9 20 13 Filing in 61383 of Coughlin's 5 20 13 Notice of Appeal in 03628 That Flanagan Struck in His 5 29 13 Order NOA CV11-03628 COUGHLIN 05-13 - A

Electronically Filed
Sep 20 2013 04:06 p.m.

Tracie K. Lindeman
Clerk of Supreme Court
Docket 61383 Document 2013-28216
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Code 1310

IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
ZACH COUGHLIN,

Petitioner,
vs.

MATTHEW MERLISS,

Respondent.
_____________________________________________/

Case No. CV11-03628
Dept. No. 8

CASE APPEAL STATEMENT
This case appeal statement is filed pursuant to NRAP 3(2).
1. This appeal is from an order entered by the Honorable Patrick Flanagan.
2. Appellant is Zach Coughlin. Appellant is representing himself in Proper Person on
appeal:
3. Appellants address is:
Zach Coughlin
1470 E 9
th
Street
Reno, Nevada 89512

4. Respondent is Matthew Merlis. Respondent is represented in District Court by:
Richard G Hill, Esq.
Casey D Baker, Esq.
652 Forest Street
Reno, Nevada 89509

5. Respondents attorney is licensed to practice law in Nevada.
6. Appellant was not represented by appointed counsel in District Court.
F I L E D
Electronically
09-20-2013:10:41:46 AM
Joey Orduna Hastings
Clerk of the Court
Transaction # 4010680

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7. Appellant is not represented by appointed counsel on appeal.
8. Appellant was denied leave to proceed in forma pauperis in the District Court.
9. Proceeding commenced by the filing of an Appeal from Justice Court on December
21, 2011.
10. This is a civil proceeding and the Appellants are appealing the March 30, 2012
Order; August 21, 2012 Order; August 28, 2012 Order; and May 22, 12 Order.
11. The case has been the subject of a previous appeals to the Supreme Court:
Supreme Court No. 60331 and 61383.:
12. This case does not involve child custody or visitation.
13. It is unknown if the case involves the possibility of a settlement.
Dated this 20th day of September 2013.
JOEY ORDUNA HASTINGS
CLERK OF THE COURT

