one," in which the Court acts only as a gatekeeper, not a factfinder. The record supports that Winecup had policies and procedures for monitoring and inspecting the dams, including the water level, inflow, and operational controls. If the parties determine that a jury trial is necessary, the Court would expect the participating attorneys to appear in-person, but it would again leave it to each party's counsel to determine which of its witnesses would appear by video or in-person. And emails by a party's agent or employee, when a proper foundation is laid, that shows the statements were made within the scope of employment, may constitute opposing party statements. Union Pacific filed its original complaint on August 10, 2017, against Winecup Gamble, Winecup Ranch, LLC, and Paul Fireman. Make your practice more effective and efficient with Casetexts legal research suite. 155. 3:17-cv-00477-LRH-CLB, 2020 WL Description PROPERTY HAS A PROVEN SOURCE OF AT LEAST 60,000 ACRE FEET OF WATER AND ALL RIGHTS TO THAT WATER. Joe Glascock is a General Manager at Winecup Gamble Ranch based in Montello, Nevada. Union Pacific's sixteenth motion in limine to bar two words in an email with profane reference (ECF No. (ECF No. Id. Such that there is virtually no chance of its being exceeded."). The lead plaintiff in the lawsuit, Montreal resident Qing Wang, lost $11,720 to enrolment fees charged by C.S.T. 14. Gordon Ranch attempted to purchase real property located in northern Nevada from Winecup Gamble in 2016. The parties have submitted a total of 27 motions in limine. Winecup Gamble, Inc. v. Gordon Ranch LP | D. Nevada | 03-16-2022 | www
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