F I L E D

Electronically
05-13-2009:01:13:53 PM
Howard W. Conyers
Clerk of the Court
Transaction # 769905
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1 CODE: :247
JOHN P. SPRINGGATE, ESQ.
2 Nevada Bar #1350
203 South Arlington Avenue
3 Reno, NY 89501
Telephone: 775.323.8881
4 Attorney for Plaintiff
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6 IN THE FAMILY DIVISION
7 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
8 IN AND FOR THE COUNTY OF WASHOE
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ASHWIN JOsm,
Plaintiff,
vs.
BHARTI JOSHI,
Defendant.
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CASE NO.: DV08-01l68
DEPT. NO.: 14
16 MOTION TO STRIKE
17 COMES NOW the Plaintiff, ASHWIN JOSHI, by and through his counsel of record,
18 JOHN P. SPRINGGATE, ESQ., and enters his Motion to Strike the Notice(s) of Appeal filed
19 by Zack Coughlin, Esq., on his own behalf and as attorney of record for Bharti Joshi, on
20 May 12,2009. This motion is made and based upon the attached Memorandum of Points and
21 Authorities, and all the papers and pleadings on file in this action.
22 DATED this ~ day of May, 2009.
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ATE, ESQ.
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 NRAP 3A provides that an appealable judgment or order may be appealed from review
3 as provided in the rules and not otherwise. NRAP 3A(b) provides that appealable detenninations
4 include "a final judgment in an action or proceeding commenced in the Court in which the
5 judgment was rendered."
6 No final judgment has been entered in this matter as yet. The Court has entered an Order
7 After Trial on April 13, 2009. It has not yet been memorialized into a Findings of Fact,
8 Conclusions of Law, Judgment and Decree of Divorce. Further, it has been held that a premature
9 appeal has no affect, and the District Court retains jurisdiction despite the filing of a premature
10 appeal. So. Nev. Homebuilders Ass'n. v. City o/No. Las Vegas, 112 Nev. 297, 913 P.2d 1276
11 (1996).
12 Accordingly, the undersigned asks the Court to strike the Notice(s) of Appeal as untimely
13 filed while this matter awaits final disposition in the District Court.
14 DATED this ) -:3 day of May, 2009.
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, SQ.
1 CERTIFICATE OF SERVICE
2 Pursuant to NRCP 5(b), I hereby certify that I am an employee of THE LAW OFFICES OF
3 JOHN SPRlNGGATE, and that on this date I personally served at Reno, Nevada, a true copy of
4 the within MOTION TO STRIKE, fully addressed to:
5 Zack Coughlin, Esq.
945 West 12th Street
6 Reno, NY 89503
7 Caryn Sternlicht, Esq.
Washoe Legal Services
8 299 S. Arlington Avenue
Reno, NY 89501
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X for mailing by first class mail, postage prepaid
by personal delivery
by telephonic facsimile
by Federal Express or other overnight delivery
by placing a true copy thereof for collection and delivery by Reno/Carson
14 Messenger Service on this date.
15 AFFIRMATION PURSUANT TO NRS 239B.030
16 The undersigned does hereby affirm that the preceding document does not contain the
17 social security u m b e ~ ,05 any person.
18 Dated this /3
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%.ay of May, 2009.
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IN THE FAMILY DIVISION OF THE SECOND JUDICIAL COURT
OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
ASHWIN JOSHI,
Plaintiff,
vs.
BHARTI JOSHI,
Defendant.
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FAMILY COURT
MOTION/OPPOSITION NOTICE
(REQUIRED)
CASE NO.: DV08-01168
DEPT. NO.: 14
NOTICE: TillS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed pursuant
to chapter 125, 125B or 125C ofNRS and to any answer
or response to snch a motion or other paper.
A. Mark the CORRECT ANSWER with an X YES
l. Has a final decree or custody order been entered in this case? then
continue to Question 2. If!lQ, you do not need to answer any other questions.
2. Is this a motion or an opposition to a motion filed to change a final order? If
then continue to Question 3. If!lQ, you do not need to answer any other
questions.
3. Is this a motion or an opposition to a motion filed only to change the amount of
child SUPP01t?
4. Is this a motion or an opposition to a motion for reconsideration or a new trial
and the motion was filed within 10 days of the Judge's Order?
IF the answer to Question 4 is YES, write the filing date found on the front page of Date
the Judge's Order.
NO
X
X
X
X
B. If you answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt l1'01n the $25.00 filing fee.
However, if the Comt later detelmines you should have paid the filing fee, your motion will not be decided nntil the
$25.00 fee is paid.
I affirm that the answers provided on the Notice are hue.
/3 ti;-2009 Siguature:
Print Name:
Telephone:

John P. Springgate, Esq., Attorney At Law
203 S. Arlington Ave.
Reno, Nevada 8950 I
775-.323.8881