By: /s/ Annie Smith
Annie Smith
Deputy Clerk

SECOND JUDICIAL DISTRICT COURT
STATE OF NEVADA
COUNTY OF WASHOE
Case History - CV11-03628
Case Description: ZACHARY COUGHLIN VS. MATTHEW MERLISS (D8)
Case Number: CV11-03628 Case Type: JUSTICE COURT CIVIL APPEAL - Initially Filed On: 12/21/2011
Parties
Party Status Party Type & Name
JUDG - LIDIA STIGLICH - D8 Active
JUDG - PATRICK FLANAGAN - D7 Party ended on: 6/11/2013 12:00:00AM
PLTF - ZACHARY BARKER COUGHLIN - @1206272 Active
DEFT - MATTHEW MERLISS - @1216014 Active
DEFT - KATHY BRECKENRIDGE, BOARD PRES. OF WLS - @1206633 Party ended on: 2/22/2012 12:00:00AM
ATTY - Zachary Coughlin, Esq. - 9473 Active
ATTY - Casey D. Baker, Esq. - 9504 Active
ATTY - Richard G. Hill, Esq. - 596 Active
Disposed Hearings
1 Department: D7 -- Event: Request for Submission -- Scheduled Date & Time: 1/6/2012 at 11:25:00
Event Disposition: S200 - 1/11/2012
Extra Event Text: AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR INJUNCTION PREVENTING MERLISS FROM DISPOSTING OF TENANTS PROPERTY OR IN THE ALTERNATIVE MOTION FOR STAY
Extra Event Text: SECOND MOTION FOR ORDER TO SHOW CAUSE (NO PAPER ORDER PROVIDED)
Extra Event Text: MOTION UNDER NRCP 52(b) TO AMEND OR MAKE ADDITIONAL FINDINGS OF FACT; OR, PLED IN THE ALTERNATIVE, MOTION UNDER NRCP 59 TO ALTER OR AMEND THE ORDER DENYING MOTION TO PREVENT DISPOSAL OF PERSONAL PROPERTY
Extra Event Text: MOTION FOR LEAVE TO FILE ANSWERING BRIEF IN EXCESS OF FIVE PAGES (NO PAPER ORDER PROVIDED)
Extra Event Text: PARTIES' APPELLATE BRIEF (NO PAPER ORDER PROVIDED)
6 Department: D7 -- Event: ORDER TO SHOW CAUSE -- Scheduled Date & Time: 3/23/2012 at 11:00:00
Event Disposition: D450 - 3/23/2012
7 Department: D7 -- Event: ORDER TO SHOW CAUSE -- Scheduled Date & Time: 3/26/2012 at 10:00:00
Event Disposition: D355 - 3/26/2012
Extra Event Text: CONT. FROM 3-23-12
Extra Event Text: DEFENDANT'S MEMO OF COSTS
Report Does Not Contain Sealed Cases or Confidential Information
Report Date & Time: 9/20/2013 at 11:04:21AM Page 1 of 17
Extra Event Text: DEFENDANT'S MTN FOR ATTORNEY'S FEES
Extra Event Text: SECOND REQUEST FOR SUBMISSION OF MOTION FOR ATTORNEY'S FEES (NO PAPER ORDER PROVIDED)
Extra Event Text: MOTION TO ALTER OR AMEND ORDER GRANTING (SIC) MEMORANDUM OF COSTS
Extra Event Text: REQUEST FOR SUBMISSION OF MOTION TO ALTER OR AMEND ORDER, OR PLED IN ALTERNATIVE MOTION TO SET ASIDE ATTORNEY FEE AWARD AND MOTION FOR ORDER SHORTENING TIME AND NOTICE OF APPEAL OF ATTY FEE AWARD OF 6/25/12
Extra Event Text: NRCP 60(b)(4) MOTION TO SET ASIDE ATTORNEY'S FEES
Extra Event Text: EMERGENCY NOTICE AND MOTION
Extra Event Text: EMERGENCY MOTION TO PROCEED IN FORMA PAUPERIS
Actions
Filing Date - Docket Code & Description
12/21/2011 - COV - **Civil Cover Sheet 1
No additional text exists for this entry.
12/21/2011 - $1175 - $Appeal From Justice's Court 2
Additional Text: VOLUME I
(SCANNED IMAGE REFLECTS MANNER IN WHICH DOCUMENT WAS RECEIVED - 12-22-2011 - SC)
12/21/2011 - 1175 - Appeal from Justice's Court 3
Additional Text: VOLUME II
(SCANNED IMAGE REFLECTS MANNER IN WHICH DOCUMENT WAS RECEIVED - 12-22-2011 -SC)
Additional Text: VOLUME III
Additional Text: VOLUME IV
(SCANNED IMAGE REFLECTS MANNER IN WHICH DOCUMENT WAS RECEIVED - 12-22-2011-SC)
Additional Text: EXHIBITS A-I
EXHIBITS 1-9
12/21/2011 - PAYRC - **Payment Receipted 7
Additional Text: A Payment of -$216.00 was made on receipt DCDC340945.
12/30/2011 - 2222 - Mtn for TRO 8
Additional Text: EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR INJUNCTION PREVENTING MERLISS
FROM "DISPOSING" OF TENANTS PROPERTY; OR, IN THE ALTERNATIVE; MOTION FOR STAY - Transaction 2674291 - Approved
By: LMATHEUS : 12-30-2011:10:38:58
12/30/2011 - 1120 - Amended ... 9
Additional Text: AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR INJUNCTION PREVENTING
MERLISS FROM "DISPOSING" OF TENANTS PROPERTY; OR, IN THE ALTERNATIVE; MOTION FOR STAY - Transaction 2674349 -
Approved By: LMATHEUS : 12-30-2011:10:35:42
12/30/2011 - NEF - Proof of Electronic Service 10
Additional Text: Transaction 2674874 - Approved By: NOREVIEW : 12-30-2011:10:37:36
1/3/2012 - 2645 - Opposition to Mtn ... 12
Additional Text: OPPOSITION TO AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER - Transaction
2678526 - Approved By: AZION : 01-03-2012:15:49:48
1/4/2012 - 4105 - Supplemental ... 14
Additional Text: SUPPLEMENTAL JUSTICE COURT APPEAL PROCEEDINGS
1/5/2012 - 3795 - Reply... 15
Additional Text: REPLY TO DEFT'S AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR INJUNCTION
PREVENTING MERLISS FROM DISPOSING OF TENANTS PROPERTY OR IN THE ALTERNATIVE MOTION FOR STAY -
Transaction 2683734 - Approved By: AZION : 01-06-2012:08:55:55
1/5/2012 - 2520 - Notice of Appearance 16
Additional Text: ZACH COUGHLIN, ON HIS OWN BEHALF - Transaction 2683735 - Approved By: LMATHEUS : 01-06-2012:13:09:22
1/6/2012 - 3860 - Request for Submission 18
Additional Text: AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR INJUNCTION PREVENTING
MERLISS FROM DISPOSTING OF TENANTS PROPERTY OR IN THE ALTERNATIVE MOTION FOR STAY - Transaction 2684999 -
Approved By: AZION : 01-06-2012:11:17:33
DOCUMENT TITLE: AMENDED EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER OR INJUNCTION
PREVENTING MERLISS FROM DISPOSTING OF TENANTS PROPERTY OR IN THE ALTERNATIVE MOTION FOR STAY
PARTY SUBMITTING: RICHARD HILL ESQ
DATE SUBMITTED: 01-06-12
SUBMITTED BY: AZION
DATE RECEIVED JUDGE OFFICE:
1/6/2012 - 2880 - Ord for Briefing Schedule 21
1/10/2012 - 2520 - Notice of Appearance 23
Additional Text: ZACH COUGHLIN ESQ. ON BEHALF OF ZACH COUGHLIN - Transaction 2690021 - Approved By: LMATHEUS :
01-10-2012:09:10:56
1/11/2012 - 3370 - Order ... 25
Additional Text: [DENYING COUGHLIN'S EMERG. MTN FOR TRO OR INJUNCTION PREVENTING MERLISS FROM DISPOSING OF
TENANT'S PROPERTY; OR IN THE ALTERNATIVE. MTN FOR A STAY - ks]
1/11/2012 - S200 - Request for Submission Complet 27
1/11/2012 - 2540 - Notice of Entry of Ord 28
1/12/2012 - 4105 - Supplemental ... 30
Additional Text: SUPPLEMENTAL JUSTICE COURT APPEAL PROCEEDINGS
Additional Text: OPPOSITION TO MOTION FOR ATTORNEY'S FEES - Transaction 2700422 - Approved By: LMATHEUS :
01-17-2012:11:50:17
Additional Text: OPOPOSITION TO MOTION FOR ATTORNEY'S FEES - Transaction 2700423 - Approved By: LMATHEUS :
01-17-2012:11:49:26
1/20/2012 - 2145 - Mtn Ord to Show Cause 35
Additional Text: SECOND MOTION FOR ORDER TO SHOW CAUSE - Transaction 2711293 - Approved By: AZION :
01-20-2012:14:40:28
1/30/2012 - 2250 - Mtn Alter or Amend Judgment 37
Additional Text: MOTION UNDER NRCP 52(b) to amend or make additional findings of fact; or, pled in the alternative, Motion under
NRCP 59 to alter or amend the Order Denying Motion to Prevent Disposal of Personal Property - Transaction 2731130 - Approved By:
LMATHEUS : 01-31-2012:14:15:35
2/2/2012 - 2605 - Notice to Set 39
Additional Text: NOTICE TO SET HEARING - Transaction 2739286 - Approved By: LMATHEUS : 02-02-2012:16:22:12
2/3/2012 - 2650 - Opposition to ... 41
Additional Text: OPPOSITION TO AND MOTION TO STRIKE COUGHLIN'S NOTICE TO SET HEARING - Transaction 2741762 -
Approved By: AZION : 02-03-2012:10:58:03
Additional Text: OPPOSITION TO MOTION TO AMEND OR ALTER JUDGMENT - Transaction 2741762 - Approved By: AZION :
02-03-2012:10:58:03
2/4/2012 - 2640 - Opening Brief 44
Additional Text: APPELLANT'S OPENING BRIEF - Transaction 2743772 - Approved By: LMATHEUS : 02-06-2012:09:38:51
2/6/2012 - 2640 - Opening Brief 46
Additional Text: APPELLANT'S OPENING BRIEF - Transaction 2747312 - Approved By: LMATHEUS : 02-07-2012:08:24:35
2/6/2012 - 2075 - Mtn for Extension of Time 47
Additional Text: APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEF - Transaction 2747313 - Approved By:
LMATHEUS : 02-07-2012:08:59:50
2/6/2012 - 2075 - Mtn for Extension of Time 48
Additional Text: APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEF - Transaction 2747314 - Approved By:
LMATHEUS : 02-07-2012:09:04:29
2/7/2012 - 4105 - Supplemental ... 52
Additional Text: SUPPLEMENT TO APPELLANT'S OPENING BRIEF
EXHIBIT 1 IS A CD AND WAS SENT TO THE EXHIBIT ROOM - LM
Additional Text: SECOND MOTION FOR ORDER TO SHOW CAUSE (NO PAPER ORDER PROVIDED) - Transaction 2751804 -
Approved By: MCHOLICO : 02-08-2012:12:15:45
PARTY SUBMITTING: RICHARD G. HILL, ESQ.
DATE SUBMITTED: 2/8/12
SUBMITTED BY: MCHOLICO
2/8/2012 - 3355 - Ord to Show Cause 55
Additional Text: OPPOSITION TO APPELLANT'S MOTION FOR EXTENSION OF TIME AND COUNTER MOTION TO STRIKE
EXCESS PAGES AND OTHER MATERIAL OF APPELLANT'S OPENING BRIEFS - Transaction 2754589 - Approved By: AZION :
02-09-2012:11:06:53
2/14/2012 - 3790 - Reply to/in Opposition 62
Additional Text: REPLY TO OPPOSITION TO AND MOTION TO STRIKE COUGHLIN'S NOTICE TO SET HEARING - Transaction
2762753 - Approved By: LMATHEUS : 02-14-2012:09:05:26
Additional Text: REPLY TO OPPOSITION TO ALTER OR AMEND - Transaction 2762753 - Approved By: LMATHEUS :
02-14-2012:09:05:26
Additional Text: REPLY TO OPPOSITION TO AND MOTION TO STRIKE COUGHLIN'S NOTICE TO SET HEARING - Transaction
2762754 - Approved By: LMATHEUS : 02-14-2012:09:09:29 (APPEARS TO BE DUPLICATE SUBMISSION OF DOCUMENT
APPROVED IN TRANSACTION 2762753-LMATHEUS)
Additional Text: REPLY TO OPPOSITION TO ALTER OR AMEND - Transaction 2762755 - Approved By: LMATHEUS :
02-14-2012:09:10:14 (APPEARS TO BE DUPLICATE SUBMISSION OF DOCUMENT ACCEPTED IN TRANSACTION 2762753 -
LMATHEUS)
Additional Text: MOTION UNDER NRCP 52(b) TO AMEND OR MAKE ADDITIONAL FINDINGS OF FACT; OR, PLED IN THE
ALTERNATIVE, MOTION UNDER NRCP 59 TO ALTER OR AMEND THE ORDER DENYING MOTION TO PREVENT DISPOSAL OF
PERSONAL PROPERTY (NO PAPER ORDER PROVIDED) - Transaction 2764842 - Approved By: MCHOLICO : 02-14-2012:15:43:42
2/15/2012 - 2515 - Notice of Appeal Supreme Court 71
Additional Text: APPELLANT, ZACHARY COUGHLIN - Transaction 2765535 - Approved By: LMATHEUS : 02-15-2012:12:18:06
2/16/2012 - 2385 - Mtn Proceed Forma Pauperis 73
Additional Text: MOTION FOR APPOINTMENT OF COUNSEL; OR ALTERNATIVELY, MOTION TO PROCEED INFORMA PAUPERIS
ON APPEAL (NO PAPER ORDER PROVIDED) - Transaction 2768365 - Approved By: LMATHEUS : 02-16-2012:13:56:34
2/22/2012 - 4132 - Supreme Ct Deficiency Notice 75
Additional Text: NOTICE OF APPEAL DEFICIENCY - Transaction 2780608 - Approved By: NOREVIEW : 02-22-2012:14:21:44
2/22/2012 - 1350 - Certificate of Clerk 76
Additional Text: CERTIFICATE OF CLERK AND TRANSMITTAL - NOTICE OF APPEAL - Transaction 2780608 - Approved By:
NOREVIEW : 02-22-2012:14:21:44 (TRANSMITTAL PENDING - LMATHEUS)
2/24/2012 - 2490 - Motion ... 78
Additional Text: MOTION FOR LEAVE TO FILE ANSWERING BRIEF IN EXCESS OF FICE PAGES - Transaction 2787048 - Approved
By: LMATHEUS : 02-24-2012:16:56:11
2/24/2012 - 1170 - Answering Brief 79
Additional Text: RESPONDENT'S ANSWERING BRIEF - Transaction 2787050 - Approved By: LMATHEUS : 02-24-2012:16:59:03
2/27/2012 - 1120 - Amended ... 82
Additional Text: AMENDED NOTICE OF APPEAL DEFICIENCY - Transaction 2787511 - Approved By: NOREVIEW :
02-27-2012:08:48:57
2/27/2012 - 1120 - Amended ... 83
Additional Text: AMENDED CERTIFICATE OF CLERK AND TRANSMITTAL - NOTICE OF APPEAL - Transaction 2787511 - Approved
By: NOREVIEW : 02-27-2012:08:48:57
2/27/2012 - 1650 - Errata... 85
Additional Text: ERRATA TO RESPONDENT'S ANSWERING BRIEF - Transaction 2788926 - Approved By: LMATHEUS :
02-27-2012:15:55:32
Additional Text: MOTION FOR LEAVE TO FILE ANSWERING BRIEF IN EXCESS OF FIVE PAGES (NO PAPER ORDER PROVIDED)
- Transaction 2788926 - Approved By: LMATHEUS : 02-27-2012:15:55:32
PARTY SUBMITTING: RICHARD HILL, ESQ.
SUBMITTED BY: LMATHEUS
Additional Text: PARTIES' APPELLATE BRIEF (NO PAPER ORDER PROVIDED) - Transaction 2788926 - Approved By: LMATHEUS :
02-27-2012:15:55:32
2/27/2012 - 1325 - ** Case Reopened 89
3/5/2012 - 1188 - Supreme Court Receipt for Doc 90
Additional Text: SUPREME COURT ORDER NO. 60331/RECEIPT FOR DOCUMENTS - Transaction 2802783 - Approved By:
NOREVIEW : 03-05-2012:10:56:03
3/7/2012 - 1067 - Affidavit of Service 92
Additional Text: ZACHARY COUGHLIN - 02-27-12
Additional Text: MOTION TO SET ASIDE ORDER TO SHOW CAUSE; OR ALTERNATIVELY, MOTION TO CONTINUE OR STAY
HEARING ON ORDER TO SHOW CAUSE PENDING THE RESOLUTION OF THE CRIMINAL TRESPASS MATTER - Transaction
