Union Pacific alleges that as a result of the dam's failure, water flowed downstream, in part, to the Dake Reservoir dam, and that the Dake then eroded and breached, causing flooding and ultimately washing out a significant portion of Union Pacific's railroad tracks. 143) is DENIED. 3:17-CV-00163-RCJ-WGC United States District Court, D. Nevada Signed Febr. Co., 752 F.3d 807, 814 (9th Cir. Lindon's expert testimony is admissible. ///. The Court has fully reviewed the record and considered the parties' oral argument; for the reasons below, the Court grants in part and denies in part these motions. Moreover. Id. 3. Transcript ordered by 08/21/2020. 2014) (quoting Primiano, 598 F.3d at 564). [11769734] [20-16411] (Jordan, David) [Entered: 07/28/2020 03:34 PM], Docket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. "A statutory violation is negligence per se if the injured party belongs to the class of persons whom the statute was intended to protect, and the injury suffered is of the type the statute was intended to prevent." 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. Winecup Gamble argues that Razavian did not offer an opinion on the cause of the washout at mile post 670.03 in his initial report, offering his opinion for the first time during his deposition. (ECF No. SEE ORDER FOR DETAILS. The most relevant evidence for these determinations would again be Mr. Worden's lost ESI. 158 at 2. 154. Winecup Gamble Ranch | Montello NV - Facebook 141, 143, 149, 150, 151, 152). Razavian declares that "[a]ccepted hydrological methodology requires a hydrologist to consider all of the above evidence in determining flow of flood water." During this period, Defendant claims to have discovered that Plaintiff's agent, Mr. Clay Worden, and its owner, Mr. Paul Fireman, deleted ESI pertinent to the factual issues of this case. ECF No. Full title:WINECUP GAMBLE, INC., a Nevada corporation, Plaintiff, v. GORDON RANCH, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEVADA. (ECF No. 1. (ECF No. 111) is DENIED. 160-4 at 6. ECF No. 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. ECF No. Countrywide Home Loans, Inc. v. Thitchener, 192 P.3d 243, 252-53 (Nev 2008) (citing Evans v. Dean Witter Reynolds, Inc., 5 P.3d 1043, 1052 (2000)). 5. (Id. [12048869] (BLS) [Entered: 03/22/2021 11:05 AM], Docket(#3) The Mediation Questionnaire for this case was filed on 03/16/2021. 127. Both parties appeal. Union Pacific also requests the Court take judicial notice of seven exhibits. Union Pac. Union Pacific Railroad Company v. Winecup Ranch, LLC et al, Elko Broadband Ltd. v. Haidermota BNR, Lawyers and Counsel with Offices in Islamadad, Islamic Republic of Pakistan et al, Vincent G. Dimaggio v. Jacqueline L. Stoever. The case status is Pending - Other Pending. "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." Id. Mediation Questionnaire. . Id. ECF No. Judgment was entered accordingly. While, Mr. Worden claimed that, "I could have deleted those emails right after the conversation," (ECF No. 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." Specifically, Winecup argues that this administrative regulation only provides the design standard for new construction of dams, not a standard of care for existing dam owners, and even if it did set forth a standard of care, the regulation cannot be applied retroactively to Winecup's dams because both were constructed prior to March 15, 1951.

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