Union Pacific Railroad Company v. Winecup Ranch, LLC et al

Filing 117

ORDER granting ECF No. 116 Motion for Leave to File Excess Pages. Signed by Judge Larry R. Hicks on 2/27/2020. (Copies have been distributed pursuant to the NEF - LW)

`
1
2
3
4
5
6
7
8
9
10
11
12

Case 3:17-cv-00477-LRH-CLB Document 116 Filed 02/26/20 Page 1 of 4

William E. Peterson (1528)
[e-mail]
Wayne Klomp (10109)
[e-mail]
SNELL & WILMER, L.L.P.
50 West Liberty Street, Suite 510
Reno, NV 89501
Telephone: [phone]
Facsimile: [phone]
David J. Jordan (Utah Bar No. 1751)
[e-mail]
Michael R. Menssen (Utah Bar No. 15424)
[e-mail]
STOEL RIVES LLP
201 S. Main Street, Suite 1100
Salt Lake City, UT 84111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Winecup Gamble, Inc.
UNITED STATES DISTRICT COURT

13
14
15

DISTRICT OF NEVADA
UNION PACIFIC RAILROAD COMPANY, a
Delaware Corporation,

16
17
18
19

Plaintiff,
v.
WINECUP GAMBLE, INC., a Nevada
Corporation,

20

Case No. 3:17-cv-00477-LRH-CLB
STIPULATED MOTION TO FILE AN
OVERLENGTH COMBINED
RESPONSE TO PLAINTIFF’S FIRST
AND SECOND MOTIONS IN LIMINE
AND ORDER THEREON

Defendant.

21
22

Pursuant to LR 7-3(c), defendant Winecup Gamble, Inc. (“Winecup”) and plaintiff Union

23

Pacific Railroad Company (“Union Pacific”) stipulate and jointly move the court for leave for

24

Winecup to file an overlength Combined Opposition to Union Pacific’s First and Second Motions

25

in Limine to Exclude Opinions of Matthew Lindon and to Appoint a Neutral Expert (“Combined

26

Opposition”). Winecup seeks leave to file a Combined Opposition that is no more than 35 pages

27

in length, exclusive of cover sheet and tables of contents and authorities. The opposition is due

28

on February 28, 2020. See ECF No. 114.
STIPULATED MOTION TO FILE AN
OVERLENGTH COMBINED RESPONSE
105461395.2 0065303-00001

-1-

Case No. 3:17-CV-00477-LRH-VPC

Case 3:17-cv-00477-LRH-CLB Document 116 Filed 02/26/20 Page 2 of 4

1

Good cause exists to grant this motion. Union Pacific filed two separate motions in limine

2

seeking to exclude the testimony of Winecup’s expert, Matthew Lindon. See ECF No. 111 and

3

112. In opposing the first and second motions in limine, Winecup would prefer to file one

4

Combined Opposition, as the issues raised by Union Pacific in its first and second motions have

5

significant overlap. See Declaration of Michael Menssen at ¶ 2, attached as Exhibit 1. If Winecup

6

responds to each motion in limine separately, it would have 24 pages for each, for a combined

7

total of 48 pages. It is anticipated that the Combined Opposition will be approximately 35 pages,

8

which is less than the number of pages that would be permitted for two separate responses. Id.

9

Union Pacific has informed Winecup that they do not oppose Winecup’s request and has

10

agreed to this stipulated motion. Id. at ¶ 3. Accordingly, the parties request that the Court grant

11

leave for Winecup to file a Combined Opposition to Union Pacific’s First and Second Motions in

12

Limine that is 35 pages.

13
14
15
16
17
18
19
20
21
22

DATED: February 26, 2020

DATED: February 26, 2020

/s/ Michael R. Menssen
David J. Jordan (Utah Bar No. 1751)
Michael R. Menssen (Utah Bar No. 15424)
STOEL RIVES LLP
201 S. Main Street, Suite 1100
Salt Lake City, UT 84111

/s/ Riley C. Mendoza (with permission)
Gary M. Elden (Admitted Pro Hac Vice)
Riley C. Mendoza (Admitted Pro Hac Vice)
SHOOK HARDY & BACON LLP
111 S. Wacker Drive
Chicago, IL 60657

William E. Peterson (Bar No. 1528)
Wayne Klomp (Bar No. 10109)
SNELL & WILMER, LLP
50 West Liberty Street, Suite 510
Reno, NV 89501

Michael R. Kealy (Bar No. 971)
Ashley C. Nikkel (Bar No. 12838)
50 W. Liberty Street, Suite 750
Reno, NV 89501
Attorneys for Plaintiff
Union Pacific Railroad Company

Attorneys for Defendant
Winecup Gamble, Inc.

23
24
25
26
27
28

ORDER
IT IS SO ORDERED.
________________________________________
DATED this 27th day of February, 2020.
UNITED STATE DISTRICT JUDGE
Dated:____________________________
STIPULATED MOTION TO FILE AN
OVERLENGTH COMBINED RESPONSE
105461395.2 0065303-00001

-2-

________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
Case No. 3:17-CV-00477-LRH-VPC