3/8/2012 - 1310 - Case Appeal Statement 95
Additional Text: CASE APPEAL STATEMENT OR, PLED IN THE ALTERNATIVE, MOTION FOR EXTENSION OF TIME TO CORRECT
DEFICIENCIES IN APPEAL PAPERS - Transaction 2811755 - Approved By: LMATHEUS : 03-08-2012:10:44:27
3/8/2012 - 2842 - Ord Denying Motion 97
Additional Text: ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS - Transaction 2813909 - Approved By: NOREVIEW
: 03-08-2012:16:37:54
Additional Text: CERTIFICATE OF CLERK AND TRANSMITTAL - Transaction 2815631 - Approved By: NOREVIEW :
03-09-2012:13:10:06
3/13/2012 - 4065 - Subpoena Duces Tecum 103
Additional Text: Transaction 2821220 - Approved By: LMATHEUS : 03-14-2012:09:25:33
3/13/2012 - 4105 - Supplemental ... 104
Additional Text: SUPPLEMENT TO MOTION TO VACATE OR STAY HEARING ON ORDER TO SHOW CAUSE - Transaction 2821303
- Approved By: LMATHEUS : 03-14-2012:09:34:04
3/23/2012 - MIN - ***Minutes 107
Additional Text: ORDER TO SHOW CAUSE 03-23-12 - Transaction 2845882 - Approved By: NOREVIEW : 03-23-2012:16:13:24
3/26/2012 - MIN - ***Minutes 109
Additional Text: CONTINUED OSC 03-26-12 - Transaction 2847752 - Approved By: NOREVIEW : 03-26-2012:11:46:07
3/27/2012 - 3370 - Order ... 111
Additional Text: [MERLISS'S MTN FOR OSC IS DENIED - ks]
3/30/2012 - 3370 - Order ... 113
Additional Text: [RE APPEAL SUMMARY EVICTION FROM PROPERTY IS DENIED - ks]
3/30/2012 - 1315 - ** Case Closed 118
4/3/2012 - 1950 - Memorandum of Costs 121
Additional Text: MEMORANDUM OF COSTS AND DISBURSEMENTS - Transaction 2867420 - Approved By: LMATHEUS :
04-04-2012:09:11:22
Additional Text: MOTION TO ALTER OR AMEND ORDER TO DENYING MOTION TO PROCEED IN FORMA PAUPERIS - Transaction
4/7/2012 - 2650 - Opposition to ... 125
Additional Text: OPPOSITION TO MEMORANDUM OF COSTS - Transaction 2875620 - Approved By: LMATHEUS :
04-09-2012:11:13:08
Additional Text: MOTION TO ALTER OR AMEND ORDER AFFIRMING SUMMARY EVICTION ORDER - Transaction 2875621 -
Additional Text: REPLY TO COUGHLIN'S "OPPOSITION TO MEMORANDMUM OF COSTS: - Transaction 2887298 - Approved By:
LMATHEUS : 04-13-2012:09:10:29
Additional Text: REQUEST FOR SUBMISSION OF MERLISS' MEMORANDUM OF COSTS AND DISBURSEMENTS
Transaction 2887368 - Approved By: LMATHEUS : 04-13-2012:09:15:09
4/13/2012 - 1310 - Case Appeal Statement 131
4/13/2012 - 1325 - ** Case Reopened 134
Additional Text: OPPOSITION TO MOTION TO ALTER OR AMEND ORDER DENYING MOTION TO PROCEED IN FORMA
PAUPERIS - Transaction 2888977 - Approved By: JYOST : 04-13-2012:16:30:31
Additional Text: CERTIFICATE OF CLERK AND TRANSMITTAL - NRAP 3(g)(1)(B) - Transaction 2889387 - Approved By: NOREVIEW :
04-13-2012:15:54:55
Additional Text: OPPOSITION TO COUGHLIN'S MOTION TO ALTER OR AMEND ORDER AFFIRMING SUMMARY EVICTION
ORDER - Transaction 2897596 - Approved By: MPURDY : 04-19-2012:11:12:05
4/19/2012 - 2010 - Mtn for Attorney's Fee 142
Additional Text: MOTION FOR ATTORNEY'S FEES - Transaction 2941101 - Approved By: LMATHEUS : 05-09-2012:10:51:29:
5/22/2012 - 3370 - Order ... 146
Additional Text: [GRANTING MATT MERLISS' MEMO OF COSTS - ks]
Additional Text: MOTION TO ALTER OR AMEND ORDER GRANTING MEMORANDUM OF COSTS - Transaction 3006980 - Approved
By: MPURDY : 06-11-2012:09:44:18
6/9/2012 - 4105 - Supplemental ... 152
Additional Text: SUPPLEMENT TO OPPOSITION TO MOTION FOR ATTORNEY'S FEES - Transaction 3006981 - Approved By:
MPURDY : 06-11-2012:09:50:26
Additional Text: REPLY TO SUPPLEMENT TO OPPOSITION TO MOTION FOR ATTORNEY'S FEES - Transaction 3020168 -
Additional Text: SECOND REQUEST FOR SUBMISSION OF MOTION FOR ATTORNEY'S FEES (NO PAPER ORDER PROVIDED)-
Transaction 3020168 - Approved By: LMATHEUS : 06-15-2012:08:13:38
6/25/2012 - 3370 - Order ... 158
Additional Text: [GRANTING RESPONDENT'S MTN FOR ATTY'S FEES - ks]
Additional Text: OPPOSITION TO MOTION TO ALTER OR AMEND ORDER GRANTING MEMORANDUM OF COSTS - Transaction
Additional Text: MOTION TO ALTER OR AMEND ORDER GRANTING (SIC) MEMORANDUM OF COSTS - Transaction 3067554 -
Approved By: JYOST : 07-09-2012:16:00:54
SUBMITTED BY: JYOST
7/24/2012 - 2490 - Motion ... 168
Additional Text: MOTION TO ALTER OR AMEND ORDER, OR PLED IN ALTERNATIVE, MOTION TO SET ASIDE ATTORNEY FEE
AWARD AND MOTION FOR ORDER SHORTENING AND NOTICE OF APPEAL OF ATTY FEE AWARD OF 6/25/12
Additional Text: APPELLANT, ZACHARY COUGHLIN
7/31/2012 - 1310E - Case Appeal Statement 170
7/31/2012 - 4132 - Supreme Ct Deficiency Notice 171
Additional Text: CERTIFICATE OF CLERK AND TRANSMITTAL - NOTICE OF APPEAL - Transaction 3117933 - Approved By:
NOREVIEW : 07-31-2012:10:27:00
Additional Text: OPPOSITION TO MOTION TO ALTER OR AMEND ORDER, OR PLEAD IN ALTERNATID (sic) MOTION TO SET
ASIDE ATTORNEY FEE AWARD AND MOTION FOR ORDER SHORTENING TIME AND NOTICE OF APPEAL OF ATTY (sic) FEE
AWARD OF 06/25/12 - Transaction 3119021 - Approved By: JYOST : 07-31-2012:13:48:35
7/31/2012 - 2450 - Mtn to Set Aside Decree 176
Additional Text: NRCP 60(b)(4) MOTION TO SET ASIDE ATTY'S FEES - Transaction 3120616 - Approved By: AZION :
08-01-2012:08:11:07
8/2/2012 - 1188 - Supreme Court Receipt for Doc 178
Additional Text: SUPREME COURT CASE NO. 61383 - Transaction 3123645 - Approved By: NOREVIEW : 08-02-2012:08:20:48
Additional Text: OPPOSITION TO NRCP 60(b)(4) MOTION TO SET ASIDE ATTY'S FEES - Transaction 3142092 - Approved By:
AZION : 08-10-2012:12:41:06
8/10/2012 - 1325 - ** Case Reopened 182
Additional Text: REQUEST FOR SUBMISSION OF MOTION TO ALTER OR AMEND ORDER, OR PLED IN ALTERNATID (sic)
MOTION TO SET ASIDE ATTORNEY FEE AWARD AND MOTION FOR ORDER SHORTENING TIME AND NOTICE OF APPEAL OF
ATTY (sic) FEE AWARD OF 6/25/12 (NO PAPER ORDER PROVIDED) - Transaction 3143166 - Approved By: LMATHEUS :
08-13-2012:08:18:07
8/21/2012 - 3370 - Order ... 185
Additional Text: [DENYING COUGHLIN'S MTN TO AMEND OR AMEND ORDER GRANTING MEMO OF COSTS - ks]
8/21/2012 - F140 - Adj Summary Judgment 187
8/22/2012 - 1325 - ** Case Reopened 189
Additional Text: NRCP 60(b)(4) MOTION TO SET ASIDE ATTORNEY'S FEES (NO PAPER ORDER PROVIDED) - Transaction
3167057 - Approved By: MCHOLICO : 08-22-2012:09:23:19
8/28/2012 - 3370 - Order ... 192
Additional Text: [COUGHLIN'S MTN TO ALTER OR AMEND ORDER, OR PLED IN ALTERNATIVE; MOTION TO SET ASIDE ATTY
FEE AWARD AND MTN FOR ORDER SHORTENING TIME AND NOTICE OF APPEAL OF ATTY FEE AWARD OF 06.25.12 AND
NCRP 60(b)(4) MTN TO SET ASIDE ATTY FEES ARE DENIED - ks]
Additional Text: MOTION FOR PERMISSION TO FILE LATE REPLY TO OPPOSITION TO NRCP 60(b) (4) MOTION TO SET ASIDE
ATTORNEY'S FEES - Transaction 3190320 - Approved By: ASMITH : 08-31-2012:16:11:23
9/6/2012 - $2515 - $Notice/Appeal Supreme Court 200
Additional Text: APPEAL FEE PAID FOR THE 7-30-12 NOTICE OF APPEAL - IMAGE ATTACHED TO JULY FILING
9/15/2012 - 2490 - Motion ... 202
Additional Text: NRCP 60(1)-(4) MOTION TO SET ASIDE ATTORNEY FEE AWARD, OR, PLED IN THE ALTERNATIVE, NRCP 59 (A),
(E) MOTION TO ALTER OR AMEND ATORNEY FEE AWARD - Transaction 3220377 - Approved By: LMATHEUS :
09-17-2012:08:31:03
11/9/2012 - 4127 - Supreme Ct Ord Dismis Appeal 204
Additional Text: SUPREME COURT NO. 61383/ORDER DISMISSING APPEAL - Transaction 3335547 - Approved By: NOREVIEW :
11-09-2012:08:53:33
11/9/2012 - 2610 - Notice ... 206
Additional Text: NOTICE OF POSTING BOND ON APPEAL WITH RICHARD G. HILL, ESQ. AND FAILURE OF JUSTICE COURT TO
FILE IN APPELLANT'S NOTICE OF APPEAL SUBMITTED 12/26/11 IN RELATION TO 12/2011 HEARING ON MOTION TO CONTEST
PERSONAL PROPERTY LIEN - Transaction 3336043 - Approved By: LMATHEUS : 11-09-2012:10:47:19
11/28/2012 - 4125 - Supreme Court Order... 208
Additional Text: SUPREME COURT NO. 60331/ORDER - Transaction 3371471 - Approved By: NOREVIEW : 11-28-2012:10:57:05
4/1/2013 - 4105 - Supplemental ... 210
Additional Text: SUPPLEMENTAL JUSTICE COURT PROCEEDINGS - NOT ATTACHED WITH ORIGINAL SUPPLEMENTAL APPEAL
PROCEEDINGS FILED ON 1-4-12
5/20/2013 - 1120 - Amended ... 214
Additional Text: EMERGENCY AMENDED NOTICE OF APPEAL OF 3/30/12 ORDER TO WHATEVER EXTENT NOT ALREADY
CONSIDERED INCLUDED WHATS ON APPEAL IN 61388
5/22/2013 - 2610 - Notice ... 215
Additional Text: EMERGENCY NOTICE AND MOTION AND REQUEST FOR SUBMISSION
DOCUMENT TITLE: EMERGENCY NOTICE AND MOTION
PARTY SUBMITTING: COUGHLIN, ZACHARY
DATE SUBMITTED: 22-MAY-2013
SUBMITTED BY: ACROGHAN
5/23/2013 - 1325 - ** Case Reopened 216
5/29/2013 - 3370 - Order ... 217
5/30/2013 - 4127 - Supreme Ct Ord Dismis Appeal 221
Additional Text: SUPREME COURT CASE NO 61383/ORDER DISMISSING APPEAL - Transaction 3754699 - Approved By:
NOREVIEW : 05-30-2013:09:09:11
6/10/2013 - 3373 - Other ... 223
Additional Text: NRCP 52 59 60 MOTION AS TO ORDER STRIKING AMENDED NOTICE OF APPEAL OR IN THE ALTERNATIVE
AMENDED NOTICE OF APPEAL - Transaction 3778105 - Approved By: MLAWRENC : 06-10-2013:17:12:14
6/11/2013 - 3370 - Order ... 225
Additional Text: MATTER TRANSFERRED TO DEPT. 8 - Transaction 3781452 - Approved By: NOREVIEW : 06-11-2013:15:51:03
7/10/2013 - 2490 - Motion ... 227
Additional Text: EMERGENCY NOTICE AND REQUEST TO SUBMIT: ZACHARY COUGHLIN
7/10/2013 - 1670 - Ex-Parte Mtn... 228
Additional Text: EMERGENCY MOTION TO PROCEED IN FORMA PAUPERIS - Transaction 3845197 - Approved By: APOMA :
07-10-2013:16:57:09
7/25/2013 - 3370 - Order ... 230
7/31/2013 - 2490 - Motion ... 234
Additional Text: MOTION TO COMPEL RJC TO TRANSMIT THE DISC EXHIBITS FROM REV 2011-00179 FILE AND ALL FILINGS
NOT YET TRANSMITTED
8/19/2013 - $1690 - $**Execution Issued 235
8/29/2013 - $1690 - $**Execution Issued 237
9/10/2013 - 1520 - Declaration 239
Additional Text: JOSEPH GARIN ESQ. SERVED ON 9/9/13 - Transaction 3985483 - Approved By: MCHOLICO : 09-10-2013:16:28:19
9/10/2013 - 1520 - Declaration 240
Additional Text: DECLARATION OF SERVICE - ZACHARY COUGHLIN SERVED BY MAIL - Transaction 3985492 - Approved By:
MPURDY : 09-10-2013:16:36:48
9/19/2013 - 3870 - Request 243
Additional Text: REQUEST FOR COURT TO TAKE JUDICIAL NOTICE OF ALL THAT IS ON FILE IN NEVADA SUPREME COURT
CAASE 61901, THE SCR 111(4) CONVICTION FOR WHICH STATE BAR FRAUDULENTLY CONSPIRED WITH RICHARD G HILL,
ESQ. IN ATTEMPT TO DISBAR COUGHLIN TO COVER UP THE SHERIFF'S OFFICE'S PRACTICE OF BURGLARIZING TENANTS
Additional Text: ZACHARY COUGHLIN - PROPER
9/20/2013 - 4113 - District Ct Deficiency Notice 245
Additional Text: 05/20/13 - Transaction 4010680 - Approved By: NOREVIEW : 09-20-2013:10:42:24
9/20/2013 - 4113 - District Ct Deficiency Notice 246
Additional Text: 09-19-13 - Transaction 4010680 - Approved By: NOREVIEW : 09-20-2013:10:42:24
Additional Text: CERTIFICATE OF CLERK AND TRANSMITTAL - NOTICE OF APPEAL 05-20 - Transaction 4010680 - Approved By:
NOREVIEW : 09-20-2013:10:42:24
Additional Text: CERTIFICATE OF CLERK AND TRANSMITTAL - NOTICE OF APPEAL 09-19 - Transaction 4010680 - Approved By:
NOREVIEW : 09-20-2013:10:42:24
F I L E D
Electronically
03-30-2012:04:14:37 PM
Clerk of the Court
Transaction # 2859996 1
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6 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
7 IN AND FOR THE COUNTY OF WASHOE
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9 ZACHARY COUGHLIN, Case No.: CVII-03628
10 Plaintiff, Dept. No.: 7
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vs.
MATTHEW MERLISS,
Defendant.
~ /
ORDER
This case is an appeal from Reno Justice Court ("RJC") and involves the summar
eviction of a tenant, Plaintiff ZACHARY COUGHLIN ("Coughlin"), under NRS Chapter 40.
Currently before this Court are three matters, all of which have been fully briefed and submitte
for decision.
The first matter is Coughlin's Motion Under NRCP 52(b) to Amend or Make Additiona
Findings of Fact; or, Pled in the Alternative, Motion Under NRCP 59 to Alter or Amend th
22 Order Denying Motion to Prevent Disposal of Personal Property. The second matter i
23 Defendant MATTHEW MERLISS's ("Merliss") Motion for Leave to File Answering Brief i
24 Excess of Five Pages. The third and final matter is the parties' Appellate Briefs, includin
25 Coughlin's Opening Briefand Merliss's Answering Brief This Court will address each ofthes
26 matters in turn. I
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I The parties are familiar with the facts and procedural history of this case. Thus, this Court will recite neither th
facts nor procedural history unless doing so is necessary to this Court's determination.
