winecup gamble ranch lawsuit

We are so incredibly thankful that Patrick Bates and David Packer of Bates Land Consortium, Inc chose us to produce this mammoth of a marketing video. 2001) (citation omitted). At nearly a million acres, the Winecup Gamble Ranch, a mountainous Nevada spread hard up against the Utah border, puts Rhode Island to shame. 191 at 2, n.1. When a party challenges the correctness of the opposing party's expert's testimony, "its recourse is not exclusion of the testimony, but, rather, refutation of it by cross-examination and by the testimony of its own expert witnesses." 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. Transcript due 09/21/2020. Winecup also argues that Razavian's opinion on the subject should be excluded under Federal Rule of Evidence 702 because he does not rely on sufficient facts or data and does not use or apply reliable principles and methods to reach his opinion. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . That is part of the adversarial processboth sides present their expert's opinions, challenging each other where they think the other erred, and then it is up to the jury to decide whom to believe. Such that there is virtually no chance of its being exceeded."). [20-16411] (AD) [Entered: 07/29/2020 06:44 PM], Docket(#5) Filed (ECF) Appellee Gordon Ranch LP Mediation Questionnaire. at 45, 50. See Part III.A.1.iii. 126) is denied. Because Union Pacific cannot rely on these administrative regulations to support negligence per se, the Court grants Winecup's motion as it relates to these and any other administrative regulation Union Pacific would consider proffering in support. The Court agrees with Winecup. IT IS FURTHER ORDERED that Winecup's third motion in limine to exclude argument related to Union Pacific's claim for negligence per se (ECF No. 163. 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]. Though the Winecup Gamble does not cover 3 million acres anymore, it is still a large ranch operating on about 1,000,000 acres of the original ranch running Brangus and Angus cattle bred to Herefords. Ins. [12050510] (BLS) [Entered: 03/23/2021 10:57 AM], (#4) MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 03/31/2021, 12:00 p.m. PACIFIC Time. Winecup intends to introduce Godwin's opinion as evidence of what size culverts should be used based on the industry standard. Gallo v. Union Pacific R.R. Lindon is a qualified expert in hydrology and meteorology. ///. [12077160] (AF) [Entered: 04/16/2021 11:36 AM], (#5) MEDIATION CONFERENCE RESCHEDULED - DIAL-IN Assessment Conference, 04/14/2021, 9:30 a.m. Pacific Time (originally scheduled on 03/31/2021). Accordingly, Union Pacific's nineteenth motion in limine is granted. Accordingly, the Court enters such a sanction and closes the case. The Court disagrees. ECF No. Applying this test, the Court finds that Defendant has satisfied its burden. P. 32(a)(3) ("An adverse party may use for any purpose the deposition of a party or anyone who, when deposed, was the party's officer, director, managing agent, or designee under Rule 30(b)(6) or 31(a)(4)."). Id. Mediation Questionnaire due on 03/16/2021. 164. 135. The lawsuit would cover athletes who were training and competing between 2010 and 2020, and seeks compensation of $250,000 for punitive damages, as well as moral damages in the amount of $12,000 . From a plain reading of this Rule, it is clear to the Court that a written expert report is only required if the expert is retained. Some are as large as 67,000 acres, adds Bates' associate David Packer. The Court is satisfied that this procedure was effective at the time. ECF No. See Sea-Land Serv., Inc. v. Lozen Int'l, LLC, 285 F.3d 808, 821 (9th Cir. at a trial, unless the failure was substantially justified or is harmless." While Union Pacific pleads that it "may rely on additional statutes and administrative codes that may become known to be applicable in the future," it does not list any Nevada Revised Statute that would provide the basis for its negligence per se claim. UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, Plaintiff, v. WINECUP RANCH, LLC, an Idaho Limited Liability Company; and WINECUP GAMBLE, INC., a Nevada corporation; and PAUL FIREMAN, an individual, Defendants. (ECF No. winecup gamble ranches llc. 3:21-CV-00226 | 2021-05-14, U.S. District Courts | Contract | . Appellee Gordon Ranch LP answering brief due 11/30/2020. Because we find that the parties' agreement is ambiguous and because the district court does not appear to have considered this issue previously, we do not address Gordon Ranch's argument that the earnest money cannot be awarded to Winecup, because such an award would necessarily render the earnest money provisions of the parties' agreement an unenforceable penalty clause. (See, e.g., ECF No. Godwin calculated the cost of rebuilding the embankments using data from RS Means 2018 and adjusted the total to 2017 prices. 