National Railroad Passenger Corporation v. John Davis Trucking Company, Inc.

Filing 433

ORDER denying without prejudice 420 Motion in Limine, unless and until the documents incorporated by reference in Amtrak and Union Pacific's expert disclosures have been provided to the court. Signed by Judge Howard D. McKibben on 5/6/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NATIONAL RAILROAD PASSENGER
CORPORATION,

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Plaintiff,
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vs.
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JOHN DAVIS TRUCKING COMPANY,
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INC.,
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Defendant.
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_________________________________ )
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JOHN DAVIS TRUCKING COMPANY,
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INC.,
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Counterclaimant,
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vs.
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NATIONAL RAILROAD PASSENGER
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CORPORATION, UNION PACIFIC
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RAILROAD COMPANY, and DOES 1-5, )
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Counterdefendants.
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_________________________________ )
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UNION PACIFIC RAILROAD COMPANY, )
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Counterclaimant,
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vs.
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JOHN DAVIS TRUCKING COMPANY,
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INC.,
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Counterdefendant.
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_________________________________ )

3:11-cv-00461-HDM-VPC
ORDER

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Before the court is John Davis Trucking’s (“JDT”) motion in
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limine #2 (#420) and Amtrak and Union Pacific’s response thereto
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(#426).

JDT seeks to preclude the expert opinions of Amtrak and

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Union Pacific’s non-retained experts on the grounds that the

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disclosure of these experts does not satisfy the requirements of

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Federal Rule of Civil Procedure 26(a)(2)(C)(ii).

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limine (#420) is denied as to non-retained experts Ted Bushnik and

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Mike West.

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Pacific’s disclosures reference and rely on documents produced

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during discovery, cited as NRPC 02749-02813, NRPC 02820-03054, UPRR

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01312-1406, and UPRR 00856-00877.

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provided in the relevant pleadings.

The motion in

As to the remaining witnesses, Amtrak and Union

These documents have not been
The court therefore does not

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have sufficient information before it to rule on JDT’s objections.

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As to the remaining witnesses, then, the motion in limine is DENIED

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WITHOUT PREJUDICE, unless and until the documents incorporated by

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reference in Amtrak and Union Pacific’s expert disclosures have

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been provided to the court.

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IT IS SO ORDERED.

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DATED: This 6th day of May, 2014.

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____________________________
UNITED STATES DISTRICT JUDGE

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