1
1 NRCP 52(b) and NRCP 59
2 The object of Coughlin's Motion filed on January 30, 2012 appears to be this Court'
3 Order dated January 11, 2012. In that Order, this Court denied Coughlin's emergency reques
4 for a temporary restraining order. Coughlin made the request after Judge Sferrazza of RJ
5 entered an Order on December 21, 2011, in which he ordered: (1) Coughlin to pay $480.00 t
6 Merliss for storage of his personal property between November 1, 2011 and November 16,2011;
7 and (2) Coughlin shall have access to the premises from 9:00 a.m. to 5:00 p.m.
8 December 22,2011 and December 23,2011 to remove his personal property.
9 Coughlin claims this Court's January 11,2012 Order "is clearly inaccurate to the exten
lOis purports to find that the undersigned made any agreement to waive his security deposit i
11 exchange for additional access to the property." (PI. Mot. at p. 12.) In addition, Coughlin aver
12 counsel for Merliss misled this Court by claiming Coughlin was permitted to remove persona
13 property after 5 :00 p.m. Coughlin further alleges counsel for Merliss "boarded up" the premises
14 "install [ ed] a chain and padlock on the back gate," and later attempted to file suit for the disposa
15 costs of removing the property, all of which prevented Coughlin from removing the items in th
16 first place. (PI. Mot. at p. 14.) Consequently, Coughlin contends this Court's Order should b
17 amended or altered under NRCP 52 or 59 to include these allegations as additional findings 0
18 fact.
19 Conversely, in his Opposition filed on February 3, 2012 Merliss avers Coughlin fails t
20 articulate which findings he wants amended under NRCP 52. Even if Coughlin did articulat
21 such findings, however, Merliss contends relief under NRCP 52(b) is nonetheless unavailable t
22 Coughlin because this Court's Order did not contain a final judgment, as that rule requires.
23 Similarly, Merliss contends Coughlin is not entitled to relief under NRCP 59(e) because "n
24 judgment has ever been entered by this court in this case, so there is no judgment for this court t
25 alter or amend." (Def. Opp'n at p. 2.) In short, Merliss contends Coughlin's Motion lacks an
26 evidentiary basis, is "nonsense ... filed only to delay this matter and drive up fees," and i
27 "completely devoid of any merit whatsoever," to the extent "it is even decipherable." (Def
28
2
1 Opp'n at p. 1, 2.) In fact, Merliss claims Coughlin should be subject to sanctions for hi
2 "vexatious litigation tactics." (Def. Opp'n at p. 3.)
3 After reviewing the parties' pleadings and the exhibits attached thereto, and afte
4 reviewing this Court's January 11,2012 Order, this Court has gleaned from Coughlin's Motio
5 certain additional findings of fact that Coughlin contends should be included - by amendment 0
6 alteration - in this Court's Order. Ultimately, however, this Court finds the Order i
7 unamendable or unalterable under the Rules Coughlin cites because said Order does not contai
8 a final appealable judgment, or a disposition that resolves all of the parties' claims.
9 Simmons Self-Storage Partners, LLC v. Rib Roof, Inc., 247 P.3d 1107, 1108 (Nev. 2011
10 (explaining jurisdiction to consider an appeal from the district court depends on whether th
11 district court has entered a final judgment); Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2
12 416, 417 (2000) (defining "final judgment" as a judgment that "disposes of all the issue
13 presented in the case, and leaves nothing for the future consideration of the court, except fo
14 post-judgment issues such as attorney's fees and costs."). As a consequence, this Court find
15 relief under NRCP 52 or 59 is unavailable to Coughlin.
16 Although Simmons and GNL V involve appeals to the Nevada Supreme Court from th
17 district court, this Court finds the jurisdictional principles announced in those cases also apply t
18 the district court when the district court considers appeals from the justice courts, as well a
19 when the district court considers motions under NRCP 52 or 59, as we have in this case.
20 Therefore, this Court concludes Coughlin's Motion Under NRCP 52(b) to Amend or Mak
21 Additional Findings of Fact; or, Pled in the Alternative, Motion Under NRCP 59 to Alter 0
22 Amend the Order Denying Motion to Prevent Disposal of Personal Property is DENIED.
23 Leave to File Answering Brief in Excess of Five Pages
24 In light of the voluminous record in this case (which exceeds 2,000 pages), includin
25 lengthy briefs filed by Coughlin,2 this Court finds good cause exists to grant Merliss leave to fil
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2 This Court acknowledges Merliss's complaint that Coughlin has violated the page limits contained in Orders fro
this Court, as well as the local rules. However, pursuant to this Court's longstanding policy of considering cases 0
the merits, as opposed to dismissing them for procedural reasons, this Court will overlook such violations in thi
particular case.
3
1 an answering brief in excess of five pages. In addition, this Court denies Merliss's motion t
2 strike the excess material filed by Coughlin and also denies Merliss's request for leave to file
3 supplemental brief to meet the arguments contained in that excess material.
3
4 Appellate Briefs
5 As mentioned previously, this case involves the summary eviction of Coughlin from 121
6 River Rock Street, Reno, NV 89501 ("the Property"). After two hearings in RJC in whic
7 Coughlin alleged defenses of habitability, retaliation, and discrimination, Judge Sferrazz
8 adjudged Coughlin summarily evicted from the Property pursuant to NRS 40.253(6) by Orde
9 dated October 27, 2011. Specifically, Judge Sferrazza found Merliss properly terminate
10 Coughlin's tenancy and thereafter properly served Coughlin with a notice of unlawful detainer.
11 Judge Sferrazza further found "Coughlin failed to present any evidence that Merliss acted in an
12 prohibited, discriminatory, or retaliatory fashion as alleged by Coughlin, or otherwise.'
13 (Sferrazza, J., Order, Case No. REV2011-001708, Oct. 27, 2011.)
14 As a result, Coughlin was ordered to vacate the premises by October 31, 2011 at 5:0
15 p.m. Coughlin failed to do so. He also failed to remove his personal belongings. Consequently
16 Merliss sought a personal property lien for storage of Coughlin's personal belongings in th
17 Property from the period of November 1,2011 to November 16,2011. Coughlin filed a motio
18 to contest the lien. On December 21,2011, Judge Sferrazza ordered Coughlin to pay to Merlis
19 $480.00 as "fair and reasonable compensation" for Merliss's storage of his personal belongings.
20 (Sferrazza, J., Order, Case No. REV2011-001708, Dec. 21, 2011.) Judge Sferrazza also grante
21 Coughlin access to the Property to remove his personal belongings by December 23, 2011 a
22 5:00 p.m. Coughlin failed to do so. As a result, Merliss hired a contractor to dispose 0
23 Coughlin's personal belongings. Coughlin appealed.
24 Coughlin filed his Opening Brief ("Brief') on February 6, 2012.4 Merliss filed hi
25 Answering Brief ("Response") on February 24, 2012. This Court took the matter unde
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3 See note 2, supra. Merliss made this request in footnote 14 of his Answering Brief, discussed infra.
4 This pleading replaced an Opening Brief Coughlin previously filed two days earlier. Consequently, this Court wil
treat this brief as the operative pleading. In addition, on February 7, 2012 Coughlin filed a Supplement t
Appellant's Opening Brief, to which he attached an exhibit containing a CD of audio recordings.
4
1 submission on February 27, 2012. This Order now follows. As a preliminary matter, however
2 this Court notes it is the issue of summary eviction and the Judge Sferrazza's October 27, 2011
3 Order that presently concerns this Court.
5
4 Standard of Review
5 On civil appeals from justice courts to district courts, a case "must not be tried anew.'
6 NJCRCP 72(c). Whether on appeal at the Nevada Supreme Court from a district court, or 0
7 appeal at a district court from a justice court, a lower court's findings "will not be disturbed 0
8 appeal unless they are clearly erroneous and are not based on substantial evidence." Gibellini v
9 Klindt, 110 Nev. 1201, 1204,885 P.2d 540,542 (1994).
10 "[A]n order granting summary eviction under NRS 40.253(6) should be reviewed 0
11 appeal based upon the standard for review of an order granting summary judgment under NRC
12 56 because these proceedings are analogous." Anvui, LLC v. G.L. Dragon, LLC, 123 Nev. 212
13 215, 163 P.3d 405, 407 (2007). Summary judgment is proper only if no genuine issue 0
14 material fact exists and the moving party is entitled to judgment as a matter of law. N EV. R. CIv
15 P. 56(c); see Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005). Th
16 moving party bears the initial burden of proving there is no genuine issue of material fact. Main
17 v. Stewart, 109 Nev. 721, 726-27, 857 P.2d 755, 758 (1993).
18 Once the moving party satisfies this burden, however, the burden shifts to the nonmovin
19 party to show the existence of a genuine issue of material fact. Id. at 727. While the pleading
20 and the record must be construed in the light most favorable to the nonmoving party, the part
21 must do more than simply show there is some metaphysical doubt as to the operative facts
22 Wood, 121 Nev. at 729. To avoid having summary judgment entered against it, the party must
23
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5 On appeal, Coughlin's Brief spans forty-seven pages and contains several allegations and claims. Many of thes
claims touch upon collateral issues like, for example, alleged relationships between Merliss's counsel and la
enforcement, alleged unconstitutional acts of city employees under Monell v. Dep't of 'soc. Servs., 436 U.S. 65
(1978), and Merliss's alleged disinterest in complaints from people like Coughlin and others associated wit
Coughlin. As such, this Court will not address these issues. In addition, because Coughlin failed to timely file hi
notice of appeal regarding the personal property lien, see NRS 40.253(8), and because Coughlin's notice of appea
fails to identify an error regarding the court's procedure in setting a hearing on this issue, this Court will no
consider this issue.
5
1 by affidavit or otherwise, set forth specific facts demonstrating the existence of a genuine issu
2 for trial. Id.
3 Legal Analysis
4 This Court has reviewed all of the parties' pleadings and the exhibits attached thereto
5 This Court also has considered all of the parties' relevant arguments. After this review an
6 consideration, this Court will not disturb Judge Sferrazza's October 27, 2011 Order grantin
7 summary eviction. This Court finds that Order was based on substantial evidence and it was no
8 clearly erroneous. Thus, this Court concludes Merliss has met his initial burden of proving ther
9 is no genuine issue of material fact regarding whether Coughlin was summarily evicted properly
10 Consequently, the burden shifts to Coughlin to show the existence of a genuine issue of materia
11 fact.
12 Although Coughlin raises several claims and makes numerous allegations in his Brie
13 Coughlin fails to present additional facts related to his defenses raised in RJC that undermine 0
14 legitimately call into question the substantial evidence upon which Judge Sferrazza relied whe
15 he granted summary eviction. This Court gives substantial deference to the lower court's factua
16 findings in this regard, particularly in light of the numerous hearings held before Judge Sferrazz
17 and Coughlin's related opportunities to present evidence supporting his various defenses.
18 Therefore, this Court finds no genuine issue of material fact exists regarding whether Coughli
19 was summarily evicted properly in the lower court. As a result, Coughlin's appeal is DENIED.
20 CONCLUSION
21 Accordingly, in summary, this Court orders:
22 1) Coughlin's Motion Under NRCP 52 (b) to Amend or Make Additional Findings of
23 Fact; or, Pled in the Alternative, Motion Under NRCP 59 to Alter or Amend the
