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

Filing 454

ORDER denying 439 Motion in Limine. Amtrak and Union Pacific shall 48 hours prior to taking of deposition of non-retained experts provide JDT with summary of facts and opinions. Should any depositions be scheduled to take place less t han 48 hours from filing of this order, JDT shall be provided with copy of declarations ordered by the court no later than two hours prior to deposition. Signed by Judge Howard D. McKibben on 5/13/14. (Copies have been distributed pursuant to the NEF - JC)

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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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)
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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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The motion in limine #3 of John Davis Trucking (“JDT”) (#439)
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is DENIED.

While the court has concluded that JDT’s emergency

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motion should be denied, the court also concludes that, with the
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exception of Mike West and Ted Bushnik, the plaintiff’s conclusory

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description of the anticipated testimonies of its non-retained

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expert witnesses and designation of documents Bates stamped NRPC

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02749-02813, NRPC 02820-03054, UPRR 01312-1406, and UPRR

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00856-00877 is insufficient to provide a clear explanation of

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precisely what expenses were incurred and the reasonableness and

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necessity of those expenses.

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Pacific that they have complied with the requirement of Federal

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

The assertion by Amtrak and Union

The court

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is advised that the parties intend to commence taking depositions

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of these witnesses as early as May 14, 2014.

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and Union Pacific shall 48 hours prior to the taking of the

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deposition any of the non-retained experts (excepting Mike West and

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Ted Bushnik) provide JDT with a summary of the facts and opinions

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to which the non-retained expert witnesses are expected to testify,

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together with a reference to the specific documents, such as

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receipts and work orders, which support the anticipated testimony.

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Should any depositions be scheduled to take place less than 48

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hours from the filing of this order, JDT shall be provided with a

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copy of the declarations ordered by the court no later than two

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hours prior to the deposition.

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IT IS SO ORDERED.

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Accordingly, Amtrak

DATED: This 13th day of May, 2014.

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____________________________
UNITED STATES DISTRICT JUDGE

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