Id. Winecup Gamble Ranch on Vimeo The Court heard selected oral argument on four of these motions on June 25, 2020 (ECF No. He declares that he has been "personally involved with rerouting for a Class 1 railroad approximately twelve times over the past six years." 164. 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. ECF No. 18. See General Order 2020-03. The Court will not conflate the question of admissibility with the weight to be given the testimony by considering the persuasiveness of competing scientific methods; those questions are for the fact finder. 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. 1985). 2:19-CV-00414 | 2019-06-17, U.S. District Courts | Contract | 91). Fed. On or about February 8, 2017, the 23 Mile dam overtopped and breached in two locations. ECF No. The electronic display system further allows the parties to show the electronic exhibit to the witness first, before it is published to the jurors, and the witness may make useful electronic marks on the exhibit, such as circling or pointing to relevant portions. Id. Cattle ranch located in Northeastern Nevada, where our goal is to provide a healthy and wholesome be Winecup Gamble Ranch | Montello NV See order for instructions and details. 112, 2:15-22.) P. 26(a)(2)(C). 112) are denied. 139 at 8. 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." Accordingly, the Court denies Union Pacific's tenth motion in limine (ECF No. Union Pacific does not provide the actual language of a proposed instruction, but simply lists the statutes and regulations upon which it proposes the parties craft preliminary instructions. P. 37(e). As of December 2015, Federal Rule of Civil Procedure 37(e) provides the specificand onlybasis for sanctions for spoliation of ESI, which was substantially amended to accommodate advances in technology and provide uniformity among the circuits. First, the evidence shows that the ESI was deleted after a duty arose to preserve it. Alamo Airways, Inc. v. Benum, 374 P.2d 684, 686 (Nev. 1962). (Id. Union Pacific does not allege a claim for gross negligence, but simply makes a claim for negligence. 111, 112, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 139, 175, 176 & 193), and 6 motions in limine filed by Winecup Gamble, Inc. ("Winecup") (ECF Nos. 195. This statute, titled Construction, reconstruction or alteration of dam: Permit to appropriate water required; notice; approval of plans and specifications; inspection; exemptions; penalty, provides: Union Pacific further argues that Winecup "abandoned" the Dake dam which constitutes an "alteration" within the meaning of NRS 535.010 and required Winecup to submit a plan for approval, which it failed to do. 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. 2000). (citing Smiley v. Citibank (South Dakota), N.A., 517 U.S. 735, 744 n.3 (1996)). . ECF No. Case No. 2002) (finding that when proper foundation for the authenticity of an employee's email has been laid, and the email was sent within the scope of employment, the email is admissible under Federal Rule of Evidence 801(d)(2)(D)).
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