24 Order Denying Motion to Prevent Disposal of Personal Property is DENIED;
25
26
27 III
28 III
2) Merliss's request for leave to file Answering Brief in excess of five pages is
GRANTED; and
6
1 3) Coughlin's appeal regarding summary eviction from the Property is DENIED.
2 IT IS SO ORDERED.
3 DATED this -3.CL day of March, 2012.
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PATRICK FLANAGAN
District Judge
1 CERTIFICATE OF SERVICE
2 Pursuant to NRCP 5(b), I hereby certify that I am an employee of the Second Judicial
3 District Court of the State of Nevada, County of Washoe; that on this day of March,
4 2012, I electronically filed the following with the Clerk of the Court by using the ECF system
5 which will send a notice of electronic filing to the following:
6 Zachary Coughlin, Esq. on his own behalf; and
7 Richard Hill, Esq. for Matt Merliss.
8 I deposited in the Washoe County mailing system for postage and mailing with the
9 United States Postal Service in Reno, Nevada, a true copy of the attached document addressed
10 to:
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F I L E D
Electronically
03-30-2012:04:48:49 PM
Clerk of the Court
gr
LAW OFFICE
RICHARD G. HILL
1 Code No. 2540
RICHARD G. HILL, ESQ.
2 State Bar No. 596
CASEY D. BAKER, ESQ.
3 State Bar No. 9504
RICHARD G. HILL, LTD.
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
Attorney for Respondent Matt Merliss
6
9
ZACHARY BARKER COUGHLIN, )
10 ) Case No.: CVll-03628
Appellant, )
11 ) Dept. NO.7
v. )
12 )
MATT MERLISS, )
13 )
Respondent. )
14 )
15 NOTICE OF ENTRY OF ORDER
16 TO: ZACHARY BARKER COUGHLIN, the above-named appellant.
17 YOU WILL PLEASE TAKE NOTICE that an Order was entered on March
18 30, 2012, in the above-entitled matter.
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A true and correct copy of said Order is attached hereto as EXHIBIT 1.
AFFIRMATION Pursuant to NRS 239B.030
The undersigned does hereby affirm that the preceding document does not
22 contain the social security number of any person .
'> E.
23 DATED this D day of March, 2012.
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c
Post Office Box 2551 28
Reno, Nevada 69505
(775) 346-0888
Fax(77 5) 346-0656
LAW OFFICE
RICHARD G. HILL
1
2
CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I hereby certify that I am an employee of RICHARD G.
3 HILL, LTD., and that on 2012, I electronically filed the foregoing
4 Notice of Entry of Order with the Clerk of the Court by using the ECF system which will
5 send a notice of electronic filing to the following:
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Zach Cou&hlin, Esq.
1422 E. 9 Street, # 2
Reno, Nevada 89501
'Post Office Box 2551 28
Reno, Nevada 69505
(7l5) 346"()688
Fax(775) 346"()858
LAW OFFICE
RICHARD G. HILL
1
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Reno, N.evada 89505
(775) 3480888
Fax(775) 3480858
I DESCRIPTION
Order
EXHIBIT INDEX
F I L E D
Electronically
03-30-2012:04:48:49 PM
Clerk of the Court
EXHIBIT 1
. EXHIBIT 1
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F I LED
Electronically
03-30-2012:04:14:37 PM
Clerk of the Court
Transaction # ~ @ 9 9 6
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9 ZACHARY COUGHLIN, Case No.: CVI1-03628
7 10 Plaintiff, Dept. No.:
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vs.
MATTHEW MERLISS,
Defendant.
________________________ I
ORDER
This case is an appeal from Reno Justice Court ("RJC") and involves the swnm
eviction of a tenant, Plaintiff ZACHARY COUGHLIN ("Coughlin"), under NRS Chapter 40
Currently before this Court are three matters, all of which have been fully briefed and submitt
for decision.
The first matter is Coughlin's Motion Under NRCP 52(b) to Amend or Make Additiona
Findings of Fact; or, Pled in the Alternative, Motion Under NRCP 59 to Alter or Amend th
Order Denying Motion to Prevent Disposal of Personal Property. The second matter i
Defendant MATTHEW MERLISS's ("Merliss") Motion for Leave to File Answering Brief i
Excess of Five Pages. The third and final matter is the parties' Appellate Briefs, includin
Coughlin's Opening Briefand Merliss's Answering Brief. This Court will address each ofthes
26 matters in turn.
1
27
28
I The parties are familiar with the facts and procedural history of this case. Thus, this Court will recite neither th
facts nor procedural history unless doing so is necessary to this Court's detennination.
1
NRCP 52(b) and NRCP 59
2 The object of Coughlin's Motion filed on January 30, 2012 appears to be this Court'
3 Order dated January II, 2012. In that Order, this Court denied Coughlin's emergency reques
4 for a temporary restraining order. Coughlin made the request after Judge Sferrazza of RJ
5 entered an Order on December 21,2011, in which he ordered: (l) Coughlin to pay $480.00 t
6 Merliss for storage ofms personal property between November 1,2011 and November 16,2011'
7 and (2) Coughlin shall have access to the premises from 9:00 a.m. to 5:00 p.m. on bo
8 December 22,2011 and December 23,2011 to remove his personal property.
9 Coughlin claims this Court's January 11,2012 Order "is clearly inaccurate to the exten
lOis purports to find that the undersigned made any agreement to waive his security deposit .
11 exchange for additional access to the property." (PI. Mot. at p. 12.) In addition, Coughlin ave
12 counsel for Merliss misled this Court by claiming Coughlin was permitted to remove perso
13 property after 5:00 p.m. Coughlin further alleges counsel for Merliss "boarded up" the premises
14 "install[ ed] a chain and padlock on the back gate," and later attempted to file suit for the dispo
15 costs of removing the property, all of which prevented Coughlin from removing the items in th
16 first place. (PI. Mot. at p. 14.) Consequently, Coughlin contends this Court's Order should
17 amended or altered under NRCP 52 or 59 to include these allegations as additional findings 0
18 fact.
19 Conversely, in his Opposition filed on February 3, 2012 Merliss avers Coughlin fails t
20 articulate which findings he wants amended under NRCP 52. Even if Coughlin did articulat
21 such findings, however, Merliss contends relief under NRCP 52(b} is nonetheless unavailable
22 Coughlin because this Court's Order did not contain a final judgment, as that rule requires
23 Similarly, Merliss contends Coughlin is not entitled to relief under NRCP 59(e} because "n
24 judgment has ever been entered by this court in this case, so there is no judgment for this court t
25 alter or amend." (Def. Opp'n at p. 2.) In short, Merliss contends Coughlin's Motion lacks an
26 evidentiary basis, is "nonsense ... filed only to delay this matter and drive up fees," and i
27 "completely devoid of any merit whatsoever," to the extent "it is even decipherable."(Def
28
2
1 Opp'n at p. 1, 2.) In fact, Merliss claims Coughlin should be subject to sanctions for hi
2 "vexatious litigation tactics." (Def. Opp'n at p. 3.)
3 After reviewing the parties' pleadings and the exhibits attached thereto, and afte
4 reviewing this Court's January 11,2012 Order, this Court has gleaned from Coughlin's Motio
5 certain additional findings of fact that Coughlin contends should be included - by amendment 0
6 alteration - in this Court's Order. Ultimately, however. this Court finds the Order
7 unamendable or unalterable under the Rules Coughlin cites because said Order does not con
8 a final appealable judgment. or a disposition that resolves all of the parties' claims. S
9 Simmons Self-Storage Partners. LLC v. Rib Roof, Inc., 247 P.3d 1107, 1108 (Nev. 2011
10 (explaining jurisdiction to consider an appeal from the district court depends on whether th
11 district court has entered a final judgment); Lee v. GNLV Cmp., 116 Nev. 424, 426. 996 P.2
12 416, 417 (2000) (defining "final judgment" as a judgment that "disposes of all the issu
13 presented in the case, and leaves nothing for the future consideration of the court, except fo
14 post-judgment issues such as attorney's fees and costs.). As a consequence, this Court find
15 relief under NRCP 52 or 59 is unavailable to Coughlin.
16 Although Simmons and GNL V involve appeals to the Nevada Supreme Court from th
17 district court, this Court finds the jurisdictional principles announced in those cases also apply t
18 the district court when the district court considers appeals from the justice courts, as well
19 when the district court considers motions under NRCP 52 or 59, as we have in this case
20 Therefore, this Court concludes Coughlin's Motion Under NRCP 52(b) to Amend or Mak
21 Additional Findings of Fact; or, Pled in the Alternative, Motion Under NRCP 59 to Alter 0
22 Amend the Order Denying Motion to Prevent Disposal of Personal Property is DENIED.
23 Leave to File Answering Brief in Excess of Five Pages
24 In light of the voluminous record in this case (which exceeds 2,000 pages). includin
25 lengthy briefs filed by Coughlin,2 this Court finds good cause exists to grant Merliss leave to fil
26
27
28
2 This Court acknowledges Merliss's complaint that Coughlin has violated the page limits contained in Orders fro
this Court, as well as the local rules. However, pursuant to this Court's longstanding policy of considering cases 0
the merits, as opposed to dismissing them for procedural reasons, this Court will overlook such violations in thi
particular case.
3
1 an answering brief in excess of five pages. In addition, this Court denies Merliss's motion t
2 strike the excess material filed by Coughlin and also denies Merliss's request for leave to file
3 supplemental brief to meet the arguments contained in that excess material.
3
4 Appellate Briefs
5 As mentioned previously, this case involves the summary eviction of Coughlin from 121
6 River Rock Street, Reno, NV 89501 ("the Property"). After two hearings in ruc in whic
7 Coughlin alleged defenses of habitability, retaliation, and discrimination, Judge Sferr
8 adjudged Coughlin summarily evicted from the Property pursuant to NRS 40.253(6) by Orde
9 dated October 27, 2011. Specifically, Judge Sferrazza found Merliss properly terminate
10 Coughlin's tenancy and thereafter properly served Coughlin with a notice of unlawful detainer.
11 Judge Sferrazza further found "Coughlin failed to present any evidence that Merliss acted in an
12 prohibited, discriminatory, or retaliatory fashion as alleged by Coughlin, or otherwise.'
13 (Sferrazza, J., Order, Case No. REV2011-001708. Oct. 27, 2011.)
14 As a result, Coughlin was ordered to vacate the premises by October 31, 2011 at 5:0
15 p.m. Coughlin failed to do so. He also failed to remove his personal belongings. Consequently
16 Merliss sought a personal property lien for storage of Coughlin's personal belongings in th
17 Property from the period of November 1, 2011 to November 16, 20 II. Coughlin filed a motio
18 to contest the lien. On December 21,201 I, Judge Sferrazza ordered Coughlin to pay to Merlis
19 $480.00 as "fair and reasonable compensation" for Merliss's storage of his personal belongings
20 (Sferrazza, J., Order, Case No. REV2011-001708, Dec. 21,2011.) Judge Sferrazza also grante
21 Coughlin access to the Property to remove his personal belongings by December 23, 2011 a
22 5 :00 p.m. Coughlin failed to do so. As a result, Merliss hired a contractor to dispose 0
23 Coughlin's personal belongings. Coughlin appealed.
24 Coughlin filed his Opening Brief ("Brief') on February 6, 2012.
4
25 Answering Brief ("Response") on February 24, 2012. This Court took the matter und
26
27
28
3 See note 2, supra. Merliss made this request in footnote 14 of his Answering Brief, discussed infra.
4 This pleading replaced an Opening Brief Coughlin previously fi1ed two days earlier. Consequently, this Court wil
treat this brief as the operative pleading. In addition, on February 7, 2012 Coughlin filed a Supplemenl I
Appellant's Opening Brief, to which he attached an exhibit containing a CD of audio recordings.
4
submission on February 27, 2012. This Order now follows. As preliminary matter, however
2 this Court notes it is the issue of summary eviction and the Judge Sferrazza's October 27, 2011
3 Order that presently concerns this Court.
5
4 Standard of Review
5 On civil appeals from justice courts to district courts, a case "must not be tried anew.'