4. Union Pacific cites an email from Bill Nisbet to James Rogers, in which he states: It is unclear whether the parties are referring to the Federal or State agency. 142) is GRANTED, as exhibits 10 and 11 contain information Union Pacific has marked "Confidential" under the Court's April 17, 2018 protective order and the request to seal is unopposed by Winecup. Public Records Policy. ECF No. ECF No. Union Pacific's fourteenth motion in limine to bar evidence or argument about consulting experts (ECF No. Section 42.001(1) "plainly requires evidence that a defendant acted with a culpable state of mind," and the defendant's conduct "at a minimum, must exceed mere recklessness or gross negligence." 207 ) is extended . ECF No. 171 at 4-5. ECF No. Joe Glascock is a General Manager at Winecup Gamble Ranch based in Montello, Nevada. ECF No. 156. 193) is GRANTED in part and DENIED in part in accordance with this Order. Id. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . 2:19-CV-00520 | 2019-07-23, U.S. District Courts | Personal Injury | Story continues below advertisement. 157-31; 157-32. Importantly, the parties dispute whether the February 2017 storm was greater or less than a 100-year storm eventUnion Pacific's expert concluded that the storm event did not exceed the 100-year event, while Winecup's expert, Lindon, concluded that it did. 122 at 2. 1) is DISMISSED WITH PREJUDICE. However, Plaintiff appealed, and the Ninth Circuit reversed and remanded holding that the intent of the parties was not clear as to whether they meant for the amendment to trump the original agreement's risk of loss language. No other issues will be entertained without leave of the Court. Id. CSX Transp., Inc. v. Easterwood, 507 U.S. 658, 664 (1993). Id. Winecup opposes, arguing that the proposed instructions are improper standard of care instructions for a negligence case, the proposed list is biased in favor of Union Pacific, and if the Court is inclined to give such instructions, then it should also preliminarily instruct the jury as to all elements of negligence in a neutral and accurate manner. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. 133) is denied without prejudice. While a degree or certificate in a certain area is helpful to support expert qualification, a witness can be qualified by "knowledge, skill, experience, [or] training," as well as education. WINECUP GAMBLE, INC. V. GORDON RANCH LP, No. 20-16411 (9th Cir. 2021) (ECF No. Public Records Policy. 175), are DENIED without prejudice. Amended briefing schedule: Appellant Winecup Gamble, Inc. opening brief due 06/21/2021. 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. Winecup Gamble, Inc. v. Ranch | 3:17-cv-00163-ART-CSD | D. Nev Lindon used "data from the U.S. Geological Survey stream gages and Nation Weather Service stations to help form the model and calibrate the results." On May 13, 2020, two days before Winecup filed this opposition, it served Union Pacific with a supplemental expert disclosure that provided that Winecup intended to call Luke Opperman, and April Holt and Edward Quaglieri (additional individuals that inspected Winecup's dams), as non-retained experts. Finally, as an adjunct professor in Civil Engineering at the University of Utah, Lindon taught a graduate level course that included water management and hydrometeorology. i. Winecup's contributory negligence defense is not preempted. 108 19. Johnson v. Dunnahoe, Case No. ECF No. On 03/13/2017 Gordon Ranch LP filed a Property - Other Real Property lawsuit against Winecup Gamble Inc.This case was filed in U.S. District Courts, Nevada District. Union Pacific argues that not only does NRS 535.030 provide an appropriate basis for its negligence per se claim, but so does NRS 535.010. 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. This is the subject of Winecup's first motion in limine; therefore, Union Pacific's arguments will be addressed below. For clarity, the Court address the parties' competing motions for exclusion together here. Union Pacific does not allege a claim for gross negligence, but simply makes a claim for negligence. See Luce v. United States, 469 U.S. 38, 41 (1984). 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. Accordingly, Union Pacific's third motion in limine (ECF No. 149) is GRANTED. (ECF No. 2:21-CV-00183 | 2021-03-26, U.S. District Courts | Contract | (Id.) A at 14.)
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