j***@winecupgambleranch.com. (Id.) Campbell Industries v. M/V Gemini, 619 F.2d 24, 27 (9th Cir. And the best part of all, documents in their CrowdSourced Library are FREE! Under the provision, Plaintiff bore the risk of loss until closing, where, in the case of casualty loss before closing, Defendant had the option to take the property as-is with insurance proceeds or to reject the property and take back its earnest money. 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. While supplementation almost a year a half after the deposition is untimely, the Court finds that Union Pacific has had more than enough time to consider this opinion and consult with its own expert on the subject such that it has not not been prejudiced by this supplemental disclosure. While section 233.13 touches on drainage, it does not substantially subsume the subject matterthere is no specified standard for culvert size or what type of culvert should be used in this circumstance. See General Order 2020-03. Winecup-Gamble Ranch for sale Jump to page : 1 Now viewing page 1 [50 messages per page] View previous thread:: View next thread Forums List-> Stock Talk: Message format . All foota. Razavian testified that it was his opinion that the "destructive force" of the runoff associated with the "flood pulse" from the 23 Mile dam failure washed out the tracks. Lindon's opinion on the subject remained the same in this disclosure as it was in his prior report. Case No. [12043650] [21-15415] (Peterson, William) [Entered: 03/16/2021 05:14 PM], Docket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. Winecup Gamble Ranch - 42 North Land Co. 1996) ("By attempting to evaluate the credibility of opposing experts and the persuasiveness of competing scientific studies, the district court conflated the questions of the admissibility of expert testimony and the weight appropriately to be accorded such testimony by a fact finder."). The Wine Cup headquarters are located on a long, lonely stretch of state highway just north of Wells, Nev., and the Gamble is farther southeast, near the one-bar town of Montello. for two RESP plans he'd opened for his two children, the lawsuit alleges. These two actsmodification and abandonmentconstitute the "construction, reconstruction, or alterations" contemplated in NRS 535.010. "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." 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.[11771335]. 1989) (reviewing the district court's interpretation of a contract de novo). (ECF No. ECF Nos. While, Mr. Worden claimed that, "I could have deleted those emails right after the conversation," (ECF No. [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. It also helps that the Winecup Gamble has so many pastures to choose from. 33 Ex. Mediation Questionnaire due on 03/16/2021. ECF No. Winecup opposes the motion arguing that Opperman is not a retained expert, and therefore, it did not violate Rule 26 by not submitting a written expert report to Union Pacific. 20103(a). 139-4 at 4. In its second motion in limine, Union Pacific argues that Lindon's opinions regarding the cause of the mile post 670.03 washout should be excluded because he "ignored considerable evidence" that Razavian relied upon for his own opinion. While these regulations do not provide the standard of care, evidence and argument related to NAC 532.240 may be presented to support a standard of care under the reasonable person standard. Godwin's opinion on reconstruction costs is admissible. IT IS FURTHER ORDERED that Union Pacific's seventeenth motion in limine to bar Winecup from providing trial testimony that contradicts its Rule 30(b)(6) witness's deposition testimony (ECF No. ECF No. 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. Winecup further argues that neither a Daubert hearing nor a neutral expert are necessary. 3:20-CV-00293 | 2020-05-18. [12101491] (DLM) [Entered: 05/04/2021 12:13 PM], (#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. But Union Pacific does not point to any evidence in the record of "abandonment." C.) However, Mr. Worden did not produce any ESI from his devices and admits that the ESI was lost from his electronic devices. First, Winecup argues that a plain reading of the text of NAC 535.240 shows that the applicability of the statute is limited to approval for new construction, reconstruction, or alterations, but it does not apply to dams in existence before the statute went into effect that have not been modified or altered.
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