6 NJCRCP 72(c). Whether on appeal at the Nevada Supreme Court from a district court, or 0
7 appeal at a district court from a justice court, a lower court's fmdings "will not be disturbed 0
8 appeal unless they are clearly erroneous and are not based on substantial evidence." Oi ellini v
9 Klindt, 110 Nev. 1201, 1204,885 P.2d 540, 542 (1994).
10 "[A]n order granting summary eviction under NRS 40.253(6) should be reviewed 0
11 appeal based upon the standard for review of an order granting summary judgment under NRC
12 56 because these proceedings are analogous." Anvui, LLC v. G.L. Dragon, LLC, 123 Nev.212
13 215, 163 P.3d 405, 407 (2007). Summary judgment is proper only if no genuine issue 0
14 material fact exists and the moving party is entitled to judgment as a matter of law. NEV. R CIv
15 P. 56(c); see Wood v. Safeway. Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005). Th
16 moving party bears the initial burden of proving there is no genuine issue of material fact.
17 v. Stewart, 109 Nev. 721, 857 P.2d 755,758 (1993).
18 Once the moving party satisfies this burden, however, the burden shifts to the nonmovin
19 party to show the existence of a genuine issue of material fact. Id. at 727. While the pleading
20 and the record must be construed in the light most favorable to the nonmoving party, the part
21 must do more than simply show there is some metaphysical doubt as to the operative facts
22 Wood, 121 Nev. at 729. To avoid having summary judgment entered against it, the party must
23
24
25
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3 On appeal, Coughlin's Brie/spans pages and contains several allegations and claims. Many ofthes
claims touch upon conateral issues like, for example, alleged relationships between Merliss's counsel and la
enforcement, alleged unconstitutional acts of city employees under Monell v. Dep't of.Soc. Servs., 436 U.S. 65
(1978), and Merliss's alleged disinterest in complaints from people like Coughlin and others associajed w
Coughlin. As such, this Court will not address these issues. In addition, because Coughlin failed to timely file hi
notice of appeal regarding the personal property lien, NRS 40.253(8), and because Coughlin's notice of appea
fails to identify an error regarding the court's procedure in setting a hearing on this issue, this Court will no
consider this issue.
5
I by affidavit or otherwise, set forth specific facts demonstrating the existence of a genuine issu
2 for trial. Id.
3 Legal Analysis
4 This Court has reviewed all of the parties' pleadings and the exhibits attached thereto
5 This Court also has considered all of the parties' relevant arguments. After this review an
6 consideration, this Court will not disturb Judge Sferrazza's October 27, 2011 Order grantin
7 summary eviction. This Court finds that Order was based on substantial evidence and it was no
8 clearly erroneous. Thus, this Court concludes Merliss has met his initial burden of proving ther
9 is no genuine issue of material fact regarding whether Coughlin was summarily evicted properly
10 Consequently, the burden shifts to Coughlin to show the existence of a genuine issue of materi
11 fact.
12 Although Coughlin raises several claims and makes numerous allegations in his Brie
13 Coughlin fails to present additional facts related to his defenses raised in RJC that undermine 0
14 legitimately call into question the substantial evidence upon which Judge Sferrazza relied whe
15 he granted summary eviction. This Court gives substantial deference to the lower court's fa
16 findings in this regard, particularly in light of the numerous hearings held before Judge Sferrazz
17 and Coughlin's related opportunities to present evidence supporting his various defenses.
18 Therefore, this Court finds no genuine issue of material fact exists regarding whether Coughli
19 was summarily evicted properly in the lower court. As a result, Coughlin's appeal is DENIED.
20 CONCLUSION
21 Accordingly, in summary, this Court orders:
22 1) Coughlin's Motion Under NRCP 52(b) to Amend or Make Additional Findings of
23 Fact; or, Pled in the Alternative, Motion Under NRCP 59 to Alter or Amend the
24 Order Denying Motion to Prevent Disposal of Personal Property is DENIED;
25 2)
26
27 III
28 III
Merliss's request for leave to file Answering Brief in excess of five pages is
GRANTED; and
6
1 3) Coughlin's appeal regarding summary eviction from the Property is DENIED.
2 IT IS SO ORDERED.
3 DATED this..3l1- day of March, 2012.
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1
PATRICK FLANAGAN
District Judge
1 CERTIF1CATE OF SERVICE
3 District Court of the State of Nevada, County of Washoe; that on this day of March,
6 Zachary Coughlin, Esq. on his own behalf; and
7 Richard Hill, Esq. for Matt Merliss.
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F I L E D
Electronically
05-22-2012:03:47:43 PM
Clerk of the Court
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9 ZACHARY BARKER COUGHLIN, Case No.: CVII-03628
7 10 Appellant, Dept. No.:
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vs.
MATT MERLISS,
Respondent.
__________________________ 1
ORDER
Currently before this Court is Respondent MATT MERLISS' s Memorandum of Cost
and Disbursements ("Memorandum") filed on April 3, 2012. Merliss's Memorandum follows
.
Order from this Court dated March 30, 2012, in which this Court denied Appellant ZACHAR
BARKER COUGHLIN's appeal from a summary eviction order entered in the Reno Justic
Court. Coughlin filed an Opposition to Memorandum of Costs on April 7, 2012, and Merlis
filed a Reply to Coughlin's "Opposition to Memorandum of Costs " on April 12,2012.
After considering the parties' pleadings and the exhibits attached thereto,
considering all of the arguments contained in the parties' moving papers, this Court find
Merliss, pursuant to NRS 18.110: (1) timely filed his Memorandum and (2) stated to the best 0
his knowledge and belief that (a) the subject items are correct and (b) the costs have bee
necessarily incurred in the action or proceeding.
/II
/II
1
1 Accordingly, Merliss's Memorandum o/Costs and Disbursements is GRANTED.
2 IT IS SO ORDERED.
3 DATED this :'* day of May, 2012.
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PATRICK FLANAGA
District Judge
2
3 District Court of the State of Nevada, County of Washoe; that on this 2 ~ day of May, 2012,
4 I electronically filed the following with the Clerk of the Court by using the ECF system which
5 will send a notice of electronic filing to the following:
6 Richard Hill, Esq. for Matthew Merliss; and
7 Zachary Coughlin, Esq. for himself.
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F I L E D
Electronically
05-22-2012:05:02:07 PM
Clerk of the Court
gr 1 Code No. 2540
LAW OFFICE
RICHARD G. HILL
2 State Bar No. 596
CASEY D. BAKER, ESQ.
3 State Bar No. 9504
RICHARDG. HILL, LTD.
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
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ZACHARY BARKER COUGHLIN,
Appellant,
v.
MATT MERLISS,
)
)
)
)
)
)
)
)
Respondent. )
-------------------------)
Case No.: CVll-03628
Dept. NO.7
NOTICE OF ENTRY OF ORDER
17 YOU WILL PLEASE TAKE NOTICE that an Order was entered on May 22,
18 2012, in the above-entitled matter.
19
20
21
. The undersigned does hereby affirm that the preceding document does not
22 contain the social security number of any person.
23 DATED this 2012.
24
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(775) 348-0888
Fax(775) 348-0858
LAW OFFICE
RICHARD G. HILL
1
2
PursuanttoNRCP 5(b), I hereby certify that I am an employee of RICHARD G.
3 HILL, LTD., and that on the ~ M d a y of May, 2012, I electronically filed the foregoing
5 send a notice of electronic filing to the following:
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Zach Coufflhlin, Esq.
1422 E. 9 Street, #2
Reno, Nevada 89501
Reno, Nevada 89505
(775) 348-OB88
Fax(775) 348-0858
LAW OFFICE
RICHARD G. HILL
1 EXHIBIT INDEX
: I :XHIBITNO'I I :AGES
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Reno, Nevada 89505
(775) 348-0888
Fax(775} 3480858
F I L E D
Electronically
05-22-2012:05:02:07 PM
Clerk of the Court
EXHIBIT 1
EXHIBIT 1
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F I LED
Electronically
05-22-2012:03:47:43 PM
Clerk of the Court
.. .
8
9 ZACHARY BARKER COUGHLIN,
10 Appellant,
11
12
13
14
vs.
MATT MERLISS,
Respondent.
Case No.:
Dept. No.:
15 ORDER
CVllw03628
7
16 Currently before this Court is Respondent MATT MERLISS's Memorandum of Cost
17 and Disbursements ("Memorandwn") filed on April 3,2012. Merliss's Memorandum follows
.
18 Order from this Court dated March 30, 2012, in which this Court denied Appellant ZACHAR
19 BARKER COUGHLIN's appeal from a summary eviction order entered in the Reno Justic
20 Court. Coughlin filed an Opposition to Memorandum of Costs on April 7, 2012, and Merlis
21 filed a Reply to Coughlin's "Opposition to Memorandum of Costs " on April 12, 2012.
22 After considering the parties' pleadings and the exhibits attached thereto, and afte
23 considering all of the argwnents contained in the parties' moving papers, this Court find
24 Merliss, pursuant to NRS 18.110: (1) timely filed his Memorandum and (2) stated to the best 0
25 his knowledge and bdief that (a) the subject items are correct and (b) the costs have be
26 necessarily incurred in the action or proceeding.
27 III
28 III
1
1 Accordingly, Merliss's Memorandum of Costs and Disbursements is GRANTED.
2 IT IS SO ORDERED.
3 DATED this OJ,J,. day of May, 2012.
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PATRICK FLANAG
District Judge
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Pursuant to NRCP 5(b), I hereby certify that I am an employee of the Second Judicial
District Court of the State of Nevada, County of Washoe; that on this 02.rL day of May, 2012,
I electronically filed the following with the Clerk of the Court by using the ECF system which
will send a notice of electronic filing to the following:
Richard Hill, Esq. for Matthew Merliss; and
Zachary Coughlin, Esq. for himself.
I deposited in the Washoe County mailing system for postage and mailing with the
United States Postal Service in Reno, Nevada, a true copy ofthe attached document addressed
to:
3
F I L E D
Electronically
08-21-2012:05:03:24 PM
Clerk of the Court
1
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8
9 ZACHARY BARKER COUGHLIN, Case No.: CVII-03628
7 10 Appellant, Dept. No.:
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vs.
MATT MERLISS,
Respondent.
____________________________ 1
ORDER
Currently before this Court is Appellant ZACHARY BARKER COUGHLIN's Motion t
Alter or Amend Order Grandting [sic] Memorandum o/Costs filed on June 8,2012. Responden
MATT MERLISS filed an Opposition to Motion to Alter or Amend Order Grantin
Memorandum 0/ Costs on June 25, 2012. Coughlin filed no Reply Brief and this matter wa
submitted for decision on July 9, 2012.
On May 22, 2012, this Court entered an Order granting Merliss's Memorandum o/Cost
and Disbursements ("Memorandum"). Merliss's Memorandum followed another Order fro
this Court dated March 30,2012, in which this Court denied Coughlin's appeal from a summar
eviction order entered in the Reno Justice Court.
Coughlin's Motion appears to attempt to re-litigate substantive issues this Court ha
already decided, or frivolous claims this Court has previously ignored. The merits of this case
as well as Merliss's legal right to recover his litigation costs, have been adjudicated and fina
judgments on those merits has been entered. Yet Coughlin in his Motion attempts to rehash mos
1
1 if not all of those arguments, particularly the arguments against Merliss's costs, which he simpl
2 copied and pasted from his previous Opposition Brief. Moreover, Coughlin's Motion-as wit
3 nearly all of his previous pleadings-ignores the page limit set for motions in the local rules 0
4 practice. In short, Coughlin's Motion is an abusive, confusing and procedurally imprope
5 pleading that is plainly devoid of any substantive grounds upon which this Court should alter 0
6 amend the Order granting Merliss's Memorandum. Coughlin's Motion to Alter or Amend Orde
7 Grandting [sic] Memorandum o/Costs is DENIED.
8 IT IS SO ORDERED.
9 DATED this ~ day of August, 2012.
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PATRICK FLANAGA
District Judge
3 District Court of the State of Nevada, County of Washoe; that on this:<; day of August,
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2012, I electronically filed the following with the Clerk of the Court by using the ECF system
which will send a notice of electronic filing to the following:
United States Postal Service in Reno, Nevada, a true copy of the attached document addressed
to:
U ICI slstan
3
F I L E D
Electronically
08-28-2012:04:32:12 PM
Clerk of the Court
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Appellant,
vs.
MATT MERLISS,
Respondent.
__________________________ 1
Case No.:
Dept. No.:
ORDER
CV11-03628
7
Currently before this Court are two matters initiated by Appellant ZACHARY BARKE
COUGHLIN but submitted-and opposed-by Respondent MATT MERLISS. The first is
Motion to Alter or Amend Order, or Pled in Alternalid [sic] Motion to Set Aside Attorney Fe
Award and Motion for Order Shortening Time and Notice of Appeal of A tty [sic] Fee Award a
6/25/12 filed on July 24,2012. Merliss filed an Opposition to "A1otion to Alter or Amend Order,
or Pled in the Alternatid (sic), Motion to Set Aside Attorney Fee Award and Motion for Orde
Shortening Time and Notice of Appeal of A!ty (sic) Fee Award of 6/25/12" on July 31, 2012.
Coughlin filed no Reply Brief and the matter was submitted for decision on August 10, 2012.
The second is a NRCP 60(b)(4) Motion to Set Aside Attorney's Fees filed on July 31
2012. Merliss filed an Opposition to NRCP 60(b)(4) Motion to Set Aside Attorney's Fees 0
August 10, 2012. Coughlin filed no Reply Brief and this matter was submitted for decision 0
August 22, 2012.
1
1 Essentially, both Motions seek to set aside this Court's June 25, 2012 Order grantin
2 attorney's fees to Merliss. Having reviewed both of Coughlin's Motions and the relevant la
3 applicable to each one, this Court finds each Motion is devoid of any facts or legal argument
4 sufficient to require or justify setting aside the attorney's fees award. And this is aside from th
5 myriad procedural and substantive deficiencies contained in each Motion.
6 Again, as was the case in Coughlin's attempt to set aside Merliss's award of costs
7 Coughlin's Motions here attempt to re-litigate substantive issues this Court has already decided,
8 or frivolous claims this Court has previously ignored. This Court has entered final judgment 0
9 the merits of Coughlin's underlying claim and awarded attorney's fees and costs to Merliss. Thi
10 Court will not revisit those decisions here, particularly when Coughlin alleges nothing that woul
11 satisfy the requirements of NRCP 59 or NRCP 60. Accordingly, Coughlin's Motion to Alter a
12 Amend Order, or Pled in Alternatid [sic] Motion to Set Aside Attorney Fee Award and Mafia
13 Jar Order Shortening Time and Notice oj Appeal oj A tty [sic] Fee Award oJ 6/25/12 and NRC
14 60(b)(4) Motion to Set Aside Attorney's Fees are DENIED.
15 In addition, Merliss requests this Court to sanction Coughlin for his repeated violations 0
16 the local rules of procedure. Merliss requests this Court to sanction Coughlin under WDCR 21
17 such that Merliss and his counsel need not oppose or reply to any further filings by Coughlin i
18 this case absent an Order to that effect from this Court.
19 Alongside the numerous procedural violations Coughlin has committed in filing hi
20 papers (ignoring page limits, missing deadlines, etc.), Merliss contends Coughlin's litigatio
21 tactics-including Coughlin's instant attempt to set aside the attorney's fees award-have bee
22 employed not to pursue arguments in good faith but to delay and harass him. Merliss contend
23 Coughlin's behavior has been not only abusive but costly, requiring Merliss to contest each an
24 every allegation Coughlin makes no matter how meritless. This Court agrees.
25 In addition to this Court's power under NRCP 11 to issue sanctions to deter abusiv
26 litigation practices and frivolous filings, "Nevada courts ... possess inherent powers of equit
27 and of control over the exercise of their jurisdiction." Jordan v. State De t. of Motor Vehicle
28 & Public Safety, 121 Nev. 44, 59, 110 P.3d 30,41 (2005), abrogated on other grounds by Buz
2
1 Stew, LLC v. City of North Las Vegas, 124 Nev. 224, 228, 181 P.3d 670, 672 (2008).
2 Coughlin's aberrant behavior has become, unfortunately, common in this case. His failure t
3 follow basic rules of practice and the absence in his numerous filings of any arguable basis eithe
4 in law or fact to support his various claims has led Merliss to needlessly incur costs tha
5 otherwise could have been avoided had Coughlin simply followed the rules. Consequently, thi
6 Court finds sanctions are appropriate under WDCR 21. Accordingly, this Court ORDER
7 Merliss and his counsel may but are not required to oppose or reply to any further filings b
8 Coughlin in this case absent an Order to that effect from this Court.
9 IT IS SO ORDERED.
10 DATED this )8 day of August, 2012.
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3
PATRICK FLANAGAN
District Judge
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Pursuant to NRCP 5(b), I hereby certify that I am an employee of the Second Judicial
District Court ofthe State of Nevada, County of Washoe; that on this ciB day of August,
2012, I electronically filed the following with the Clerk of the Court by using the ECF system
which will send a notice of electronic filing to the following:
United States Postal Service in Reno, Nevada, a true copy of the attached document addressed
to:
4
F I L E D
Electronically
08-29-2012:12:28:30 PM
Clerk of the Court
gr 1 Code No. 2540
LAW OFFICE
RICHARD G. HILL
2 State Bar No. 596
SOPHIE KARADANIS, ESQ.
3' State Bar No. 12006
4 652 Forest Street
Reno, Nevada 89509
5 (775) 348-0888
6
9
10
11
12
13
14
15
Appellant,
v.
MATT MERLISS,
Respondent.
Case No.: CVll-03628
Dept. NO.7
NOTICE OF ENTRY OF ORDER
17 YOU WILL PLEASE TAKE NOTICE that an Order was entered on August 28,
18 2012, in the above-entitled matter.
19
20
21
The undersigned does hereby affirm that the preceding document does not
22 contain the social security number of any person.
23 DATED this ~ of August, 2
24
25
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27
RICHA . HILL, ESQ.
652 Forest Street
Reno, Nevada 89509
Reno, Nevada 89505
Attorney for respondent Matt Merliss
(775) 348-0868
Fax(775) 3480858
LAW OFFICE
RICHARD G. HILL
2 . Pursuant to NRCP s(b), I hereby certify that I am an employee of RICHARD G.
3 HILL, LTD., and that on the l ~ d a y of August, 2012, I electronically filed the foregoing
S send a notice of electronic filing to the following:
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Zach Coughlin, Esq.
Post Office Box 3961
Reno, Nevada 89S0S
Reno, Nevada 89505 .
(775) 348-0888
Fax(775) 348-0858
LAW OFFICE
RICHARD G. HILL
1
: tXHIBIT NO.
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Reno, Nevada 89505
(775) 348-0688
Fax(775) 348-0858
I DESCRIPTION
Order
EXHIBIT INDEX
F I L E D
Electronically
08-29-2012:12:28:30 PM
Clerk of the Court
EXHIBIT 1
EXHIBIT 1
2
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F I LED
Electronically
08-28-2012:04:32:12 PM
Clerk of the Court
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Appellant,
VS.
MATT MERLISS,
Respondent.
________________________
Case No.:
Dept. No.:
ORDER.
CVII-03628
7
Currently before this Court are two matters initiated by Appellant ZACHARY BARKE
COUGHLIN but submitted-and opposed-by Respondent MATT MERLISS. The first is
Motion to Alter or Amend Order, or Pled in Alternatid [sic] Motion to Set Aside Attorney Fe
19 Award and Motion for Order Shortening Time ulld Notice of Appeal of Atty [sic] Fee Award 0
20 6/25/12 ftled on July 2;4,2012. Merliss ftled an Oppo/;itiOIl to "Motion to Alter or Amend Order,
21 or Pled in the Alternatid (sic), Motion to Set Aside Attorney Fee Award and Motion for Orde
22 Shortening Time and Notice of Appeal of Ally (sic) Fee Award of 6/25/12" on July 31, 2012
23 Coughlin ftled no Reply Brief and the matter was submitted for decision on August 10,2012.
24 The second is a NRCP 60(b)(4) Motion to Set Aside At/orney's Fees ftled on July 31
25 2012. Merliss filed an Opposition to NRCP 60,b)(4) Motion to Set Aside Attorney's Fees 0
26 August 10, 2012. Coughlin filed no Reply Brief and this matter was submitted for decision 0
27 August 22, 2012.
28
1
Essentially, both Motions seek to set aside this Court's June 25, 2012 Order grantin
2 attorney's fees to Merliss. Having reviewed both of Coughlin's Motions and the relevant la
. 3 applicable to each one, this Court finds each Motion is devoid of any facts or legal argumen
4 sufficient to require or justify setting aside the attorney's fees award. And this is aside from th
5 myriad procedural and substantive deficiencies contained in each Motion.
6 Again, as was the case in Coughlin's attempt to set aside Merliss's award of costs
7 Coughlin's Motions here attempt to substantive issues this Court has already decided
8 or frivolous claims this Court has previously ignored. This Court has entered final judgment 0
9. the merits of Coughlin's underlying claim and awarded attorney's fees and costs to Merliss. Thi
10 Court will not revisit those decisions here, particularly when Coughlin alleges nothing that woul
II satisfy the requirements ofNRCP 59 or NRCP 60. Accordingly, Coughlin's Motion to Alter 0
12 Amend Order, or Pled in Alternatid [sic] Motion to Set Aside Attorney Fee Award and Motio
13 for Order Shortening Time and Notice of Appeal of A tty [sic] Fee Award of 6/25/12 and NRC
14 60(b)(4J Motion to Set Aside Attorney's Fees are DENIED.
15 In addition, Merliss requests this Court to sanction Coughlin for his repeated violations 0
16 the local rules of procedure. Merliss requests this Court to sanction Coughlin under WDCR 21
. -
17 such that Merliss and his counsel need not oppose or reply to any further filings by Coughlin i
18 this case absent an Order to that effect from this Court.
19 Alongside the numerous procedural violations Coughlin has committed in filing hi
20 papers (ignoring page limits, missing deadlines, etc.), Merliss contends Coughlin's litigatio
21 tactics-including Coughlin's instant attempt to set aside the attorney's fees award-have bee
22 employed not to pursue arguments in good faith but to delay and harass him. Merliss contend
23 Coughlin's behavior has been not only abusive but costly, requiring Merliss to contest each an
24 every allegation Coughlin makes no matter how meritless. This Court agrees.
25 In addition to this Court's power under NRCP II to issue sanctions to deter abusiv
26 litigation practices and frivolous filings, "Nevada courts . . . possess inherent powers of equit
27 and of control over the exercise of their jurisdiction." Jordan v. State De t. of Motor Ve .
28 & Public Safety, 121 Nev. 44, 59, 110 P.3d 30, 41 (2005), abrogated on other grounds by B
2
1 Stew. LLC v. City of North Las Vegas, 124 Nev. 224, 228, 181 P.3d 670, 672 (2008).
2 aberrant behavior has become, unfortunately, common in this case. His failure t
3 follow basic rules of practice and the absence in his numerous filings of any arguable basis eithe
4 in law or fact to support his various claims has led Merliss to needlessly incur costs tha
5 otherwise could have been avoided had Coughlin simply followed the rules. Consequently, thi
6 Court finds sanctions are appropriate under WDCR 21. Accordingly, this Court ORDE
7 Merliss and his counsel may but are not required to oppose or reply to any further filings b
8 Coughlin in this case absent an Order to that effect from this Court.
9 IT IS SO ORDERED.
10 DATED this day of August, 2012.
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3
PATRICK FLANAGAN
District Judge
3 District Court of the State of Nevada, County of Washoe; that on this r18 day of August,
6 Richard Hill,Esq. for Matthew Merliss; and
7 Zachary Coughlin, Esq. for himself.
9 United States Postal Service in Reno, Nevada. a true copy of the attached document addressed
10 to:
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4

CASE NO. CV11-03628 ZACHARY COUGHLIN vs MATTHEW MERLISS

DATE, J UDGE
OFFICERS OF
COURT PRESENT APPEARANCES-HEARING ________________
3/23/12
HONORABLE
PATRICK
FLANAGAN
DEPT. NO. 7
M. Conway
(Clerk)
S. Koetting
(Reporter)

ORDER TO SHOW CAUSE
Zachary Coughlin, Esq. was present in Court, acting in proper person.
Casey Baker, Esq. and Richard Hill, Esq. were present in Court on behalf of the
Defendant, who was not present.
11:00 a.m. Court convened.
The Court presented a brief procedural history of the case at bar including the
proceedings at the lower court level.
Counsel Coughlin addressed the Court and moved for a continuance.
COURT ORDERED: Motion to Continue: DENIED.
Counsel Baker requested the Court take judicial notice of: the Order Resolving Motion to
Contest Personal Property Lien filed in J ustice Court on December 21, 2011, this Courts
Order, dated J anuary 11, 2012 which was e-filed and e-served on the Plaintiff, that the
Plaintiff is a registered e-filer, and take judicial notice of the Notice of Entry of Order also
filed on J anuary 11, 2012, including the certificate of service.
Counsel Baker called Phil Stewart, who was sworn, direct examination conducted.
Counsel Coughlin moved for this Court to appoint counsel to represent him, arguing that
he is indigent.
COURT ORDERED: Motion for the Appointment of Counsel: DENIED.
Cross-examination conducted.
The Court took judicial notice of all pleadings in this case.
11:40 a.m. Short recess.
11:50 a.m. Court reconvened.
Phil Stewart resumed the stand, heretofore sworn, and cross- examination continued.
Counsel Coughlin invoked the rule of exclusion, as it relates to Counsel Richard Hill.
Motion: DENIED. Cross-examination continued.
The Court advised counsel that the Courthouse closes at noon on Friday, therefore this
matter will be continued. The Court, counsel, and the witness discussed various dates.
COURT ORDERED: Matter continued for Order to Show Cause to Monday, March 26,
2012 at 10:00 a.m.
12:08 p.m. Court stood in recess.
F I L E D
Electronically
03-23-2012:04:12:42 PM
Clerk of the Court

CASE NO. CV11-03628 ZACHARY COUGHLIN vs MATTHEW MERLISS

DATE, J UDGE
OFFICERS OF
COURT PRESENT APPEARANCES-HEARING ________________
03/26/12
HONORABLE
PATRICK
FLANAGAN
DEPT. NO. 7
M. Conway
(Clerk)
S. Koetting
(Reporter)

ORDER TO SHOW CAUSE
Zachary Coughlin, Esq. was present in Court, acting in proper person.
Casey Baker, Esq. and Richard Hill, Esq. were present in Court on behalf of the
Defendant, who was not present.
10:05 a.m. Court convened.
The Court addressed the parties and requested they clarify their positions regarding the
Motion Requesting an Order to Show Cause and address
- the December 21, 2011 Order issued J udge Peter J . Sferrazza
- this Courts Order dated J anuary, 11, 2012 and
- Interference with the Order relating to the removal of the Plaintiffs property.
Counsel Baker responded.
The Court reviewed Supreme Court Order, Case No. 55668, Ristenpart v. the Second
J udicial District Court, in which this Court was ordered to vacate the contempt order, and
the Hicks v. Feiock, and City Council of Reno v. Reno Newspapers decisions.
Counsel Baker advised the Court that it is his opinion that the contempt matter is a civil
matter but the Court has the authority to order a fine and/or jail time.
The Court reviewed the Order issued on J anuary 11, 2012 in which it denied the
Plaintiffs Motion for a Temporary Restraining Order or an Injunction preventing the
property owner from deposing of the tenants property or in the alternative a Motion for
Stay.
COURT FINDS that Plaintiff Zachary Coughlin has not violated its Order dated J anuary
11, 2012.
COURT FINDS the parties may have a legitimate dispute relative to Plaintiffs actions
relating to the removal of the Plaintiffs property but that this dispute is in front of J udge
Sferrazza.
COURT ORDERED: Defendant Motion for an Order to Show Cause holding Zachary
Coughlin in Contempt: DENIED.
10:32 a.m. Court stood in recess.

F I L E D
Electronically
03-26-2012:11:45:37 AM
Clerk of the Court

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Code 4132


ZACH COUGHLIN,

Petitioner,
vs.

MATTHEW MERLIS,

Respondent.
______________________________________/
Case No. CV11-03628
Dept. No. 8

NOTICE OF APPEAL DEFICIENCY
TO: Clerk of the Court, Nevada Supreme Court,
and All Parties or their Respective Counsel Of Record:

On May 20, 2013, Plaintiff, Zach Coughlin, filed a Notice of Appeal with the Court.
Plaintiff failed to include the Thirty-Four Dollar ($34.00) District Court filing fee, the Five
Hundred Dollar ($500.00) District Court appeal bond, and the Two Hundred Fifty Dollar
($250.00) Supreme Court filing fee.
Pursuant to NRAP 3(a)(3), on September 20, 2013, the Notice of Appeal was filed
with the Nevada Supreme Court. By copy of this notice Petitioner, Zach Coughlin, was
apprised of the deficiency.
Dated this 20th day of September, 2013.

CLERK OF THE COURT

By: _/s/Annie Smith
Annie Smith
Deputy Clerk
F I L E D
Electronically
09-20-2013:10:41:46 AM
Clerk of the Court

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CASE NO. CV11-03628
I certify that I am an employee of the Second Judicial District Court of the State of
Nevada, County Of Washoe; that on the 20th day of September , 2013, I electronically
filed the Notice of Appeal Deficiency with the Clerk of the Court by using the ECF
system.
I further certify that I transmitted a true and correct copy of the foregoing document
by the method(s) noted below:
Electronically filed with the Clerk of the Court by using the ECF system which will send
a notice of electronic filing to the following: [None]
Deposited in the Washoe County mailing system for postage and mailing with the
United States Postal Service in Reno, Nevada:
Zach Coughlin
1471 E 9
th
St.
Reno, Nevada 89512

__/s/Annie Smith
Deputy Clerk

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Code 1350

ZACH COUGHLIN,
Petitioner,
vs.

MATTHEW MERLISS,

Respondent.
_____________________________________________/

Case No. CV11-03628
Dept. No. 8

CERTIFICATE OF CLERK AND TRANSMITTAL NOTICE OF APPEAL
I certify that I am an employee of the Second Judicial District Court of the State of
Nevada, County of Washoe; that on the 20th day of September, 2013, I electronically filed
the Notice of Appeal of May 20, 2013, in the above entitled matter to the Nevada Supreme
Court.
I further certify that the transmitted record is a true and correct copy of the original
pleadings on file with the Second Judicial District Court.
Dated this 20th day of September, 2013

CLERK OF THE COURT

By /s/ Annie Smith
Annie Smith
Deputy Clerk
F I L E D
Electronically
09-20-2013:10:41:46 AM
Clerk of the Court

9 20 13 Filing in 61383 of Coughlin's 5 20 13 Notice of Appeal in 03628 That Flanagan Struck in His 5 29 13 Order NOA CV11-03628 COUGHLIN 05-13 - A

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9 20 13 Filing in 61383 of Coughlin's 5 20 13 Notice of Appeal in 03628 That Flanagan Struck in His 5 29 13 Order NOA CV11-03628 COUGHLIN 05-13 - A

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